The paper examines the ethical and legal challenges of making decisions for previously competent patients and the role of advance directives and legal representatives in light of the Oviedo Convention. The paper identifies gaps in the Convention that result in conflicting instructions in cases of a disagreement between the expressed prior wishes of a patient, and the legal representative. The authors also examine the legal and moral status of informally expressed prior wishes of patients unable to consent. The authors argue (...) that positivist legal reasoning is insufficient for a consistent interpretation of the relevant provisions of the Convention and argue that ethical argumentation is needed to provide guidance in such cases. Based on the ethical arguments, the authors propose a way of reconciling the apparent inconsistencies in the Oviedo Convention. They advance a culturally sensitive approach to the application of the Convention at the national level. This approach understands autonomy as a broader, relational consent and emphasizes the social and cultural embeddedness of the individual. Based on their approach, the authors argue that there exists a moral obligation to respect the prior wishes of the patient even in countries without advance directives. Yet it should be left to the national legislations to determine the extent of this obligation and its concrete forms. (shrink)

The possibility of a human head transplant poses unprecedented philosophical and neuroethical questions. Principal among them are the personal identity of the resultant individual, her metaphysical and social status: Who will she be and how should the “new” person be treated - morally, legally and socially - given that she incorporates characteristics of two distinct, previously unrelated individuals, and possess both old and new physical, psychological, and social experiences that would not have been available without the transplant? We contend that (...) this situation challenges linguistic conventions and conceptual binaries, and calls into question the major philosophical approaches to personal identity: animalism and reductionism. We examine these views critically vis-a-vis head transplantation and conclude that they fail to provide an adequate account of the identity of the resultant individual because both neglect the key role of embodiment for personal identity. We maintain that embodiment is central to personal identity and a radical alteration of the body will also radically alter that person, making her a different person. Consequently, a human head transplant will result in an individual partly continuous with the head/brain, and partly continuous with the body donor. We conclude that the resultant person would be different from both the individual whose head was transplanted and the one to whose body the “new” head is attached. (shrink)

This report presents a comprehensive set of recommendations for protection of human beings who are trafficked for the purpose of organ removal or are targeted for such trafficking. Developed by an interdisciplinary group of international experts under the auspices of the project Trafficking in Human Beings for the Purpose of Organ Removal, these recommendations are grounded in the view that an individual who parts with an organ for money within an illegal scheme is ipso facto a victim and that the (...) crime of trafficking in human beings for the purpose of organ removal intersects with the crime of trafficking in organs. Consequently, the protection of victims should be a priority for all actors involved in antitrafficking activities: those combating organ-related crimes, such as health organizations and survivor support services, and those combating trafficking in human beings, such as the criminal justice sectors. Taking into account the special characteristics of THBOR, the authors identify 5 key stakeholders in the protection of human beings trafficked for organ removal or targeted for such trafficking: states, law enforcement agencies and judiciary, nongovernmental organizations working in the areas of human rights and antitrafficking, transplant centers and health professionals involved in transplant medicine, and oversight bodies. For each stakeholder, the authors identify key areas of concern and concrete measures to identify and protect the victims of THBOR. The aim of the recommendations is to contribute to the development of a nonlegislative response to THBOR, to promote the exchange of knowledge and best practices in the area of victim protection, and to facilitate the development of a policy-driven action plan for the protection of THBOR victims in the European Union and worldwide. (shrink)

The paper examines the ethical and legal challenges of making decisions for previously competent patients and the role of advance directives and legal representatives in light of the Oviedo Convention. The paper identifies gaps in the Convention that result in conflicting instructions in cases of a disagreement between the expressed prior wishes of a patient, and the legal representative. The authors also examine the legal and moral status of informally expressed prior wishes of patients unable to consent. The authors argue (...) that positivist legal reasoning is insufficient for a consistent interpretation of the relevant provisions of the Convention and argue that ethical argumentation is needed to provide guidance in such cases. Based on the ethical arguments, the authors propose a way of reconciling the apparent inconsistencies in the Oviedo Convention. They advance a culturally sensitive approach to the application of the Convention at the national level. This approach understands autonomy as a broader, relational consent and emphasizes the social and cultural embeddedness of the individual. Based on their approach, the authors argue that there exists a moral obligation to respect the prior wishes of the patient even in countries without advance directives. Yet it should be left to the national legislations to determine the extent of this obligation and its concrete forms. (shrink)

Thus far, the moral debateconcerning genetically modified foods (GMF) hasfocused on extrinsic consequentialist questionsabout the health effects, environmental impacts,and economic benefits of such foods. Thisextrinsic approach to the morality of GMF isdependent on unsubstantiated empirical claimsand fails to account for the intrinsic moralvalue of food and food choice and theirconnection to the agent's concept of the goodlife. I develop a set of objections to GMFgrounded in the concept of integrity andmaintain that food and food choice can beintimately connected to the (...) agent's personalintegrity. I argue that due to the constitutionof GMF and the manner in which they areproduced, such foods are incompatible with thefundamental values and integrity of certainindividual moral agents or groups. I identifythree types of integrity that are threatened byGMF: religious, consumer, and integrity basedon certain other moral or metaphysical grounds.I maintain that these types of integrity aresufficiently important to provide justificationfor political and societal actions to protectthe interests of those affected. I conclude byproposing specific steps for handling GMFconsistent with the moral principles ofinformed consent, non-maleficence, and respectfor the integrity of all members of society.They include mandatory labeling of GMF, theimplementation of a system for control andregulations concerning such foods, andguaranteed provision of conventional foods. (shrink)

This article reviews the qualitative changes that big data technology introduced to society, particularly changes that affect how individuals control the access, use and retention of their personal data. In particular interest is whether the practice of privacy self-management in this new context could still ensure the informed consent of individuals to the privacy terms of big data companies. It is concluded that that accepting big data companies’ privacy policies falls short of the disclosure and understanding requirements for informed consent. (...) The article argues that the practice of privacy self-management could remain viable if the review, understanding and acceptance of privacy agreements is streamlined, standardized and automated. Technology should be employed to counter the privacy problems created by big data technology. The creation of the privacy exchange authorities is proposed as a solution to the failures of privacy self-management. The PEA are intermediaries that empower individuals to define their own privacy terms and express informed consent in their dealings with data companies. They will create the technological infrastructure for individuals to select their own privacy terms from a list of standard choices, potentially only once. The PEA will further mediate the delivery and authentication of the individual users’ privacy terms to data companies. A logical proof of concept is offered, illustrating the potential steps involved in the creation of the PEA. (shrink)

Philosophers and geographers have converged on the topic of public space, fascinated and in many ways alarmed by fundamental changes in the way post-industrial societies produce space for public use, and in the way citizens of these same societies perceive and constitute themselves as a public. This volume advances this inquiry, making extensive use of political and social theory, while drawing intimate connections between political principles, social processes, and the commonplaces of our everyday environments.