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Developing World Bioethics
Article . 2025 . Peer-reviewed
License: CC BY NC ND
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PubMed Central
Article . 2025
License: CC BY NC ND
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Informed Consent as a Human Right in the Inter‐American Human Rights System (IAHRS)

Authors: Diana Rocío Bernal‐Camargo; Ana Isabel Gómez–Córdoba;

Informed Consent as a Human Right in the Inter‐American Human Rights System (IAHRS)

Abstract

ABSTRACT Informed consent is presented as a fundamental right and principle in modern medical practice. It involves obtaining permission from a patient before any medical procedure, treatment, or research protocol. Although not explicitly recognized as a standalone right in international human rights instruments, informed consent in healthcare is considered a right derived from other rights, such as the rights to health and freedom. The jurisprudence of international human rights courts has permitted the reinterpretation of informed consent beyond just a bioethical principle. This article argues for the normative recognition of informed consent as a self‐standing human right, rather than simply a derivative right or an ethical guideline. It does this by analyzing related cases from the Inter‐American Court of Human Rights to demonstrate how its jurisprudence, though often linking informed consent to related rights like health, personal integrity, and self‐determination, supports an understanding of informed consent as a distinct and fundamental right. The source also mentions that its recognition as a right in fundamental laws, such as the Colombian Constitution, should be achieve through the application of these international standards or via the concept of emerging rights.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
hybrid