This paper analyses recent calls for so called “neurorights”, suggested novel human rights whose adoption is allegedly required because of advances in neuroscience, exemplified by a proposal of the Neurorights Initiative. Advances in neuroscience and technology are indeed impressive and pose a range of challenges for the law, and some novel applications give grounds for human rights concerns. But whether addressing these concerns requires adopting novel human rights, and whether the proposed neurorights are suitable candidates, are a different matter. This (...) paper argues that the proposed rights, as individuals and a class, should not be adopted and lobbying on their behalf should stop. The proposal tends to promote rights inflationism, is tainted by neuroexceptionalism and neuroessentialism, and lacks grounding in relevant scholarship. None of the proposed individual rights passes quality criteria debated in the field. While understandable from a moral perspective, the proposal is fundamentally flawed from a legal perspective. Rather than conjuring up novel human rights, existing rights should be further developed in face of changing societal circumstances and technological possibilities. (shrink)

There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are considered (...) differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

Previous studies on corporate social responsibility (CSR) communication suggest that firms’ social initiatives should be communicated through third-party, non-corporate sources because they are perceived as unbiased and therefore reduce consumer skepticism. In this article, we extend existing research by showing that source effects in the communication of social sponsorships are contingent on the brand’s pre-existing reputation. We argue that the congruence between the credibility and trustworthiness of the message source and the brand helps predict consumer responses to a social sponsorship. (...) The results show that a non-corporate source (publicity) generates more positive brand evaluations than a corporate source (advertising) when the sponsor has a positive reputation. However, the converse effect occurs when brand reputation is low: when the sponsor has a poor reputation, a corporate source generates more positive brand evaluations than a non-corporate source. Mediation analyses show that the interaction effect between CSR information source and brand reputation can be explained by sponsorship attitude, persuasion knowledge, and perceived fit between the brand and the cause. (shrink)

International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...) considerations and desiderata for recognition by a future instrument. They are formulated at different levels of abstraction, from the big picture to technical details, seek to widen the perspective of preparatory reports and transcend the narrow debate about “neurorights” which overshadows many richer and more relevant aspects. These desiderata are not an exhaustive enumeration but a starting point for discussions about what deserves and what requires protection by an international instrument. (shrink)

This study explores the amount of control patients have versus the amount of control physicians have in making decisions regarding what course will be taken in the face of disease. This includes decisions about aggressive treatment, alternatives to aggressive treatment, hospice care, and possibly physician‐assisted death, if that is an option. The findings of this research conclude that there are many levels of control for physicians and patients, and that in certain cases patients may have limited control and in other (...) circumstances patients are entirely in control over their healthcare decisions. The personalities and education levels of both the physicians and the patients determine what kinds of options and control a patient will have. (shrink)

This paper explores and ultimately affirms the surprising claim that artificial intelligence (AI) can become part of the person, in a robust sense, and examines three ethical and legal implications. The argument is based on a rich, legally inspired conception of persons as free and independent rightholders and objects of heightened protection, but it is construed so broadly that it should also apply to mainstream philosophical conceptions of personhood. The claim is exemplified by a specific technology, devices that connect human (...) brains with computers and operate by AI-algorithms. Under philosophically reasonable and empirically realistic conditions, these devices and the AI running them become parts of the person, in the same way as arms, hearts, or mental capacities are. This transformation shall be called empersonification. It has normative and especially legal consequences because people have broader and stronger duties regarding other persons (and parts of them) than regarding things. Three consequences with practical implications are: (i) AI-devices cease to exist as independent legal entities and come to enjoy the special legal protection of persons; (ii) therefore, third parties such as manufacturers or authors of software lose (intellectual) property rights in device and software; (iii) persons become responsible for the outputs of the empersonified AI-devices to the same degree that they are for desires or intentions arising from the depths of their unconscious. More generally, empersonification marks a new step in the long history of human–machine interaction that deserves critical ethical reflection and calls for a stronger value-aligned development of these technologies. (shrink)

Sustainable products offered in today’s marketplace are labelled with product-related green attributes or non-product-related green attributes. The current research investigates consumers’ inferences about a product’s functional quality when its core attributes are green and when its peripheral attributes are green. Four experimental studies and an internal meta-analysis show that there is a sustainability liability effect in strength-dependent categories, and a sustainability asset effect in gentleness-dependent categories. Our research contributes to the current understanding of how consumers make inferences about product quality (...) when contemplating different types of green attributes. The findings have implications for how strength-dependent and gentleness-dependent products should be labelled as green. (shrink)

