Implementation of this process includes adopting legislative, policy, and administrative measures, and it
extends to physicians, health professionals, and social workers, in both public and private hospitals, and from
other health institutions and detention centers. 309
164.
As regards the first element of the process of informed consent – informing on the nature of
the procedure, treatment options, and reasonable alternatives, which includes the possible benefits and risks
of the procedures proposed – the Commission has noted that the information that is provided to the patient
must be complete, accessible, reliable, timely, and proactive. 310 “In order for the information to be complete, it
is incumbent upon the health professionals to obtain and disclose all relevant information of the highest quality
regarding diagnosis, proposed treatment and its effects, risks, and alternatives. In order to be accessible, it must
be provided under adequate conditions and in a language and manner that is culturally acceptable to the person
consenting,” 311 which includes the use of translation and interpretation services. It is not enough for the
information to be complete and accessible; the information must be reliable. Finally, the information should be
provided in a timely manner and at the initiative of the provider, that is, prior to applying the intervention and
without any need to request it.
165.
With respect to the second element of informed consent – taking into account the needs of the
person and ensuring that he or she understands the information provided – the IACHR observes that medical
professionals have a major duty to ensure that the information they provide is understood, so that the patient
or his or her representative may make a truly informed decision with respect to the intervention and/or
treatment proposed. In this regard, one should pay particular attention to the needs and conditions of the
patient, as well as the methods used to provide the information. 312
166.
As regards the third element of informed consent – ensuring that the consent given is free and
voluntary – the Commission considers that for it to be effective, consent should be granted through a process
free of any coercion or manipulation. Due to the imbalance of power characteristic of the relationship between
health professionals and their patients it has been recognized that the time and way in which information is
provided may unduly influence the decision as to whether to accept the treatment proposed. The Commission
recognizes that while consent may be granted verbally or in writing, for the purposes of safeguarding the rights
involved the State should take measures to facilitate written consent. 313
167.
Finally, the Commission recognizes that there are exceptional situations in which consent does
not apply. Those exceptions are related to situations associated with emergencies, for example when a person
must be given medical treatment to preserve his or her life or health, but neither the person nor a family
member can give consent. 314
168.
As indicated above, in relation to persons institutionalized in mental health centers, the states
are the ones responsible for ensuring their integrity and health, which stems from its special position as
guarantor. 315
169.
Indeed, the states have various obligations to persons with disabilities who are
institutionalized. The CRPD Committee has held that states should provide health care based on the free and
IACHR. Report No. 72/14. Case 12,655. Merits I.V. Bolivia. August 15, 2014. Para 119. Citing, IACHR, Access to Information on
Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 44.
310 IACHR. Report No. 72/14. Case 12,655. Merits I.V. Bolivia. August 15, 2014. Para 120. Citing, IACHR, Access to Information on
Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 45.
311 IACHR. Report No. 72/14. Case 12,655. Merits. I.V. Bolivia. August 15, 2014. Para. 120. Citing, 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,
submitted pursuant to resolution 6/29 of the Human Rights Council, A/64/272 of August 10, 2009, para. 23.
312 IACHR. Report No. 72/14. Case 12,655. Merits. I.V. Bolivia. August 15, 2014. Para. 121.
313 IACHR. Report No. 72/14. Case 12,655. Merits I.V. Bolivia. August 15, 2014. Para 122. Citing, IACHR, Access to Information on
Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 72.
314 IACHR, Access to Information on Reproductive Health from a Human Rights Perspective, November 22, 2011, para. 74.
315 United Nations, Committee on the Rights of Persons with Disabilities. Views adopted. Marlon James Noble, Australia, October 10, 2016,
para. 8.9.
309
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