Blood transfusions, Jehovah's Witnesses and the rule of inviolability of the human body.
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The treatment of the mentally retarded patient may raise dramatic ethical issues for the family physician. A case is used to illustrate an example of ethical decision-making and the moral issues explored.
The principles of bioethics indicate that Prospective Payment has a moral dimension. Because Prospective Payment unifies clinical and financial decisions, it poses problems for long-term care facilities, especially those motivated by a humanitarian mission rather than financial considerations. This article outlines how Prospective Payment conflicts with the ethical principles of respect for persons, autonomy, justice, promise keeping, and fidelity.
Amidst the boon of medical, scientific, and technological progress, materialism has gained increasing explanatory power in deciphering the enigma of mind. But with the proliferation and acceptance of cognitive science, psychic reality has been largely reduced to a physical ontology. In this article, the author explores the ground, scope, and limits to the materialist framework and shows that although biological-neurochemical physiology is a necessary condition for mental functioning, it is far from a sufficient condition to adequately explain the human being. This situation becomes especially significant when one examines the issues of selfhood, freedom, personal autonomy, and the phenomenal quality of the lived experience.
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The author describes the development in German law regarding the protection of sexual self-determination of disabled persons. Her analysis encompasses the last twenty years, starting from the "cripple-tribunal 1981", where disabled women first raised the subject in German public. As the main legal reforms for disabled persons in Germany, the author analysis the Thirty-First-Criminal-Law-Change-Act and the Sixth-Act-To-Reform-Criminal-Law of 1997/98 as well as the Ninth-Social-Law-Code of 2001. The author welcomes these legislative reforms but points to the fact that the judiciary has yet failed to implement particularly the criminal law reform. In addition she shows that the new criminal law does not fill all former protection gaps. She demands further reforms in other areas of law. Finally she emphasizes that comprehensive information and education for all those who are concerned by the subject are necessary.
Two research projects "Because Everything Concerning Violence Hurts--Sexual Exploitation of Girls and Women with Disabilities (Zemp and Pircher 1996) and "Sexualized Violence in the Daily Life of People with Disabilities" (Zemp et al. 1997) will be introduced. The following study examined women and men with disabilities who live in a residential institution due to their physical, mental and/or psychological disability. Sexual exploitation starts where a person is used by another in order to satisfy certain needs without being informed or giving consent. Sexual exploitation is an expression of a power relationship. People with disabilities are underprivileged concerning resources, articulation and information, position in society and degree of organisation. We worked with questionnaires and semi-structured interviews. It was important to us not to exclude anybody from the study due to the severity of the disability. In cases where participants were incapable of verbal communication, we used "yes/no-conversation" and "anatomical dolls". 130 men and 130 women between aged between 18 and 78 participated in this study. All women received prophylactic contraception in order to avoid the product of rape. Both male and female participants showed diminished knowledge of sexual education. Approximately 64% of female and 50% of male participants indicate that they have been exploited sexually. Disabled room mates were the predominant group of perpetrators for the male and the third important for the female participants. Sexualized violence in residential institutions is directly linked to structural violence. This can only be fought effectively by a change in paradigms from controlled to self-determined life.
The present article gives inside in research work in progress. Habermas (1973) pointed out the interdependency of economical motivational and other personal interests and the scientific results in research. Starting research on (sexual) self determination in institutions for mentally retarded people we were confronted with quite a number of conflicts of interests. The present article tries to clarify these conflicts from different perspectives e.g. the perspective of the management of the institutions, the perspective of the concerned inhabitants and the perspective of the caregivers. Describing the areas and hindrances we try to find out what sort of fascilitators are needed to improve the participation of mentally handicapped persons in this research process. From a methodological point of view we chose a qualitative approach to generate prototypes and controlled this approach by an expert committee. One of the main results is that a policy against sexual abuse in these institutions has to be part of the general quality discussion.