scholarly journals 知情同意的權利主體: 儒家倫理視角下的考察

Author(s):  
Tongwei YANG ◽  
Zhangqi FENG

LANGUAGE NOTE | Document text in Chinese; abstract also in English.“ 知情同意”這個在西方文化背景中產生的倫理和法律術語在中國仍然是一個比較新的概念。尤其是對於知情同意的權利主體這一基本問題,在立法實踐和臨床實務中仍存在認識模糊和不一致之處。本文基於儒家家庭倫理的基本精神——尊重個人意願與家庭關懷的統一,提出了關於知情同意權利主體的立法建議。在儒家倫理中,主張“和而不同”、“互以對方為重”,體現了尊重個人意願的思想。在儒家倫理中還主張“父慈子孝”、“兄友弟恭”、“夫婦和順”,體現了家庭關懷。可見,在儒家倫理視野下,知情同意權利並非由家屬包辦,也非僅僅屬於患者而和家庭無關,而是在患者做主前提下的家庭參與,是患者做主與家庭關懷的統一。所以,對於有同意能力的患者而言,其本人所作的同意表示才具有法律效力;只有在某些特殊的情形下患者家屬才可以代為簽署知情同意書或者代行知情同意權利。Informed consent has been a core principle endorsed by modern Western medical ethics. It involves patient-physician relationship as well as family relationship. It has been a focus of debates since it was introduced to the Chinese world whether informed consent is agreeable to the cultural ethos of China, and if not, whether it can be applied transculturally. This paper first discusses three principles in the policy of informed consent: 1. the principle of individual autonomy; 2. the principle of non-maleficence; and 3. the principle of effectiveness. Then the paper explores the issue informed consent within the framework of the Confucian concept of family and family values, indicating that in Confucian ethics, the idea of“ harmony in diversity” acknowledges the importance of individuality whereas the notion of reciprocal relationship emphasizes the interconnectedness of everyone in family and society at large. We should always look for a balanced point between the right of the patient and the duty of the physician, and between the interest of an individual person and the interest of the family as a unit.DOWNLOAD HISTORY | This article has been downloaded 183 times in Digital Commons before migrating into this platform.

Author(s):  
Jie BAI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.近年來得益於女性地位的提升與名人效應,單身女性凍卵問題日趨成為社會輿論關注的焦點,由此也引發了法學界對單身女性生育權的討論。然而,單身女性凍卵不僅僅是一個法律議題,更是一個倫理問題。不僅法律和法規的制定和修訂中多有涉及對倫理的關照,凍卵的臨床實踐中也廣泛存在對倫理的考量。在結婚率和生育率持續走低當下社會,相當一部分單身 女性選擇凍卵的動機是希望脱離婚姻而進行自主的生育行 為。值得深思的是,東亞的儒教國家對輔助生殖的使用限制最為嚴格、政策最為保守。本文試圖通過分析儒家會如何看待脱離婚姻的生育行為,來探討儒學倫理對單身女性凍卵抱有怎麽樣的態度、能夠帶來怎麽的啟示。本文認為,儘管在法律維度上應該肯定單身女性擁有生育權,但在倫理層面上,脱離婚姻的生育行為應該極為審慎,因為其有違儒家倫理中對家庭秩序的看重,同時也讓“雙親撫育”難以得到實現。In recent years, thanks to the promotion of the status of women and the celebrity effect, the issue of the frozen eggs of single women has become a focus of public opinion, leading to discussion of the reproductive rights of single women in the legal arena. However, single women's frozen eggs are also an ethical issue. The laws and regulations not only involve ethics, but also ethical considerations in the clinical practice of frozen eggs. In today's society, in which the marriage rate and fertility rate continue to decline, many single women choose to freeze their eggs to distinguish between reproductive activities and marriage. It is worth thinking about the fact that Confucian East Asia has the strictest restrictions and most conservative policy on the use of assisted reproduction. This paper explores how Confucian ethics have a different position on single women’s frozen eggs by analyzing how Confucianism views fertility behaviors that are separated from marriage. It argues that although it is certain that a single woman has the right to give birth in the legal dimension, ethically, the procreative behavior of marriage should be taken with caution, as it violates the Confucian ethic of the family order by making parental care more difficult.DOWNLOAD HISTORY | This article has been downloaded 45 times in Digital Commons before migrating into this platform.


