The right to self-determination stems directly from the dignity of the human being. The right to privacy, respect for the free will of the individual, the right to decide on one's private life must be respected when a citizen exercises his or her rights. The right to self-determination is also reflected in a person's consent to treatment. The patient can give effective consent provided that he or she is informed in advance about the idea and the possible consequences of the treatment in question. The information must be complete and communicated in a way that is understandable to the patient and adapted to his or her perceptual potential. Knowledge of the consequences of a given treatment or therapy enables the patient to make an informed decision, which is tantamount to accepting all possible consequences of the treatment, including the negative ones. Establishing the patient's consent to treatment is not only a manifestation of respect for the patient's will and the realisation of his autonomy; it is also a condition for the legitimate performance of the examination or treatment. Even treatment that fully complies with the rules of medical practice is not legal if it is carried out without the patient's consent.
Duty to inform the patient vis-à-vis his right to self-determination
15 December 2022