decision, protecting the right of the patient to be involved in medical decision-making, and assigning associated duties and obligations to health-care providers.”107 100. The European Convention on Human Rights and Biomedicine 108 also refers to this matter at Article 5, which provides: “An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it. This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks….” 101. A systematic interpretation of the applicable standards in this area allows one to establish that a process of informed consent should include the following three elements, which are intimately interconnected: (i) inform as to the nature of the procedure, treatment options, and reasonable alternatives, which includes the possible benefits and risks of the procedures proposed; (ii) take into account the needs of person and ensure that the person understands the information provided; and (iii) ensure that the consent that is given is free and voluntary. This process includes adopting legislative, public policy, and administrative measures and extends to the physicians, health professionals, and social workers at both public and private hospitals and other health institutions as well as detention centers.109 102. As regards the first element in the informed consent process – informing on the nature of the procedure, treatment options, and reasonable alternatives, which includes the potential benefits and risks of the proposed procedures – the Commission has indicated that the information that is provided to the patient should be complete, accessible, reliable, timely, and diligent.110 In order for the information to be thorough, the health professionals must obtain and divulge all of the relevant information, and information of the highest quality, on the diagnosis and the treatment proposed, including its effects, risks, as well as alternatives. In order for it to be accessible, it must be “presented in a manner culturally and otherwise acceptable to the person consenting,” 111 which includes the use of translation and interpretation services. In addition to being complete and accessible, the information must also be reliable. Finally, the information must be provided in a timely and diligent manner, i.e. prior to applying the procedure and without any need for a direct request. 103. With respect to the second element of informed consent – take into account the needs of the person and ensure that he or she understands the information provided – the IACHR observes that medical professionals have an important duty to ensure that information given is understood, the aim being for the patient or his representatives to make a truly informed decision with respect to the intervention and/or treatment proposed. In this sense, one should pay special 107 IACHR. Report No. 72/14. Case 12.655. Merits. I.V. Bolivia. August 15, 2014. Para 117. Quoting: United Nations, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, presented in keeping with resolution 6/29 of the Human Rights Council, A/64/272, of August 10, 2009, para. 9. 108 IACHR. Report No. 72/14. Case 12.655. Merits. I.V. Bolivia. August 15, 2014. Para 116. Quoting: Council of Europe, Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, signed April 4, 1997 in Oviedo, Spain, entered into force on December 1, 1999. 109 IACHR. Report No. 72/14. Case 12.655. Merits. I.V. Bolivia. August 15, 2014. Para 119. Quoting: IACHR, Access to Information on Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 44. 110 IACHR. Report No. 72/14. Case 12.655. Merits. I.V. Bolivia. August 15, 2014. Para 120. Quoting: IACHR, Access to Information on Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 45. 111 IACHR. Report No. 72/14. Case 12.655. Merits. I.V. Bolivia. August 15, 2014. Para 120. Quoting: United Nations, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, presented in keeping with resolution 6/29 of the Human Rights Council, A/64/272, of August 10, 2009, para. 23. 20

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