scholarly journals Supported decision-making in Australia: Meeting the challenge of moving from capacity to capacity-building?

2017 ◽  
Vol 35 (2) ◽  
pp. 44-63
Author(s):  
Terry Carney
Keyword(s):  
Decision Making ◽  
Current Control ◽  
Law Reform ◽  
Control Group ◽  
Persons With Disabilities ◽  
Group Evaluation ◽  
Training Materials ◽  
Methodological Rigor ◽  
A Current

Supported decision-making models are widely commended, but legislation is scant; and, while various programs of decision-making support have been tried, evaluations are few and methodological rigor is largely absent. This article reviews Australian law and practice, law reform proposals, and trials of decision support programs, to assess what has been achieved so far in realising the aspirations of the Convention on the Rights of Persons with Disabilities of providing 'support' with 'safeguards'. Taking the example of a current control group evaluation of impacts of experientially derived training materials for supporters, the article discusses the role of evidence-based approaches to transitioning from substitute to supported decision-making through capacitybuilding programs for supporters of people with cognitive impairments.

scholarly journals Arousability, Personality, and Decision-Making Ability in Dissociative Disorder

2021 ◽  
pp. 025371762098155
Author(s):  
Doyel Ghosh ◽  
Pritha Mukhopadhyay ◽  
Ishani Chatterjee ◽  
Prasanta Kumar Roy
Keyword(s):  
Decision Making ◽  
Iowa Gambling Task ◽  
Psychiatric Patients ◽  
Economic Status ◽  
Reaction Time Task ◽  
Conversion Disorder ◽  
Control Group ◽  
Cross Sectional ◽  
Personality Disposition

Background: There is a gap in understanding the pathogenesis of dissociative conversion disorder (DCD), despite the disorder having a strong historical root. The role of personality and neurocognitive factors are now highlighted; however, inconsistencies are reported. This study explores the personality disposition, arousability, and decision-making ability of patients with DCD, in reference to a healthy control group (HCG). Methods: In this cross-sectional study, the sample comprised ten adult psychiatric patients with DCD. Ten participants of the HCG were matched according to age, gender, education, economic status, domicile, religious background, and handedness. The study assessed personality disposition with Temperament and Character Inventory, arousability with reaction time task, and decision-making ability with the Iowa Gambling Task (IGT PEBL version). Results: The DCD group differed significantly on personality disposition related to both temperament and character. There was also evidence of easy arousability and frustration along with deficit in executive function related to decision-making ability. Conclusion: This study highlights the presence of both temperamental and characterological factors associated with DCD. Moreover, this study identifies the role of cognitive arousability and decision-making or feedback utilization ability in the psychopathology of DCD.

scholarly journals Towards supported decision-making: Article 12 of the convention on the rights of persons with disabilities and guardianship law reform

2017 ◽  
Vol 35 (2) ◽  
pp. 21-43
Author(s):  
Bruce Alston
Keyword(s):  
Decision Making ◽  
Law Reform ◽  
Major Focus ◽  
Policy Makers ◽  
Persons With Disabilities ◽  
Full Effect ◽  
Guardianship Law ◽  
The Will ◽  
The Individual ◽  
Equal Right

In 2014, a set of National Decision-Making Principles (the Principles) was recommended by theAustralian Law Reform Commission as a legal policy guide for reform of Commonwealth, State and Territory laws. The Principles were aimed to encourage supported decision-making; make the appointment of representatives only a last resort; and to ensure that the will, preferences and rights of individuals direct decisions affecting their lives. This article discusses the sources of the Principles and their relationship to Art 12 of the Convention on the Rights of Persons with Disabilities. The article then examines the steps that are needed to give the Principles full effect in Australian laws to regulate decision-making by individuals who require support. A major focus in implementing a paradigm shift towards supported decision-making is reform of State and Territory guardianship and administration laws. The article examines how guardianship laws should be reformed consistently with the Principles - to ensure that guardianship is invoked only as a last resort and after considering the availability of support to assist people in decision-making. Further, guardianship should be as confined in scope and duration as is reasonably possible; subject to accessible mechanisms for review; and decision-making should respect the will, preferences and rights of the individual. At Commonwealth level, the National Disability Insurance Scheme legislation incorporates some elements of supported decision-making. However, these should also be augmented by providing legal recognition for supporters, and associated safeguards. The author suggests that the Principles can be a catalyst for facilitating important law reform over following decades. The article examines how the Principles may be used by communities, policy-makers and governments to promote world-leading legal changes to ensure that individuals with disability have an equal right to make decisions for themselves.

