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[Informed Consent: Something Unresolved in the Penitentiary Setting].
1Calle Fernando el Católico 18, 6 D. 12005 Castellón. garciaj@comcas.es.
Informed Consent (IC) for prisoners differs from the general population, with limitations applied only when life or health are critically threatened. This practice may infringe upon fundamental rights to physical integrity and common IC legislation.
Area of Science:
- Legal Medicine
- Bioethics
- Human Rights Law
Background:
- Informed Consent (IC) practices differ significantly within penitentiary settings compared to the general population.
- Prisoner rights regarding medical decisions are a complex ethical and legal issue.
Purpose of the Study:
- To analyze the legal framework and constitutional doctrine surrounding Informed Consent for prisoners.
- To examine judicial decisions concerning prisoners who refuse medical treatment.
Main Methods:
- Comprehensive review of Spanish legal regulations, including Ley 41/2002, the Oviedo Convention, and penitentiary laws (Ley 1/1979, Reglamento Penitenciario).
- Analysis of Constitutional Court Sentences (STC 120/1990, 137/1990, 11/1991, 37/2011) related to prisoner rights and medical treatment.
- Examination of judicial resolutions authorizing or denying forcible medical treatment for inmates.
Main Results:
- Spanish law generally upholds the right to IC for competent individuals, except when risks to third parties exist.
- Penitentiary law mandates the administration to protect prisoners' life and health.
- Constitutional doctrine and judicial resolutions permit forcible medical treatment, including feeding, when a prisoner's life or health is at stake, citing the preservation of life as a higher good.
Conclusions:
- Limitations on prisoners' Informed Consent are imposed in critical situations threatening life or health.
- These practices raise concerns about potential infringements on the fundamental right to physical integrity and established IC legislation.
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