| Co-Investigator(Kenkyū-buntansha) |
FURUYA Takeshi Gunma University, Faculty of Education, Assistant Professor, 教育学部, 助教授 (20173552)
MITANI Yoshiaki Hokuriku University, Faculty of Law, Professor, 法学部, 教授 (80014760)
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| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1997: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Research Abstract |
The purpose of this study was to examine the many difficulties involved in developing the legal system and administrative structure for self-determination in persons with intellectual disabilities. For informed consent to exist, the two issues that appeared most salient, yet were often controversial, were (1) competence in decision-making and (2) substitute decision-making when the competence of those involved was determined to be lacking. In brief, competence was assumed to be an antecedent for participation in the medical decision-making process. However, no reliable tests or standards for competence currently exist.
The literature delineates six arguments surrounding the issues of competence, but the focus of the current research centered on three issues based on the relevance to persons with intellectual disabilities. The issues were (1) The distinction between general and specific competence, (2) Objective tests and standards of competence, and (3) The use of a sliding standard of competence.
One characteristic of those with intellectual disabilities is the faculty of acquiescing to authority. Acquiescing to authority is thought to be learned through experience in institutional life or through nursing care, and is presumed to be adopted as a defensive technique against appearing incompetent. Thus, agreement under such conditions may not constitute valid consent.
These and other problems can be eliminated through the development of a system to evaluate the concept of competence. Further, it is essential that all involved, including the intellectually disabled, the medical practitioners, and the social welfare workers be educated in human rights.
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