Autonomy, Consent and Medical Confidentiality: Patients’ Rights in Argentina
22 Pages Posted: 27 Jul 2017
Date Written: 2014
This article analyzes the scope of informed consent and professional secrecy in light of the Argentine legal system, case law, and doctrine. We focus on the scope of autonomy in the Argentine legal system and its implications for the exercise of the right to accept or refuse medical treatment. We concentrate on patients’ rights to medical secrecy, and we discuss four questions in light of the Argentine National Constitution, the current legislation, the national case law, and the Inter-American Human Rights System. According to the Argentine National Constitution, do health professionals have a duty to keep patients’ confidential information within their professional relationship? If they do, is it an absolute duty? If that were not the case, what boundaries would be compatible and required by the constitution? Can the professional invoke “public interest” to justify his or her decision to violate professional secrecy?
Keywords: Patients' Rights, Informed Consent, Medical Confidentiality, Constitutional Law
JEL Classification: K30, K32, K10, I18
Suggested Citation: Suggested Citation