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African Traditional Medicine: Autonomy and Informed Consent PDF

217 Pages·2014·2.169 MB·English
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Advancing Global Bioethics Volume 3 Series Editors Bert Gordijn Dublin City University Dublin Ireland Henk A.M.J. ten Have St. Vincent’s Health Centre Duquesne University Pittsburgh USA The book series Global Bioethics provides a forum for normative analysis of a vast range of important new issues in bioethics from a truly global perspective and with a cross-cultural approach. The issues covered by the series include among other things sponsorship of research and education, scientific misconduct and research integrity, exploitation of research participants in resource-poor settings, brain drain and migration of healthcare workers, organ trafficking and transplant tourism, indig- enous medicine, biodiversity, commodification of human tissue, benefit sharing, bio-industry and food, malnutrition and hunger, human rights, and climate change. More information about this series at http://www.springer.com/series/10420 Peter Ikechukwu Osuji African Traditional Medicine: Autonomy and Informed Consent 1 3 Peter Ikechukwu Osuji Center for Healthcare Ethics Duquesne University Pittsburgh Pennsylvania USA ISSN 2212-652X ISSN 2212-6538 (electronic) ISBN 978-3-319-05890-0 ISBN 978-3-319-05891-7 (eBook) DOI 10.1007/978-3-319-05891-7 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014940171 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply , even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) To my late parents Elizabeth and Leonard Osuji for their loving care, and to all practitioners of African traditional medicine and African bioethicists. v Peter Osuji. African Traditional Medicine: Autonomy and Informed Consent This fascinating study engages a challenging exploration of African traditional medicine interpreted in a manner that astutely coalesces with the western focus on autonomy and informed consent from a relational perspective. By providing an enlightening explanation of the community-focused culture that undergirds the interpersonal practice of African traditional medicine, the analysis constructively compares it with the widely respected discourse on ethics of care in bioethics. In addition to the rich tapestry in the normative analysis, the text presents practical guidance for healthcare ethics committees in African hospitals, integrating their practices with relational autonomy in informed consent that characterizes African traditional medicine. This carefully researched and clearly written book sheds much needed light on the emerging debate on global bioethics whereby traditional cul- tures can be illuminating and instructive for the development of healthcare in a worldwide context. Professor Gerard Magill, PhD, Vernon F. Gallagher Chair, Center for Healthcare Ethics, Duquesne University, Pittsburgh, USA vii Preface The Western liberal approach to informed consent defines autonomy as an inde- pendent choice or decision made by an individual as the final authority in medical decision-making. This approach is so dominant that one can fail to see the merits of other traditional and cultural perspectives. This book considers another approach to informed consent -that of communal culture of Africa, a process used in African tra- ditional medicine (ATM) wherein patients make medical decisions and give consent in consultation with the members of their community and the ATM doctor. Often, but not necessarily, the final consent rests on the consensus reached in consultation with the group rather than on that by the individual patient alone. I argue that the ATM form of consent constitutes legitimate informed consent based on the concept of relational autonomy, commonly called relational autonomy in informed consent (RAIC) in this book. To interpret and enlighten the signifi- cance of the ATM approach to RAIC, the analysis in this book examines the ethics of care movement in Western bioethics which also advocates a relational approach to informed consent. This movement presents a concept of persons as relational beings who are socially embedded, thereby interpreting patient autonomy in their relationships with others. This movement provides the hermeneutic to enlighten the significance of the ATM approach as a legitimate model of RAIC. By comparing ethics of care approach with that of ATM to RAIC, this book further provides a relational approach to informed consent in order to inform the restrictive emphasis on individual autonomy practiced in Western bioethics, all with a view towards fostering current discourse on global bioethics. This work also pro- vides an applied example of the contribution of ATM’s RAIC approach to ethics committees in Africa, focusing in particular, on the decision-making process for patient informed consent. This book is distinct insofar as it focuses on informed consent in ATM, employs ethics of care as a hermeneutic to interpret ATM, advocates integrated model of healthcare ethics committees in ATM. Because ATM forms a large portion of the healthcare systems in Africa, therefore, ATM and its practices should receive more attention in bioethics in the present global era. ix Acknowledgement First and foremost, I am also deeply indebted to Gerald Magill, PhD, Henk ten Have PhD, and Fr. E. Uzukwu, C.S.Sp., PhD who offered invaluable advice and helped to bring this work into being. To Margaret Mary Vojtko, R. N., who proofread the entire work right I remain forever thankful. I am also greatly indebted to Munyaradzi Felix Murove, PhD of South Africa. Even though we did not know each other, he took time to offer invaluable advice and encouragement when I contacted him at the beginning of this work. Thank you for your love for academics as well as your expression of solidarity. Finally, to Frs. S. Ogbonna C.S.Sp., Oliver Iwuchukwu C.S.Sp., and Ype de Jong, to Linda Donovan, and Sr. Mary Agatha Ozah, PhD, who offered invaluable suggestions and helped to look up references in various stages of the journey, I remain ever grateful. xi Contents 1 Introduction: Informed Consent in a Communal Culture ....................... 1 1.1 Dominant Cultural Perspectives of Informed Consent ......................... 2 1.2 Informed Consent in a Communal Culture ........................................... 3 1.3 Focusing on ATM .................................................................................. 4 1.4 Scope of the Study ................................................................................ 5 1.5 Focusing on Ethics of Care ................................................................... 6 1.6 Focusing on Ethics Committees ............................................................ 7 References ...................................................................................................... 7 2 Historical Context of the Western Bioethics Approach to Autonomy ..... 9 2.1 History and Origin of Informed Consent .............................................. 9 2.1.1 Legal Origin .............................................................................. 11 2.1.2 Bioethical Origin ....................................................................... 15 2.1.3 Reaction Against Paternalism ................................................... 17 2.2 A utonomy and Informed Consent ......................................................... 19 2.2.1 Meaning of Autonomy .............................................................. 19 2.2.2 Informed Consent and the Principle of Respect for Autonomy .... 21 2.2.3 Autonomy and Trust .................................................................. 27 2.3 The Concept of Person and Autonomy ................................................. 30 2.3.1 Individual Independence ........................................................... 34 2.3.2 Reason as Opposed to Emotion ................................................. 37 2.3.3 Individual Patient Rights ........................................................... 41 2.3.4 Individual Autonomy ................................................................ 43 2.3.5 Subjective Conception of the Good .......................................... 46 2.4 Summary ............................................................................................... 48 References ...................................................................................................... 49 3 Systematic Analysis of Ethics of Care ........................................................ 53 3.1 T he History and Origin of Ethics of Care ............................................. 53 3.1.1 Feminist Movement and Some Male Voices ............................. 54 3.1.2 Ethics of Care and Alternative Feminist Moral Theories .......... 56 xiii

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