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The View of the European Court of Human Rights on Competent Patients’ Right of Informed Consent. Research in the Light of Articles 3 and 8 of the European Convention on Human Rights

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It is an internationally recognized principle that patients should give their informed consent to a treatment in order to avoid a violation of their right to personal autonomy. This article discusses this principle in the light of Articles 3 and 8 of The European Convention on Human Rights and the view of the European Court of Human Rights on this matter. Indeed, nowadays more complaints related to (the lack of) informed consent not only concern a possible violation of Article 8 of the Convention, but Article 3 has also gained importance, especially when a treatment is intrusive.

Affiliations: 1: Antwerp Health Law and Ethics Chair (AHLEC) and Antwerp Liability Law and Insurance Chair (ALLIC), Faculty of Law, University of Antwerp AntwerpBelgium Wannes.Buelens@uantwerpen.be ; 2: Antwerp Health Law and Ethics Chair (AHLEC) and Antwerp Liability Law and Insurance Chair (ALLIC), Faculty of Law, University of Antwerp AntwerpBelgium Coralie.Herijgers@uantwerpen.be ; 3: Antwerp Health Law and Ethics Chair (AHLEC) and Antwerp Liability Law and Insurance Chair (ALLIC), Faculty of Law, University of Antwerp AntwerpBelgium Steffi.Illegems@uantwerpen.be

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/content/journals/10.1163/15718093-12341388
2016-10-28
2017-12-13

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