This paper explores and ultimately affirms the surprising claim that artificial intelligence (AI) can become part of the person, in a robust sense, and examines three ethical and legal implications. The argument is based on a rich, legally inspired conception of persons as free and independent rightholders and objects of heightened protection, but it is construed so broadly that it should also apply to mainstream philosophical conceptions of personhood. The claim is exemplified by a specific technology, devices that connect human (...) brains with computers and operate by AI-algorithms. Under philosophically reasonable and empirically realistic conditions, these devices and the AI running them become parts of the person, in the same way as arms, hearts, or mental capacities are. This transformation shall be called empersonification. It has normative and especially legal consequences because people have broader and stronger duties regarding other persons (and parts of them) than regarding things. Three consequences with practical implications are: (i) AI-devices cease to exist as independent legal entities and come to enjoy the special legal protection of persons; (ii) therefore, third parties such as manufacturers or authors of software lose (intellectual) property rights in device and software; (iii) persons become responsible for the outputs of the empersonified AI-devices to the same degree that they are for desires or intentions arising from the depths of their unconscious. More generally, empersonification marks a new step in the long history of human–machine interaction that deserves critical ethical reflection and calls for a stronger value-aligned development of these technologies. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

The paper investigates semantic properties of expressions that suggest the possibility that emotions are shared. An example is the saying that a sorrow shared is a sorrow halved. I assume that such expressions on sharing an emotion refer to a specific mode of subjective experience, displayed in first person attributions of the form 'We share E'. Subjective attributions of this form are intrinsically ambiguous on all levels of their semantic elements: 'emotion', 'sharing' and 'We'. One question the paper seeks to (...) answer is whether and in what respect these semantic ambiguities mirror an indeterminacy of emotional experience. Discussing 'aggregate sharing' in distinction of mere 'distributive sharing' , I argue that there is no sufficient criterion to determine which mode of sharing an emotional experience shaped as 'We feel E' displays. Disambiguation of this intrinsic indeterminacy must recur to situational parameters of individuals' de re relatedness. (shrink)

ABSTRACT There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are (...) considered differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

This study builds on previous research combining achievement goal orientation from Achievement Goal Theory and motivational regulation from Self-Determination Theory. The aim was to assess the combination of the "what" and "why" of youth sport activity, and how it relates to the need for competence and self-esteem. Achievement goal orientation, specifically task and ego, was employed to represent the "what", whilst intrinsic and external regulation reflected the "why". Based on a sample of 496 youth sports participants, structural equation modeling with (...) a bootstrapping procedure was used to examine whether the indirect relationship between achievement goal orientation and self-esteem was conditional to motivational regulation. The results show partial support for the conditional process models. Specifically, task orientation was indirectly linked with self-esteem through competence need, and the relationship was stronger with higher levels of intrinsic regulation for sport. Furthermore, ego orientation was negatively associated with self-esteem through a positive relationship with competence frustration. However, this relationship emerged only for those higher in intrinsic regulation. External regulation did not emerge as a moderator, but presented a positive relationship with competence frustration. Findings are discussed in light of both Achievement Goal Theory and Self-Determination Theory, and underline the importance of considering both the "what" and "why" when attempting to understand motivation in youth sport. (shrink)

Promotion of pro-social attitudes and moral behaviour is a crucial and challenging task for social orders. As traditional ways such as moral education have some, but apparently and unfortunately only limited effect, some authors have suggested employing biomedical means such as pharmaceuticals or electrical stimulation of the brain to alter individual psychologies in a more direct way — moral bioenhancement. One of the salient questions in the nascent ethical debate concerns the impact of such interventions on human freedom. Advocates argue (...) that moral bioenhancements do not pose a serious threat to freedom. This contention, however, is based on an overly narrow, if not impoverished, sense of freedom, which comprises only freedom of action and freedom of will. Mind-altering interventions primarily affect another sense of freedom: freedom of mind, a concept that has not received much attention although it should rank among the most important legal and political freedoms. The article introduces three senses of mental freedom potentially infringed upon by moral bioenhancement and places it in a broader perspective. Ignorance of mental freedom has far-ranging consequences for the shape of the political and legal order at large. As many advocates are apparently not aware of the freedoms they seek to undermine, their calls for moral enhancement programmes are dangerously premature. (shrink)

