Page 143 - Human Rights

Faculty of Nursing
Adult care Nursing Department

In these circumstances and within the limits of the best interests of the patient, the right of the

family (or of the legitimate representative) to make medical decisions that are beneficial to the

patient is usually recognized.

8 Therapeutic privileges:

In exceptional circumstances, the physician can invoke therapeutic privilege to escape the

responsibility of obtaining informed consent.

These circumstances refer to the existence of a high probability of physical or mental harm and
not the mere emotional upset that can result from presenting the truth, for example, risk of heart

attack or epileptic seizure.

In fact, a pluralistic society is based on citizens’ ability to make free choices within a culture of

responsibility and active citizenship (Nussbaum 1998).

Note that the enshrinement of rights may imply the existence of correlative duties, deserving a
comprehensive and detailed approach.

This is perhaps one of the major gaps in many liberal democracies.

Citizens are progressively aware of their rights, such as freedom of expression and association,
but have not developed a parallel system of values that is reflected in the exercise of responsible

citizenship. Therefore, it is not surprising that health system users only see themselves as rights

holders in the same way that health professionals do not often perceive the duty to account for

their activities (public accountability).

When there is a conflict between the parents’ will and the best interests of the child, the right to

an open future should be considered.

132 Academic Year 2025/2026