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- Title
LA PRESTACIÓN DEL CONSENTIMIENTO INFORMADO EN MATERIA DE SALUD EN EL NUEVO SISTEMA DE APOYOS AL EJERCICIO DE LA CAPACIDAD.
- Authors
DEL CARMEN GONZÁLEZ CARRASCO, M.
- Abstract
The dignity of the person with disabilities and the right to the free development of the personality in conditions of equality inspire the support system designed by the new Law 8/2021, of June 2, which reforms the civil and procedural legislation for the support of people with disabilities in the exercise of their legal capacity. The new law modifies Title XI CC by extending its effects to other regulations. However, its necessary adjustment with the decisions to be taken in relation to the health treatment of persons with disabilities has remained, as has happened with the rest of other situations regulated in special laws, outside the provisions of the legislator. This paper addresses the analysis of the modifications that the new paradigm of capacity support requires to be introduced in the regulation of informed consent contemplated in Law 41/2002, of November 14, basic regulation of patient autonomy and rights and obligations in terms of information and clinical documentation, as well as in other regulatory standards of more specific health actions.
- Subjects
PATIENT autonomy; DIGNITY; INFORMED consent (Medical law); PEOPLE with disabilities; AEROBIC capacity; SYSTEMS design; AUTONOMY (Psychology)
- Publication
Derecho Privado y Constitución, 2021, Issue 39, p213
- ISSN
1133-8768
- Publication type
Article
- DOI
10.18042/cepc/dpc.39.01