Connecting human minds to various technological devices and applications through brain-computer interfaces (BCIs) affords intriguingly novel ways for humans to engage and interact with the world. Not only do BCIs play an important role in restorative medicine, they are also increasingly used outside of medical or therapeutic contexts (e.g., gaming or mental state monitoring). A striking peculiarity of BCI technology is that the kind of actions it enables seems to differ from paradigmatic human actions, because, effects in the world are (...) brought about by devices such as robotic arms, prosthesis, or other machines, and their execution runs through a computer directed by brain signals. In contrast to usual forms of action, the sequence does not need to involve bodily or muscle movements at all. A motionless body, the epitome of inaction, might be acting. How do theories of action relate to such BCI-mediated forms of changing the world? We wish to explore this question through the lenses of three perspectives on agency: subjective experience of agency, philosophical action theory, and legal concepts of action. Our analysis pursues three aims: First, we shall discuss whether and which BCI-mediated events qualify as actions, according to the main concepts of action in philosophy and law. Secondly, en passant, we wish to highlight the ten most interesting novelties or peculiarities of BCI-mediated movements. Thirdly, we seek to explore whether these novel forms of movement may have consequences for concepts of agency. More concretely, we think that convincing assessments of BCI-movements require more fine-grained accounts of agency and a distinction between various forms of control during movements. In addition, we show that the disembodied nature of BCI-mediated events causes troubles for the standard legal account of actions as bodily movements. In an exchange with views from philosophy, we wish to propose that the law ought to reform its concept of action to include some, but not all, BCI-mediated events and sketch some of the wider implications this may have, especially for the venerable legal idea of the right to freedom of thought. In this regard, BCIs are an example of the way in which technological access to yet largely sealed-off domains of the person may necessitate adjusting normative boundaries between the personal and the social sphere. (shrink)

What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing democratic (...) legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...) context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (shrink)

People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of (...) real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. (shrink)

Freedom of thought is a fundamental human right, enshrined in many human rights treaties. It might very well be the only human right without any practical application. The paper reconstructs scope and meaning of this forgotten right and proposes four principles for its interpretation. In the age of neuroscientific insights and interventions into mind and brain that afford to alter thoughts, the time for the law to define freedom of thought in a way that lives up to its theoretical significance (...) has come. (shrink)

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...) context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes. (shrink)

The paper critically engages with some of the normative arguments in Julian Savulescu and Ingmar Persson’s book Unfit for the Future. In particular, it scrutinizes the authors’ argument in denial of a moral right to privacy as well as their political proposal to alter humankind’s moral psychology in order to avert climate change, terrorism and to redress global injustice.

Prototyping is not a new approach to computer-based information system development. It is just one technique among many used in system design. What might be new is for what purpose prototyping is used. The purpose could be to achieve a more user controlled system development and to give the future users a tool that will enable them to fully participate in not only the work with requirements specifications, but also in the actual systems design and organisational change. This paper describes (...) a working model of an approach-the PROTEVS model-in which it is recommended that the future system users design their own prototype systems. The prototypes may act as both requirements specifications and solutions for actual change. This alternative approach aims to offer a basis for new ways of action for future users as participants in the design, evaluation, and change of a workplace. A suitable environment for the approach to act within is also described—a local design shop. (shrink)

What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing democratic (...) legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)

Open Peer Commentary, referring to "Neuroethics at 15: The Current and Future Environment for Neuroethics".

I join Gerben Meynen’s call for an ethical assessment of mind-reading technology by enlarging on four points he raises. First, I suggest distinguishing between neural and mental data, apprehending...

Collaboration in the arts is no longer a conscious choice to make a deliberate artistic statement, but instead a necessity of artistic survival. In today’s hybrid world of virtual mobility, collaboration decentralizes creative strategies, enabling artists to carve new territories and maintain practice-based autonomy in an increasingly commercial and saturated art world. Collaboration now transforms not only artistic practices but also the development of cultural institutions, communities and personal lifestyles. This book explores why collaboration has become so integrated into a (...) greater understanding of creative artistic practice. It draws on an emerging generation of contributors—from the arts, art history, sociology, political science, and philosophy—to engage directly with the diverse and interdisciplinary nature of collaborative practice of the future. (shrink)

Synthetic genomics is a new field of research in which small DNA pieces are assembled in a series of steps into whole genomes. The highly reduced genomes of host‐associated bacteria are now being used as models for de novo synthesis of small genomes in the laboratory. Bacteria with the smallest genomes identified in nature provide nutrients to their hosts, such as amino acids, co‐factors and vitamins. Comparative genomics of these bacteria enables predictions to be made about the gene sets required (...) for core cellular functions and the associated metabolic network for the biosynthesis of host‐selected compounds. Synthetic biology may ultimately enable researchers to make customized cell‐specific organelles for the production and delivery of drugs to humans and domestic animals. Synthetic genomics may also become the method of choice for functional analyses of genes and genomes from bacteria that cannot be cultivated in the laboratory. (shrink)