The Role of Analogies in Crisis Decision Making

2020 ◽  
Author(s):  
David Patrick Houghton
Keyword(s):  
Decision Making ◽  
Analogical Reasoning ◽  
Optimal Decision ◽  
Current Crisis ◽  
Current Case ◽  
Processing Information ◽  
Optimal Decision Making ◽  
Heuristic Devices ◽  
A Current

Analogical reasoning is a mode of thinking in which a current situation, person, or event is compared with something encountered in the past that appears “similar” to the analogizer. The 2020 Coronavirus crisis was often compared with the 1918 flu epidemic, for instance. In addition to reasoning across time, we can also reason across space, comparing a current case with something that has been encountered within a different geographical space. Sticking with the Coronavirus example, the management of the disease in one country was often compared with that in another, with favorable or unfavorable lessons being drawn. Analogical reasoning plays a major role in crisis decision-making, in large part because decisions made under such circumstances have to be taken in rapid (and, indeed, almost immediate) fashion. When this is the case, it is often tempting to conclude that “this time will resemble last time” or “this problem will resemble a situation confronted elsewhere.” But these analogies are drawn, and decisions are made, by individuals who must confront their own very human cognitive psychological limitations. Since analogies are essentially heuristic devices that cut short the process of informational search, they are usually seen as good enough but do not ensure optimal decision-making. Analogies are at a premium during crisis-like events, but their “bounded” nature means that their use will sometimes lead to errors in processing information. In particular, the drawing of an analogy often leads to an underestimation of ways in which the current crisis is “different” from the baseline event.

The right to legal agency: domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities

2017 ◽  
Vol 13 (1) ◽  
pp. 22-38 ◽  
Author(s):  
Anna Arstein-Kerslake ◽  
Eilionóir Flynn
Keyword(s):  
Decision Making ◽  
Lived Experience ◽  
Law Reform ◽  
Cognitive Disability ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Definition Of ◽  
The Right ◽  
High Level ◽  
Republican Theory

AbstractArticle 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cognitive disability. It also uses a republican theory of domination to argue that people with cognitive disabilities who are experiencing domination are forced to assert legal agency in even daily decision-making because of the high level of external regulation of their lives and the ever-present threat of others substituting their decision-making. It identifies Article 12 as a tool for protecting such exertions of legal agency and curtailing relationships of domination.

scholarly journals Supporting accused persons with cognitive disabilities to participate in criminal proceedings in Australia: Avoiding the pitfalls of unfitness to stand trial laws

2017 ◽  
Vol 35 (2) ◽  
pp. 64-84
Author(s):  
Piers Gooding ◽  
Anna Arstein-Kerslake ◽  
Sarah Mercer ◽  
Bernadette Mc Sherry
Keyword(s):  
United Nations ◽  
Cognitive Disabilities ◽  
Case Law ◽  
Law Reform ◽  
Media Law ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
Indefinite Detention ◽  
United Nations Convention

In the 10 years since Australia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the issue of the indefinite detention of persons with cognitive disabilities found unfit to stand trial has received considerable attention. Concerns have been raised by national media, law reform bodies and United Nations human rights agencies. Yet there remain few examples of formal change to unfitness to stand trial laws in Australia. This article focuses on the role of procedural accommodations in meeting CRPD requirements, and other accessibility measures to ensure accused persons with cognitive disabilities are able to take part in criminal proceedings on an equal basis with others. It examines support measures that appear in existing statute and case law within Australia and considers the need to develop new forms of support.

