Beyond Consent: Self-Determination and Protecting High-Risk Patients in Health Care

Authors

  • Lilla Garayova Рan-European University, Faculty of Law, Bratislava, Slovakia

DOI:

https://doi.org/10.18690/mls.19.2.377-398.2026

Keywords:

informed consent, patient autonomy, vulnerability, supported decision-making, human rights in health care

Abstract

Modern healthcare is built on the principle of informed consent which is the basis of patient autonomy and self-determination. However, this model has its very clear limits when applied to high-risk and vulnerable patients whose decision-making capacity is impaired. This study examines what lies behind consent in healthcare and asks how legal systems can protect high-risk patients without undermining their dignity, agency and human rights. The analysis adopts a comparative legal approach. It relies on international instruments and national examples from diverse legal traditions. The article argues that vulnerability should not serve as a justification for paternalism or uncontrolled coercion. Going beyond consent does not mean abandoning autonomy, it means reconceptualizing it in a way that ensures self-determination and protection for those most vulnerable in health care systems.

Downloads

Download data is not yet available.

Downloads

Published

09.10.2026

Issue

Section

Articles

How to Cite

Garayova, L. (2026). Beyond Consent: Self-Determination and Protecting High-Risk Patients in Health Care. Medicine, Law & Society, 19(2), 377–398. https://doi.org/10.18690/mls.19.2.377-398.2026