JME Blog, 3 November 2017
Authors: Matthé Scholten, Jakov Gather
“When a patient is incompetent to make a particular treatment decision due to impaired decision-making capacity, it is common practice that the decision is based on an advance directive or made by a substitute decision-maker on behalf of the patient. The substitute decision-maker’s task is to choose the treatment option that the patient would have chosen had he or she been competent. Recent reports prepared by the United Nations (UN) strongly repudiate this practice. According to these reports, article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) states that persons with mental disabilities may on no account be denied the right to make their own treatment decisions.”
Find article here.