Effects of Acute Stress on Decision Making under Ambiguous and Risky Conditions in Healthy Young Men

2016 ◽  
Vol 19 ◽  
Author(s):  
Irene Cano-López ◽  
Beatriz Cano-López ◽  
Vanesa Hidalgo ◽  
Esperanza González-Bono
Keyword(s):  
Decision Making ◽  
Acute Stress ◽  
Personality Factors ◽  
Control Group ◽  
Experimental Session ◽  
Cognitive Resources ◽  
Stress Effects ◽  
Before And After ◽  
And Control

AbstractAcute stress and decision making (DM) interact in life – although little is known about the role of ambiguity and risk in this interaction. The aim of this study is to clarify the effect of acute stress on DM under various conditions. Thirty-one young healthy men were randomly distributed into two groups: experimental and control. DM processes were evaluated before and after an experimental session. For the experimental group, the session consisted of an acute stress battery; and the protocol was similar for the control group but the instructions were designed to minimize acute stress. Cardiovascular variables were continuously recorded 30 minutes before the DM tasks and during the experimental session. Cortisol, glucose, mood responses, and personality factors were also assessed. Acute stress was found to enhance disadvantageous decisions under ambiguous conditions (F(1, 29) = 4.16, p = .05, η2p = .13), and this was mainly explained by the stress induced cortisol response (26.1% of variance, F(1, 30) = 11.59, p = .002). While there were no significant effects under risky conditions, inhibition responses differed between groups (F(1, 29) = 4.21, p = .05, η2p = .13) and these differences were explained by cardiovascular and psychological responses (39.1% of variance, F(3, 30) = 7.42, p < .001). Results suggest that DM tasks could compete with cognitive resources after acute stress and could have implications for intervention in acute stress effects on DM in contexts such as addiction or eating disorders.

scholarly journals Employers and Employers Associations in the Netherlands Industrial Relations Systems

2005 ◽  
Vol 22 (1) ◽  
pp. 47-73
Author(s):  
John P. Windmuller
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Industrial Relations ◽  
Current Trend ◽  
Economic Policies ◽  
Dutch Government ◽  
Social Organizations ◽  
High Degree ◽  
A Current

This article analyzes the organization of employers in the Netheriands for their industrial relations tasks. After first describing the role of individual employers and explaining why that role is a relatively small one, the article emphasizes the structure and functioning of employers associations in industrial relations. Special attention is given to the existence of pluralistic associations in a country where by tradition most if not all social organizations are pluralistically organized. The postwar wage and economic policies of the Dutch government have encouraged a high degree of centralized decision-making among employers as well as among labor organizations. The article concludes with some observations about the likely consequences of a current trend toward greater decentralization.

Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux
Keyword(s):  
Decision Making ◽  
Individual Differences ◽  
Cognitive Processes ◽  
Evolutionary History ◽  
Behavioral Responses ◽  
History Of ◽  
Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

The Role of Shared Decision-Making in Audiologic Rehabilitation

2014 ◽  
Vol 21 (1) ◽  
pp. 15-23 ◽  
Author(s):  
Helen Pryce ◽  
Amanda Hall
Keyword(s):  
Decision Making ◽  
Shared Decision Making ◽  
Behavior Changes ◽  
Shared Decision ◽  
Patient Centered ◽  
Treatment Information ◽  
Centered Care ◽  
Potential Risks ◽  
Audiologic Rehabilitation

Shared decision-making (SDM), a component of patient-centered care, is the process in which the clinician and patient both participate in decision-making about treatment; information is shared between the parties and both agree with the decision. Shared decision-making is appropriate for health care conditions in which there is more than one evidence-based treatment or management option that have different benefits and risks. The patient's involvement ensures that the decisions regarding treatment are sensitive to the patient's values and preferences. Audiologic rehabilitation requires substantial behavior changes on the part of patients and includes benefits to their communication as well as compromises and potential risks. This article identifies the importance of shared decision-making in audiologic rehabilitation and the changes required to implement it effectively.

Sign in / Sign up

Export Citation Format

Share Document