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Support in Decision-Making for All

Published online by Cambridge University Press:  27 March 2026

Jasmine Gunkel
Affiliation:
Department of Philosophy, National Institutes of Health , United States Philosophy, University of Western Ontario , Canada
David Wasserman
Affiliation:
Department of Bioethics, National Institutes of Health , United States
Leslie Francis*
Affiliation:
Law and Philosophy, University of Utah , United States
*
Corresponding author: Leslie Francis; Email: francisl@law.utah.edu
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Abstract

In recent decades, theorists of disability rights have made the moral and legal case for supported decision-making. Whereas surrogate decision-making, the long upheld legal standard, looks to a third party to make a decision for a person deemed to lack the capacity to make that decision for themselves, support in decision-making empowers that person to make their own decisions. In this article, we argue for a significant shift in the norms governing enrollment in clinical trials. Rather than assume that support is only appropriate for individuals who cannot independently make sufficiently informed enrollment decisions, we propose “support in decision-making for all” when research protocols are beyond a certain risk threshold. Drawing inspiration from the universal design movement and feminist insights about autonomy, we argue that making support in decision-making the presumption has substantial expressive and practical benefits, and better empowers all potential research participants to make more informed, autonomous decisions.

Information

Type
Symposium Articles
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2026. Published by Cambridge University Press on behalf of American Society of Law, Medicine & Ethics