The doctrine of informed consent, patients’ religious beliefs and relational theory of autonomy

Nili Karako-Eyal

Chapter 4 in Research Handbook on Human Rights Law and Health, 2025, pp 82-106 from Edward Elgar Publishing

Abstract: Patients’ religious beliefs often shape their medical decisions and informational needs, yet their intersection with the doctrine of informed consent is underexplored. This chapter addresses this gap by analyzing two Israeli Supreme Court decisions: the Jane Doe case, which considers tailoring physicians’ disclosure duties to patients’ religious beliefs, and the Hamer case, which examines the influence of such beliefs on decision causation. Framed within liberal and relational autonomy theories, the chapter critiques these rulings for insufficiently addressing the social and relational contexts influencing patients’ choices. It proposes rearticulating these rulings to incorporate relational autonomy, offering a framework better suited to informed consent in multicultural societies. Though grounded in Israeli law, the analysis has broader relevance to Anglo-American legal systems, which share foundational principles of informed consent.

Keywords: Informed consent; Religious beliefs; Duty of disclosure; Decision causation; Patient autonomy; Relational autonomy (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803928029
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