ArticleThe Journal of medicine and philosophy2021
Equality in the Informed Consent Process: Competence to Consent, Substitute Decision-Making, and Discrimination of Persons with Mental Disorders.
Article in The Journal of medicine and philosophy, 2021. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 12 papers.
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Who cites it
12 citing papers in PubMed.
- "Get Well Enough to Make the Right Decision for Themselves"-Experiences and Perspectives of Clinicians Working with People with Serious Mental Illness and Their Substitute Decision Makers.Behavioral sciences (Basel, Switzerland) · 2025Article
- Aligning the "single law" proposal to the CRPD standard of "will and preferences".World psychiatry : official journal of the World Psychiatric Association (WPA) · 2024Article
- Consent as a compositional act - a framework that provides clarity for the retention and use of data.Philosophy, ethics, and humanities in medicine : PEHM · 2024Article
- Research ethics in practice: An analysis of ethical issues encountered in qualitative health research with mental health service users and relatives.Medicine, health care, and philosophy · 2023Article
- Cross-sectional study on the dissociation of decision-making capacity for antipsychotic treatment and COVID-19 vaccination in individuals with schizophrenia.Frontiers in psychiatry · 2023Article
- Review
- [Implementation of the UN-CRPD in patients who are not capable of self-determination].Der Nervenarzt · 2022Article
- Empowering the voiceless. Disorders of consciousness, neuroimaging and supported decision-making.Frontiers in psychiatry · 2022Review
- Editorial: Human Rights and Mental Health: Current Developments in Competence Assessment and Supported Decision-Making.Frontiers in psychiatry · 2021Article
- Risk Preferences, Rationality of Choices, and Willingness to Pay for Preventive Medicine in Patients with Graves' Thyrotoxicosis.Patient preference and adherence · 2021Article
- A German Version of the Staff Attitude to Coercion Scale. Development and Empirical Validation.Frontiers in psychiatry · 2020Article
- Under which conditions are changes in the treatment of people under involuntary commitment justified during the COVID-19 pandemic? An ethical evaluation of current developments in Germany.International journal of law and psychiatryArticle
Corrections and comments
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Authors and funding
3 authors.
Funding
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Abstract
According to what we propose to call "the competence model," competence is a necessary condition for valid informed consent. If a person is not competent to make a treatment decision, the decision must be made by a substitute decision-maker on her behalf. Recent reports of various United Nations human rights bodies claim that article 12 of the Convention on the Rights of Persons with Disabilities involves a wholesale rejection of this model, regardless of whether the model is based on a status, outcome, or functional approach to competence. The alleged rationale of this rejection is that denying persons the right to make their own treatment decisions based on an assessment of competence necessarily discriminates against persons with mental disorders. Based on a philosophical account of the nature of discrimination, we argue that a version of the competence model that combines supported decision-making with a functional approach to competence does not discriminate against persons with mental disorders. Furthermore, we argue that status- and outcome-based versions of the competence model are discriminatory.
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