Author(s):  
Yan LI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.知情同意是尊重人的自主原則在診療環節的重要實踐,也是當代生命倫理學的重要組成之一,但在中國的履行卻體現出與其在西方社會建立起來的原有狀態中不同的特色。本文試圖探討形成這樣的特色與中國傳統倫理因素——例如“儒家、道家”——之間的關係,挖掘其可能的思想、制度、倫理淵源。在文章的最後,還對中國傳統倫理在當代正在發生變革的現狀及其對履行知情同意原則的積極作用進行了簡單的闡釋。The informed consent has been practiced as a clinical and ethical principle for many years in China. With traditional emphasis on the family as a whole and a hierarchical social structure there is a strong ethic of indebtedness and obligations for one family member to others. Within this moral framework there is a special need for evoking a sense of self-restraint and communal responsibility towards the well-being of a family instead of an individual. As a result, the implementation of the informed consent in China sometimes takes a different direction. This paper intends to explore how traditional values systems, namely Confucianism, Daoism, Buddhism inf luence the way of the informed consent is interpreted and practiced. The paper has offered several specific medical cases to show the diff iculties in excising the principle of informed consent due to an absence of individual autonomy needed for a general requirement of competency and a lack of public medical information. Finally, I shall discuss the possibility of“ modernizing” traditional ethics.DOWNLOAD HISTORY | This article has been downloaded 146 times in Digital Commons before migrating into this platform.


Author(s):  
Xiangjin KONG ◽  
Mingjie ZHAO

LANGUAGE NOTE | Document text in Chinese; abstract also in English.在具有家庭主義特徵的中國社會文化語境下,儒家家庭本位思想對病人知情同意權的影響是客觀實在。以自由主義和個人主義為理論基礎的個人自主知情同意原則要想在中國本土的醫療實踐中發揮應有作用,突顯家庭在知情同意過程中的主導地位是重要前提。在中國的醫療實踐中,知情同意的模式必須融入中國儒家家庭本位思想,才能更好地發揮其作用。Opinion polls released recently show that the majority of people in China today think that informed consent in medical practice is necessary, with more than half favoring family decision making over individual, autonomous patient decision making. Based on these opinion polls, this essay argues that the liberalism and liberal individualism that emphasize individual autonomy do not square with the Confucian tradition.The essay submits that the “family decision” model is designed to embody Confucian family ethics and maximize the benefit of family involvement in medical decision making. The family model includes both the patient and his or her close family members in the decision making process. The Confucian ethics of humanness (ren) – the highest moral virtue – and filial piety (xiao) – the foundation of all moral virtue – support family as the most appropriate authority for medical decisions. Further, the essay explores how the family as a unit is better positioned to work with the physician at critical moments to protect the interests of the patient. This means that the family, not the patient, is in authority, and that in some cases, it is acceptable for family members to hide “medical information” from the patient with the cooperation of the physician. The essay concludes that the family is, and should be treated as, a significant moral participant in medical decision making.DOWNLOAD HISTORY | This article has been downloaded 99 times in Digital Commons before migrating into this platform.


Author(s):  
Yongsong GUO

LANGUAGE NOTE | Document text in Chinese; abstract also in English.對於沒有臨床救治希望的病人,要不要繼續治療?誰有最終的決定權?這既是臨床醫療問題,又是一個涉及社會倫理法規的問題。對於這樣的病人,不放棄治療可能意味著要消耗更多的醫療資源但又無法挽救病人,但是如果放棄治療,可能會遇到更多的來自社會傳統的、倫理法規的問題。筆者認為,在社會多元化發展的今天,面對臨床無效治療,應在尊重病人或病人家屬有最終決定權的前提下,以一定道德、法規為依據,按照一定的醫療程式和法律手續進行處理,可能是更為符合人道和社會公眾利益的理性選擇。There has not been a clear medical definition of futility. The concept of futile treatment involves not only medical, but also social, ethical, and legal components. This paper argues that in today's pluralistic moral circumstances, the patient and/or the family should have the final right to decision regarding futile treatment.Some are opposed to renouncing futile treatment, whatever futility is defined. For them, first, abandoning treatment is in conflict with the physician's basic duty of offering treatment. Second, giving up treatment also gives up the chance of making medical progress by attempting to treat the patient. Third, the patient would thereby lose the opportunity of prolonging the life. And finally, it would change the good image of the physician (as taking care of the patient). On the other hand, those who support renouncing futile treatment offer different reasons. First, giving up futile treatment will turn out to be respecting the value of the patient's life. Second, It would help people recognize the natural limit of contemporary medical development. Third, it would facilitate a reasonable pattern of distributing scarce medical resources. And finally, it could reduce the suffering of the patient. As a result, we face a social situation of moral pluralism: people disagree with each other regarding renouncing futile treatment.A difficult practical issue is who has the right to decide renouncing futile treatment. This paper argues that, giving individuals hold conflicting views of life, valoue and morality, the patient should have the final decision power regarding his/her own treatment. If the patient is incompetent, then the family should have the deciding right. In this respect we should overcome the longstanding medical paternalism. In addition, society should establish a prcocedure to regulate and facilitate the decision-mading of renouncing futile treatment.DOWNLOAD HISTORY | This article has been downloaded 16 times in Digital Commons before migrating into this platform.


