A relational approach to medical decision-making and best interests’ assessments; a solution to mitigate the influence of gendered stereotypes on the treatment of female patients

O'Connor, Dani 2023. A relational approach to medical decision-making and best interests’ assessments; a solution to mitigate the influence of gendered stereotypes on the treatment of female patients. PhD Thesis, Cardiff Univeristy. Item availability restricted.

Preview	PDF - Accepted Post-Print Version Download (1MB) | Preview
	PDF - Supplemental Material Restricted to Repository staff only Download (530kB)

Abstract

Does a person’s gender determine the course of their life and are women predisposed to less independence and greater struggle due to their biological construction? This thesis considers the concepts of autonomy, capacity and consent from a feminist perspective. The purpose of which is to assert that a need exists for a shift from an individual approach to autonomy to a relational one. Self-determination concerns a person’s ability to choose and control the course of their life. However, this thesis reveals that access to such an ability is often barricaded by gender-imposed constraints. Despite achievements in the last 100 years, which have included the right to vote and the right to equal pay, this research will indicate that women are still considered the lesser sex. For example, the chapter on feminism illustrates that women are likely to be poorer than men, with limited access to health resources and be the recipients of a lower standard of medical treatment. The result of these factors is that a woman’s right to autonomy is often damaged and consequently weakened. This broken sense of autonomy leads to a loss of independence which can have major ramifications for rulings of capacity and subsequent qualifications to consent. This weakened conception of a woman is situated within an extremely masculine environment. The courts and medical profession have traditionally been dominated by upper class males which has resulted in an unequal balance of power. Feminist theories seek to understand how power operates in society and the limits that are placed on our personal freedoms. Thus, a feminist perspective will be employed when reviewing literature and judicial decisions in order to analyse the effects of traditional masculinity on gender equality. The result of this analysis will prove that gender stereotypes impede on both the diagnosis and treatment of women’s health and that a move to a relational approach to autonomy is required to minimise the damage of gender stereotypes in terms of patient treatment and care.

Item Type:	Thesis (PhD)
Date Type:	Completion
Status:	Unpublished
Schools:	Law
Subjects:	K Law > K Law (General)
Uncontrolled Keywords:	Autonomy Relational Autonomy Gender Stereotypes Paternalism Capacity Best Interests Social Constructionism Feminism Gender Biological Construction Intersectionality Health Resources Power Patient Care Gender Equality Gender Equity
Date of First Compliant Deposit:	24 May 2024
Last Modified:	24 May 2024 10:08
URI:	https://orca.cardiff.ac.uk/id/eprint/169145

Actions (repository staff only)

Edit Item