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

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Developing World Bioethics

Published online on

Abstract

["Developing World Bioethics, Volume 26, Issue 1, Page 11-16, March 2026. ", "\nABSTRACT\nInformed 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.\n"]