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

Area of Science:

• Bioethics
• Human Rights Law
• Medical Law

Background:

• Informed consent is a cornerstone of modern medical practice, requiring patient permission for procedures and research.
• Currently, it's often viewed as a derivative right, linked to health and freedom, rather than a distinct human right.
• International human rights jurisprudence allows for reinterpreting informed consent beyond a mere bioethical principle.

Purpose of the Study:

• To advocate for the normative recognition of informed consent as a self-standing human right.
• To analyze Inter-American Court of Human Rights cases to support this argument.
• To explore pathways for establishing informed consent as a fundamental right in national laws.

Main Methods:

• Analysis of jurisprudence from the Inter-American Court of Human Rights.
• Examination of legal arguments linking informed consent to rights like health, personal integrity, and self-determination.
• Review of legal recognition of informed consent in national constitutions, such as Colombia's.

Main Results:

• The jurisprudence of the Inter-American Court of Human Rights, while often connecting informed consent to other rights, implicitly supports its status as a distinct and fundamental right.
• Existing legal frameworks and emerging rights concepts can facilitate the recognition of informed consent as a standalone human right.
• International standards and national legal integration are key to achieving this recognition.

Conclusions:

• Informed consent warrants recognition as an independent human right, essential for patient autonomy and dignity.
• Legal and ethical frameworks should evolve to reflect this status, moving beyond its traditional derivative or ethical guideline classification.
• Further development in human rights law and constitutional interpretation can solidify informed consent's position as a fundamental right globally.