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

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.