In order to reach a more comprehensive understanding of the dynamics in violent situations in institutional care for elderly people the aim of this study was to explore involved parties’ positions, and to illuminate forces and moves related to these positions. One involved care provider's narrative was analysed using narrative analysis and positioning theory. In the narrative the involved parties’ positions were fluid and often overlapping, and not exclusively as victim or perpetrator. Across the narrative the narrator altered the involved (...) parties’ positions by using available discourses. We understand that the altered positions were a salient way for the care provider to make sense of her experiences. By reading the care provider's narrative we further understand that she was much more than just a perpetrator, which was the origin for her narrative. This study led us to two assumptions important for implications in nursing practice. First, it is of significance how we position ourselves and others in narratives and conversations. Second, there is a difference between being categorised in advance and getting the opportunity to narrate one's own story. (shrink)

The controversy over moral bioenhancement has fallen into a stalemate between advocates and critics. We wish to overcome this stalemate by addressing some of the key challenges any moral enhancement project has to meet. In particular, we shall argue that current proposals are unpersuasive as they, first, fail to diagnose the often complex causes of contemporary moral maladies and, second, are premised on methodological individualism. Focusing on brains and minds neglects social and environmental factors. Solving the mega-problems of today very (...) likely requires more than transforming individual brains, it requires structural and higher-level changes. By itself, moral bioenhancement is thus insufficient for solving these problems. Moreover, we outline some of the yet unresolved problems of legitimacy a mandatory state-run bioenhancement project faces and show why they cannot be defused through analogies with moral education. Finally, normatively less worrisome means of enhancing morality, such as psychotherapies affording self-exploration, are already available. Moral bioenhancement may thus not even be necessary for solving today’s mega problems. The overemphasis on speculative future technological fixes may cloud the view on possibilities to tackle pressing problems instantly. (shrink)

The target article by Birks and Buyx (2018) contributes to an (as yet) strikingly undifferentiated debate on the coercive use of neurointerventions or neurocorrectives for rehabilitative purposes i...

ZusammenfassungDer Beitrag arbeitet ein Problem der psychotherapeutischen Praxis – den Konflikt zwischen konfrontativer Traumatherapie und Strafverfahren – und das daraus resultierende traumatherapeutische Dilemma unter rechtlichen und therapeutischen Gesichtspunkten auf und skizziert einen Vorschlag, wie es in vielen Fällen gelindert werden kann. Das Dilemma erwächst aus dem Umstand, dass Traumatherapie die Glaubhaftigkeit von Zeugenaussagen unterminiert, da es ihre Bestätigung durch die Aussageanalyse aus methodischen Gründen verunmöglicht. Zur Umgehung dieses Problems wird vorgeschlagen, die traumatherapeutischen Behandlungsmethoden so weiterzuentwickeln, dass sie es ermöglichen, Aussagen (...) von Patienten innerhalb der Therapie, aber außerhalb der Justiz zu dokumentieren. Im besten Fall ist dies als Vorstufe zu konfrontativen Therapieabschnitten in die Manuale einzubetten. Als Form wird die Entwicklung einer die Aussage strukturierenden Software vorgeschlagen. Zudem sollten Patienten über nachteilige Auswirkungen von Traumatherapien auf Glaubhaftigkeitsbegutachtungen aufgeklärt werden. Im Zusammenspiel mit in Gesetz und Judikatur bereits angelegten, aber praktisch nicht immer wirksamen Verbesserungen für traumatisierte Zeugen ließe sich die Situation Betroffener in vielen Fällen spürbar verbessern. (shrink)

Der Beitrag arbeitet ein Problem der psychotherapeutischen Praxis – den Konflikt zwischen konfrontativer Traumatherapie und Strafverfahren – und das daraus resultierende traumatherapeutische Dilemma unter rechtlichen und therapeutischen Gesichtspunkten auf und skizziert einen Vorschlag, wie es in vielen Fällen gelindert werden kann. Das Dilemma erwächst aus dem Umstand, dass Traumatherapie die Glaubhaftigkeit von Zeugenaussagen unterminiert, da es ihre Bestätigung durch die Aussageanalyse aus methodischen Gründen verunmöglicht. Zur Umgehung dieses Problems wird vorgeschlagen, die traumatherapeutischen Behandlungsmethoden so weiterzuentwickeln, dass sie es ermöglichen, Aussagen (...) von Patienten innerhalb der Therapie, aber außerhalb der Justiz zu dokumentieren. Im besten Fall ist dies als Vorstufe zu konfrontativen Therapieabschnitten in die Manuale einzubetten. Als Form wird die Entwicklung einer die Aussage strukturierenden Software vorgeschlagen. Zudem sollten Patienten über nachteilige Auswirkungen von Traumatherapien auf Glaubhaftigkeitsbegutachtungen aufgeklärt werden. Im Zusammenspiel mit in Gesetz und Judikatur bereits angelegten, aber praktisch nicht immer wirksamen Verbesserungen für traumatisierte Zeugen ließe sich die Situation Betroffener in vielen Fällen spürbar verbessern. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, setting the stage for (...) further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)