We'd appreciate your feedback. Send feedback Subscribe to our newsletters and alerts


Asian Journal of Ethics in Health and Medicine

2026 Volume 6 Issue 1

The Right to a Human Reason: Contestability in High-Stakes Clinical Decisions


, ,
  1. Department of Clinical Contestability and Human Reasoning, Faculty of Medicine, National Autonomous University of Mexico, Mexico City, Mexico.
  2. Department of High-Stakes Decision Ethics, Faculty of Medicine, Monterrey Institute of Technology, Monterrey, Mexico.
Abstract

High-stakes clinical decisions are increasingly shaped by algorithmic systems that may inform diagnosis, treatment, triage, discharge, risk classification, and access to scarce interventions. Ethical discussion has often emphasized notice, disclosure, transparency, and explanation. These protections are important but incomplete when an affected patient cannot ask why a consequential decision was made, obtain reconsideration by an empowered clinician, or secure revision when the decision cannot be adequately defended. This article develops a rights-based normative argument for a proposed right to a human reason. The right is not presented as an existing universal legal entitlement, nor does it presume that human judgment is inherently more accurate than artificial intelligence. Rather, it protects the patient’s standing as someone to whom consequential clinical decisions should be answerable. A human reason is defined as an intelligible, patient-directed justification that an appropriately competent and authorized human agent can assess, own, defend, revise, or withdraw. The article distinguishes explanation from justification and justification from contestability; proposes proportional triggers for the right; and specifies minimum procedural safeguards from notice through appeal. It also develops a risk-sensitive model for high-stakes decisions while recognizing emergency, resource, expertise, equity, and institutional constraints. The proposal remains normative and requires empirical testing of accessibility, burden, delay, error correction, reviewer independence, equity, and unintended effects before any implementation claim would be warranted.


How to cite this article
Vancouver
Mendoza R, Cruz I, Lopez C. The Right to a Human Reason: Contestability in High-Stakes Clinical Decisions. Asian J Ethics Health Med. 2026;6(1):144-52. https://doi.org/10.51847/iLMwibqSTd
APA
Mendoza, R., Cruz, I., & Lopez, C. (2026). The Right to a Human Reason: Contestability in High-Stakes Clinical Decisions. Asian Journal of Ethics in Health and Medicine, 6(1), 144-152. https://doi.org/10.51847/iLMwibqSTd
Articles
Smart Home Health Technologies and Elder Care: Mapping Ethical Issues Through a Systematic Review
Asian Journal of Ethics in Health and Medicine
Vol 2 Issue 1, 2022 | Ana Seselja Perisin
Human Rights and Bioethical Principles in Correctional Settings: A Systematic Review of the Evidence
Asian Journal of Ethics in Health and Medicine
Vol 4 Issue 1, 2024 | Delyse Leadbeatter
Building Trust in the Application of Machine Learning Algorithms for Rare Disease Diagnosis
Asian Journal of Ethics in Health and Medicine
Vol 3 Issue 1, 2023 | Lukas Lembo
The Ethics of Reversibility: Why High-Stakes Clinical Decisions Need Paths Back
Asian Journal of Ethics in Health and Medicine
Vol 6 Issue 1, 2026 | Wouter De Smet
The Right to a Human Reason: Contestability in High-Stakes Clinical Decisions
Asian Journal of Ethics in Health and Medicine
Vol 6 Issue 1, 2026 | Rafael Mendoza
Moral Residue After Algorithmic Advice
Asian Journal of Ethics in Health and Medicine
Vol 6 Issue 1, 2026 | Wei Zhang
From Informed Consent to Informed Dependence: Rethinking Autonomy in AI-Mediated Clinical Care
Asian Journal of Ethics in Health and Medicine
Vol 6 Issue 1, 2026 | Mikko Lahtinen

About SMER

Find out more