의료와 복지에서 결정 능력이 부족한 자의 자기결정 - 지적장애인의 자기결정에 관한 서설적 연구 -

Abstract

Today, self-determination is used in a variety of ways. It is understood as a condition to make a better choice about self-life or self-realization of an individual. By the way, In the concept of self-determination, there is a tacit assumption that the self-determining subject has sufficient self-determination ability. On the other hand, children with missing or inadequate self-determination ability, mentally handicapped persons, and intellectual disable persons are excluded from self-determination subjects, in many cases, the decision of someone other than self-determination is justified under the name of "protection" and the possibility of self-determination is often deprived. However, it is undemocratic to unilaterally deprive these people of the opportunity to self-determination on account of their decision-making capacity. In this article, we examine the phenomenon of self-determination and self-determination of "those who lack decision-making ability" and try to understand the related problems. Then, consider the possibility of self-determination by those who are relatively inadequate. As a result, point out that it is human rights violation to exclude a specific person from the subject of self-determination because of the ability. However, this situation is referred to as human rights violation, and only the degree of resistance to decisions by others through litigation remains to be seen as a subject of protection. It does not guarantee the opportunity for self-determination of those who are unilaterally enforced by others. There is a relative difference in self-determination ability, and all humans have equally. Therefore, opportunities for self-determination must be ensured according to the abilities of the various stages of development. However, those who lack the ability to make decisions need direct support or cooperation from others, so the method of self-determination needs to be supplemented. For example, the decision makers and their supporters make a joint decision, however, it is not a one-to-one, but many-to-many way. Also, paternalism starts with all good intentional interventionist goodwill, but it should be assisted with awareness of it because it may interfere with its own thoughts and understanding.