Noelia Martínez Doallo
Universität Konstanz
The Spanish Constitutional Court (STC 37/2011, 28th March, among others) has established the right to physical and moral integrity as constitutional foundation for informed consent (article 15 CE). Informed consent has been shaped by the Spanish Constitutional Court as an inhibition duty for physicians, that is to say, the denial of physician’s power in Hohfeld’s wording. Since informed consent is defined as a negative or defense right, understanding it as a legal freedom or a right to self-determination would require a review of its constitutional foundations. This paper aims just to revise the legal basis of informed consent by means of W.N. Hohfeld’s and Robert Alexy’s works.
Keywords Alexy  Patient’s autonomy  Informed consent  Fundamental right  Subjective right  Hohfeld  Physical integrity  Freedom
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Informed Consent and Routinisation.Thomas Ploug & Soren Holm - 2013 - Journal of Medical Ethics 39 (4):214-218.
Barriers To Informed Consent In Japan.Atsushi Asai - 1996 - Eubios Journal of Asian and International Bioethics 6 (4):91-93.
Forced to Be Free? Increasing Patient Autonomy by Constraining It.Neil Levy - 2014 - Journal of Medical Ethics 40 (5):293-300.
Informed Consent and Relational Conceptions of Autonomy.N. Stoljar - 2011 - Journal of Medicine and Philosophy 36 (4):375-384.
Informed Consent, Autonomy, and the Law.David B. Annis - 1984 - Philosophy Research Archives 10:249-259.
The Psychological Structure of Patient Autonomy.Bruce N. Waller - 2002 - Cambridge Quarterly of Healthcare Ethics 11 (3):257-265.


Added to PP index

Total views
46 ( #243,959 of 2,498,263 )

Recent downloads (6 months)
5 ( #140,236 of 2,498,263 )

How can I increase my downloads?


My notes