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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

Wannes Buelens (UGent) , Coralie Herijgers and Steffi Illegems
(2016) EUROPEAN JOURNAL OF HEALTH LAW. 23(5). p.481-509
Author
Organization
Abstract
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.
Keywords
personal autonomy, informed consent, Article 8 European Convention on Human Rights, private life, Article 3 European Convention on Human Rights, torture, degrading or inhuman treatment, therapeutic or medical necessity

Citation

Please use this url to cite or link to this publication:

MLA
Buelens, Wannes, et al. “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.” EUROPEAN JOURNAL OF HEALTH LAW, vol. 23, no. 5, 2016, pp. 481–509, doi:10.1163/15718093-12341388.
APA
Buelens, W., Herijgers, C., & Illegems, S. (2016). 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. EUROPEAN JOURNAL OF HEALTH LAW, 23(5), 481–509. https://doi.org/10.1163/15718093-12341388
Chicago author-date
Buelens, Wannes, Coralie Herijgers, and Steffi Illegems. 2016. “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.” EUROPEAN JOURNAL OF HEALTH LAW 23 (5): 481–509. https://doi.org/10.1163/15718093-12341388.
Chicago author-date (all authors)
Buelens, Wannes, Coralie Herijgers, and Steffi Illegems. 2016. “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.” EUROPEAN JOURNAL OF HEALTH LAW 23 (5): 481–509. doi:10.1163/15718093-12341388.
Vancouver
1.
Buelens W, Herijgers C, Illegems S. 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. EUROPEAN JOURNAL OF HEALTH LAW. 2016;23(5):481–509.
IEEE
[1]
W. Buelens, C. Herijgers, and S. Illegems, “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,” EUROPEAN JOURNAL OF HEALTH LAW, vol. 23, no. 5, pp. 481–509, 2016.
@article{8711274,
  abstract     = {{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.}},
  author       = {{Buelens, Wannes and Herijgers, Coralie and Illegems, Steffi}},
  issn         = {{0929-0273}},
  journal      = {{EUROPEAN JOURNAL OF HEALTH LAW}},
  keywords     = {{personal autonomy,informed consent,Article 8 European Convention on Human Rights,private life,Article 3 European Convention on Human Rights,torture,degrading or inhuman treatment,therapeutic or medical necessity}},
  language     = {{eng}},
  number       = {{5}},
  pages        = {{481--509}},
  title        = {{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}},
  url          = {{http://doi.org/10.1163/15718093-12341388}},
  volume       = {{23}},
  year         = {{2016}},
}
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