SUPPORTED DECISION MAKING FOR TREATMENT AND RESEARCH: LEGAL AND ETHICAL CONSIDERATIONS
SUPPORTED DECISION MAKING FOR TREATMENT AND RESEARCH: LEGAL AND ETHICAL CONSIDERATIONS
Author(s): Igor MilinkovićSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: supported decision making; substitute decision making; dignity; UNCRPD; mental disabilities; medical treatment; Bosnia and Herzegovina;
Summary/Abstract: Supported decision making refers to a process by which individuals with impaired decision-making capacity are assisted in making their own decisions, thereby promoting autonomy and self-determination while reducing reliance on substitute decision making. Traditionally, legal systems have responded to cognitive disabilities by authorizing surrogate decision-makers to act on behalf of individuals with intellectual or cognitive impairments - a model frequently criticized for its paternalistic nature. In contrast, supported decision making has emerged as a compelling alternative, gaining growing political and legal recognition. This model enables individuals with cognitive disabilities to remain the ultimate decision-makers, while receiving appropriate support from other persons to help them understand, deliberate, and communicate their choices.
Journal: Зборник радова Међународни научни скуп „Изазови и перспективе развоја правних система у XXI вијеку"
- Issue Year: 1/2025
- Issue No: 5 (1)
- Page Range: 19-32
- Page Count: 14
- Language: English