Author(s):  
Lawrence YUNG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.


Author(s):  
Ruiping Fan ◽  
Zhengrong Guo ◽  
Michael Wong

This chapter examines Confucian perspectives on psychiatric ethics by focusing on a family-based and family-oriented way of life. It first provides a background on Confucianism and Confucian familism, with emphasis on central concerns in the Confucian virtuous way of life including the integrity, continuity, and prosperity of the family. It then compares Confucian ethics with Western bioethics in terms of moral responsibility and individual autonomy in the context of family obligations and patient needs. It also discusses the Mental Health Act in China, which became effective in May 2013, and its restrictions on involuntary hospitalization within the context of Confucian ethics. The chapter considers two cases, one from mainland China and another from Australia, to illustrate Confucian psychiatric ethics at work in real life and highlight various issues that arise in contemporary clinical settings.


Author(s):  
Yu CAI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文首先探討了儒家的“誠”與作為人之本性的“仁”之間的關係,指出“誠”是“仁”的前提與基礎。筆者認為“誠”賦予“仁”三個基本特徵:“真摯性”、“無外在目的性”和“客觀性”。這三個特徵都與儒家家庭和家庭成員間的“親親之愛”緊密聯繫。其後,本文提出儒家排斥“鄉願”式的器官捐獻。同時,文章指出,由於“誠”的要求,儒家認為對家庭成員的“親親之愛”應該是對非家庭成員的仁愛的前提、基礎和不可或缺的必要條件。因而,個人捐獻原則是與“誠”的價值觀存在一定的矛盾,而家庭捐獻原則才是符合儒家倫理的。最後,本文對人體器官的家庭捐獻原則進行了制度設計。Organ donation is the gift of an organ to help someone who needs a transplant to survive. Yet with limited organs available, the following question arises. Who should be given priority in terms of donation procedures—the individual who has personally committed to offer his/her organs to anyone in need, or the legal next of kin, i.e., family members? This essay approaches this question with reference to the Confucian ethics of sincerity (cheng), which is viewed as a precondition for the ethics of humanness (ren), arguing that family members should be given priority in decisions on organ donation. The author recommends that a policy of family consent for organ donation be implemented, as such a policy would reflect the significant role that family should play in making decisions on critical issues such as organ donation. The essay concludes that rather than emphasizing the right of individuals to decide what will happen after they die, a policy of family involvement would encourage more people to become donors and avoid conflict in cases of disagreement between donors and family members.DOWNLOAD HISTORY | This article has been downloaded 75 times in Digital Commons before migrating into this platform.


2021 ◽  
Vol 13 (3) ◽  
pp. 529-545
Author(s):  
Sabira Nishanbayeva ◽  
Sholpan Kolumbayeva ◽  
Aisulu Satynskaya ◽  
Saira Zhiyenbayeva ◽  
Perizat Seiitkazy ◽  
...  

In this article, we examine the instructional theoretical work on the formation of family-moral values ​​of students, conduct experimental work on a small experimental site and consider its concrete results. Methods were used to determine students' moral awareness, understanding family as value, family relationships, ability to control family conflicts, and active involvement in family decision-making. Theoretically, content analysis, synthesis, generalization, survey, diagnostics, and the like were organized. Based on the above, it is very effective to use Rokeach's method of "valuing the value". We present a percentage index based on the traditional relationships of the family institution in the form of a forming experiment organized on the basis of the "Psychological trainings for family life" series, which is organized in the right direction, in conjunction with the new social and economic conditions within the modern society.   Keywords: Instruction, family values, technology, cultural relations, individuality, typology of values;


