Jenny Krutzinna | University of Bergen (original) (raw)
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Papers by Jenny Krutzinna
European Journal of Comparative Law and Governance , 2019
How accountable are decisions about terminating parental rights to ensure an adoption from care? ... more How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned –
such as parents, child; b) the general public that authorized the politicians and the government to make legislation; and c) the elected government, i.e. the legislators and the system that have granted the court, court-like or administrative body the authority to make these decisions. Our data material consists of national legislation, organizational guidelines (courts, child protection, or supervisory agencies), statistics and expert knowledge. The conclusions of our analysis are discouraging. There is only limited accountability for one of the most intrusive interventions by a state into the private lives of individuals. There is a lack of information about the proceedings as well as a lack of transparency. We identify systems that, with few exceptions, operate in isolation, with only a few outsiders having access or knowledge about what is going on. We cannot in this study say anything about the decision-making quality in these proceedings, they may be excellent, but the problem is that very few external actors are in a position to examine the quality of the decisions. This missing connection between the wider democratic society and this part of the legal systems in the eight democracies we studied is of huge concern, and we have indications that the situation is equally concerning in other European states.
BMJ, 2019
To maximise the clinical benefits of machine learning algorithms, we need to rethink our approach... more To maximise the clinical benefits of machine learning algorithms, we need to rethink our approach to explanation.
Law, Innovation and Technology, 2018
Although the employment situation of disabled people has widely been identified as in need of imp... more Although the employment situation of disabled people has widely been identified as in need of improvement, progress in this area remains slow. While some progress has been made in including the physically or sensory disabled in the workplace, other types of disability have been largely neglected. This applies particularly to disabled workers in atypical employment, such as those whose workplace is the Digital Economy. In this article, we discuss the case of disabled app developers as a significant example of how the current regulatory framework fails to be inclusive in its attempts to protect the rights of disabled Digital Economy workers. We identify two problems that are at the heart of this: first, a continuing failure to collect relevant and comprehensive data on disability, and second, a lack of accountability towards disabled workers in atypical employment. Consequently, we call for better data collection and argue for urgent policy changes to close the existing accountability gap.
In this article, we argue that personal medical data should be made available for scientific rese... more In this article, we argue that personal medical data should be made available for scientific research, by enabling and encouraging patients to donate their medical records once deceased, in a way similar to how they can already donate organs or bodies. This research is part of a project on posthumous medical data donation (PMDD) developed by the Digital Ethics Lab at the Oxford Internet Institute, University of Oxford, and funded by Microsoft. We provide ten arguments to support the need to foster posthumous medical data donation. We also identify two major risks—harm to others, and lack of control over the use of data—which could follow from unregulated donation of medical data. We reject the argument that record-based medical research should proceed without the need to ask for informed consent, and argue for a voluntary and participatory approach to using personal medical data. Our analysis concludes by stressing the need to develop an ethical code for data donation to minimise the risks providing five foundational principles for ethical medical data donation; and suggesting a draft for such a code.
Discussions about the ethical permissibility of pediatric cognitive enhancement frequently revolv... more Discussions about the ethical permissibility of pediatric cognitive enhancement frequently revolve around arguments about welfare, and often include an appeal to the child’s right to an open future. Both proponents and opponents of cognitive enhancement claim that their respective positions best serve the interests of the child by promoting an open future. This article argues that this right to an open future argument only captures some of the risks to the welfare of children, therefore requiring a broader ethical approach. Further, it suggests that a thorough moral assessment of the ends pursued is needed before concluding on the moral permissibility of cognitive enhancement in children, which ultimately hinges on the effect on the overall welfare of the child, beyond an open future.
Despite the welfare of the child being afforded special legal and moral importance, it appears th... more Despite the welfare of the child being afforded special legal and moral importance, it appears that the law is currently not objective in its application to children. There is an undeniable link between healthy child development and education, with the latter greatly impacting on mental health and general well-being. Drawing on the example of the differential treatment of gifted children in an educational context, I argue that the legal framework with regard to learning disabilities and cognitive impairments operates contrary to the proclaimed goal of protecting and promoting the welfare of the child. This, I argue, constitutes unjustified discrimination, especially since there is a case to be made that highly cognitively able children could be considered disabled under a social model of disability. Whilst the group of affected children is small at present, developments in cognitive enhancement technologies mean that many more children might in the future be affected. Since the law currently fails gifted children, it will by analogy also likely fail cognitively enhanced children.
The desire to self-improve is probably as old as humanity: most of us want to be smarter, more at... more The desire to self-improve is probably as old as humanity: most of us want to be smarter, more athletic, more beautiful, or more talented. However, in the light of an ever increasing array of possibilities to enhance our capacities, clarity about the purpose and goal of such efforts becomes crucial. This is especially true when decisions are made for children, who are exposed to their parents’ plans and desires for them under a notion of increasing wellbeing. In recent years, cognitive enhancement has become a popular candidate for the promotion of wellbeing; welfarists even impose a moral duty on parents to cognitively enhance their children for the sake of their wellbeing. In this article, I aim to show that welfarists are mistaken in inferring such a moral obligation from the potential benefit of cognitive enhancement. In support of this, I offer three arguments: (a) the vagueness of wellbeing as a theoretical concept means it becomes impossible to apply in practice; (b) the link between cognition and wellbeing is far from unequivocal; and (c) quantification issues with regard to cognition make a duty impossible to discharge. In conclusion, I reject the welfarist approach as a justification for a parental moral obligation to cognitively enhance children.
