MAiD, Mental Disorders, and Vulnerability

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MAiD, Mental Disorders, and Vulnerability

What does it mean to be vulnerable? The concept of vulnerability is bandied about frequently in ongoing debates about MAiD and who should be eligible but is often used as a broad catch-all phrase to capture some sort of risk or concern that people have. This imprecise usage obfuscates the concerns that opponents to MAiD have about expansion to include those suffering from mental disorders as the sole underlying condition. Since what is intended to be captured by the term ‘vulnerable’ is at times unclear, attempts to respond to or mitigate this vulnerability can miss the mark. Arguments from vulnerability against expanding access to MAiD point out social and/or systemic factors that may influence the choices of people living with mental disorders to access MAiD, such as lack of access to adequate care, stigma and discrimination, suicidality, and the correlation between mental disorders and low socio-economic status. It appears then that the concern is that people living with mental disorders may be more likely to choose to access MAiD, and if their needs were better met, they would not. As such, everyone who suffers from mental disorders are considered vulnerable, since the sources of the perceived vulnerability are social and systemic. However, the common response to concerns about vulnerability, made by those who argue for expansion, focus on highlighting current safeguards that are in place to ensure only those that are eligible for MAiD gain access. Under this view, vulnerability is determined by assessing individuals for eligibility. Those who cannot meet the eligibility criteria, which includes being able to provide informed consent, are not permitted access. This takes the ‘vulnerable’ to be those who cannot provide informed consent. However, this entirely misses the concerns being raised that point to systemic or social sources of risk. What is being pointed out by those who wish to restrict access is unmet needs which would influence the decision to access MAiD. Ensuring that the individuals that access MAiD meet the criteria is to ignore the reasons for accessing MAiD in the first place. Until proponents of expanding MAiD address these social concerns when responding to arguments from vulnerability this debate will rage on, with the opposing factions continuing to talk past each other.

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