2011 ◽  
Vol 60 (4) ◽  
Author(s):  
Elena Ferioli ◽  
Mario Picozzi

La richiesta di istituire biobanche oggi diventa sempre più impellente. Una biobanca è una struttura dove si raccolgono per un tempo lungo materiale biologico e dati di natura biomedica correlati al campione, che può provenire sia da pazienti che da cittadini. Da un lato si riconosce il ruolo che le biobanche possono avere sia nell’acquisire nuove conoscenze sia nel favorire nuovi trattamenti di diagnosi e cura, dall’altro è necessario riflettere sulle delicate e complesse questioni giuridiche ed etiche ad esse sottese. Il presente contributo, dopo aver fatto chiarezza sulla definizione e sui requisiti tecnici necessari per l’istituzione di una biobanca, si sofferma ad analizzare le principali questioni etico-giuridiche: a chi appartiene il tessuto e chi beneficia dei risultati ottenuti? Quale consenso informato è adeguato per protocolli sperimentali non prevedibili al momento del prelievo del tessuto? Come può essere garantita la riservatezza dei dati, anche in funzione dell’analisi genetica? Gli argomenti vengono analizzati a partire dalla letteratura internazionale, mostrando le diverse posizioni. In tema di proprietà del tessuto e di proprietà intellettuale dei risultati si evidenzia come sta emergendo una concezione solidaristica, in cui materiale e informazioni sono da considerarsi risorse a disposizione dell’intera collettività, che ne affida alla biobanca la gestione. Il modello di consenso informato che sembra prevalere è quello definito “ampliato”, di cui si evidenziano pregi e difetti, nell’ottica di un bilanciamento tra autonomia del soggetto, interesse della collettività ed esigenze della ricerca. La questione della riservatezza impone di riflettere sia sul diritto alla privacy sia sulla possibilità di utilizzo del dato per finalità di ricerca. Data la complessità delle questioni emerse, si ritiene che necessariamente la fiducia del paziente/cittadino verso la comunità scientifica giochi un ruolo fondamentale. Il Comitato di etica, a cui vanno assicurate competenze e risorse adeguate, diventa lo strumento di garanzia indispensabile per una gestione eticamente accettabile della biobanca. ---------- Today the request to create biobanks is more and more urgent. A biobank is a structure where biological specimens and related biomedical data, obtained from patients and/or citizens , are stored over time. On one hand, we acknowledge the role that biobanks may have in acquiring new knowledge and fostering new treatments for diagnosis and therapy, on the other we need to reflect upon the delicate and complex legal and ethical issues that biobanks rise. This paper, after defining the concept of biobank and the technical requirements needed to establish one, analyzes some major ethical and legal issues: Who owns the tissues and who can benefit from potential results? Which kind of informed consent is the most appropriate for experimental protocols not yet predictable at the time of tissue collection? How can data confidentiality be guaranteed also in relation to genetic analysis? The topics are analyzed with reference to the international literature, comparing different perspectives. Regarding the ownership of biological samples and the intellectual property rights of the potential research outputs based on the data, the recent literature introduces a new concept of solidarity which consider all samples and information at full disposal of the entire community and which indicates the biobank as the manager of the archive. The model of “broad” informed consent seems to prevail: we indicate its points of strength and weakness, considering a necessary balance among the individual autonomy, the collective interest and the research requirements. Finally, regarding the confidentiality of all data, we need to reflect upon the right to privacy along with the possibility to use the available data for research purpose. Considering the complexity of these issues, we believe that the patient’s trust towards the scientific community is the main matter. The Ethics Committee, to whom adequate resources and expertise must be granted, becomes the assurer entity for an ethically acceptable management of a biobank.


Author(s):  
Xiangjin KONG ◽  
Mingjie ZHAO

LANGUAGE NOTE | Document text in Chinese; abstract also in English.因人類輔助生殖技術應用引發的生命倫理問題,已成為現代生命倫理學界研究的重點領域。隨著輔助生殖技術的進步與發展,所產生的生命倫理問題也愈來愈複雜,現代生命倫理學各學派對這些倫理問題的爭論也愈來愈激烈。本文以儒家家庭倫理觀對這些倫理問題進行解析,以期為解決這些倫理問題爭論提供一個新的視角。Assisted reproductive technology (ART) has provided both opportunities and crises for people to achieve pregnancy and reproduction by artificial or partially artificial means. As Chinese people have been shaped by Confucian family values, they are committed to pursuing the continuity, integrity, and prosperity of the family. Applying ART is not unethical in principle. However, different types of ART carry different ethical implications and should be defined clearly according to the Confucian moral perspective.Confucian ethics is committed to maintaining the continuity of the family. For infertile couples, both artificial insemination (AI) and in vitro fertilization (IVF) can be beneficial and justifiable, as long as the sperms and eggs involved are only from the husband and wife. However, according to the Confucian understanding of the integrity of the family, an AI or IVF by donor, rather than the husband, would destroy the blood-tie of the family, and is therefore ethically unjustifiable. In addition, Confucianism appreciates that a normal family must have both a husband and a wife, and that a child ought to be born in a normal family with both a father and a mother. Accordingly, it is ethically problematic for single men or women to use ART to conceive a child. Moreover, it is very difficult for Confucians to defend the practice of surrogate motherhood because the intrusion of another woman into a family would significantly threaten the peace and integrity of the family and be harmful to the development of the child.This paper does not intend to argue that all traditional Confucian ethical views are absolutely right and should never be changed. It does, however, argue that Confucian moral values and commitments should be taken seriously. These values and commitments are still vibrant in Chinese people’s lives, although they have not been promoted systematically in national politics. As they are embedded in the Chinese ways of life, Chinese bioethicists should carefully examine these views and provide relevant arguments for their preferred programs and solutions regarding the application of reproductive technologies.DOWNLOAD HISTORY | This article has been downloaded 169 times in Digital Commons before migrating into this platform.


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