European Journal of Comparative Law and Governance , 2019
How accountable are decisions about terminating parental rights to ensure an adoption from care? ... more How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned –
such as parents, child; b) the general public that authorized the politicians and the government to make legislation; and c) the elected government, i.e. the legislators and the system that have granted the court, court-like or administrative body the authority to make these decisions. Our data material consists of national legislation, organizational guidelines (courts, child protection, or supervisory agencies), statistics and expert knowledge. The conclusions of our analysis are discouraging. There is only limited accountability for one of the most intrusive interventions by a state into the private lives of individuals. There is a lack of information about the proceedings as well as a lack of transparency. We identify systems that, with few exceptions, operate in isolation, with only a few outsiders having access or knowledge about what is going on. We cannot in this study say anything about the decision-making quality in these proceedings, they may be excellent, but the problem is that very few external actors are in a position to examine the quality of the decisions. This missing connection between the wider democratic society and this part of the legal systems in the eight democracies we studied is of huge concern, and we have indications that the situation is equally concerning in other European states.
BMJ, 2019
To maximise the clinical benefits of machine learning algorithms, we need to rethink our approach... more To maximise the clinical benefits of machine learning algorithms, we need to rethink our approach to explanation.
Law, Innovation and Technology, 2018
Although the employment situation of disabled people has widely been identified as in need of imp... more Although the employment situation of disabled people has widely been identified as in need of improvement, progress in this area remains slow. While some progress has been made in including the physically or sensory disabled in the workplace, other types of disability have been largely neglected. This applies particularly to disabled workers in atypical employment, such as those whose workplace is the Digital Economy. In this article, we discuss the case of disabled app developers as a significant example of how the current regulatory framework fails to be inclusive in its attempts to protect the rights of disabled Digital Economy workers. We identify two problems that are at the heart of this: first, a continuing failure to collect relevant and comprehensive data on disability, and second, a lack of accountability towards disabled workers in atypical employment. Consequently, we call for better data collection and argue for urgent policy changes to close the existing accountability gap.
In this article, we argue that personal medical data should be made available for scientific rese... more In this article, we argue that personal medical data should be made available for scientific research, by enabling and encouraging patients to donate their medical records once deceased, in a way similar to how they can already donate organs or bodies. This research is part of a project on posthumous medical data donation (PMDD) developed by the Digital Ethics Lab at the Oxford Internet Institute, University of Oxford, and funded by Microsoft. We provide ten arguments to support the need to foster posthumous medical data donation. We also identify two major risks—harm to others, and lack of control over the use of data—which could follow from unregulated donation of medical data. We reject the argument that record-based medical research should proceed without the need to ask for informed consent, and argue for a voluntary and participatory approach to using personal medical data. Our analysis concludes by stressing the need to develop an ethical code for data donation to minimise the risks providing five foundational principles for ethical medical data donation; and suggesting a draft for such a code.
Discussions about the ethical permissibility of pediatric cognitive enhancement frequently revolv... more Discussions about the ethical permissibility of pediatric cognitive enhancement frequently revolve around arguments about welfare, and often include an appeal to the child’s right to an open future. Both proponents and opponents of cognitive enhancement claim that their respective positions best serve the interests of the child by promoting an open future. This article argues that this right to an open future argument only captures some of the risks to the welfare of children, therefore requiring a broader ethical approach. Further, it suggests that a thorough moral assessment of the ends pursued is needed before concluding on the moral permissibility of cognitive enhancement in children, which ultimately hinges on the effect on the overall welfare of the child, beyond an open future.
Despite the welfare of the child being afforded special legal and moral importance, it appears th... more Despite the welfare of the child being afforded special legal and moral importance, it appears that the law is currently not objective in its application to children. There is an undeniable link between healthy child development and education, with the latter greatly impacting on mental health and general well-being. Drawing on the example of the differential treatment of gifted children in an educational context, I argue that the legal framework with regard to learning disabilities and cognitive impairments operates contrary to the proclaimed goal of protecting and promoting the welfare of the child. This, I argue, constitutes unjustified discrimination, especially since there is a case to be made that highly cognitively able children could be considered disabled under a social model of disability. Whilst the group of affected children is small at present, developments in cognitive enhancement technologies mean that many more children might in the future be affected. Since the law currently fails gifted children, it will by analogy also likely fail cognitively enhanced children.
The desire to self-improve is probably as old as humanity: most of us want to be smarter, more at... more The desire to self-improve is probably as old as humanity: most of us want to be smarter, more athletic, more beautiful, or more talented. However, in the light of an ever increasing array of possibilities to enhance our capacities, clarity about the purpose and goal of such efforts becomes crucial. This is especially true when decisions are made for children, who are exposed to their parents’ plans and desires for them under a notion of increasing wellbeing. In recent years, cognitive enhancement has become a popular candidate for the promotion of wellbeing; welfarists even impose a moral duty on parents to cognitively enhance their children for the sake of their wellbeing. In this article, I aim to show that welfarists are mistaken in inferring such a moral obligation from the potential benefit of cognitive enhancement. In support of this, I offer three arguments: (a) the vagueness of wellbeing as a theoretical concept means it becomes impossible to apply in practice; (b) the link between cognition and wellbeing is far from unequivocal; and (c) quantification issues with regard to cognition make a duty impossible to discharge. In conclusion, I reject the welfarist approach as a justification for a parental moral obligation to cognitively enhance children.