La relevancia jurídico-penal de los tratamientos médicos no consentidos

<div> <div> <div> <div> <div> <div> <p>The prevailing doctrine in Spain holds that a patient’s informed consent does not play a significant role in determining whether a medical intervention constitutes the crime of bodily harm, since this offense requires an objective worsening of the patient’s health. This position has been rejected by some scholars and, in isolated cases, by the Supreme Court. A recent judgment by the Spanish Constitutional Court goes further in this direction, holding that any non-consensual medical act constitutes a violation of the right to physical integrity—the very legal interest protected by the offense of bodily harm. In this article, the author argues that the principle of autonomy leads to the adoption of a subjective concept of health, which, in the healthcare context, implies that medical acts performed without the patient’s consent should be regarded as constituting the crime of bodily harm.</p> </div> </div> </div> </div> <div> </div> </div> </div><p></p>