Document Type : Research Paper
Authors
1 nh
2 University of Judicial Sciences and Administrative Services
Abstract
Awareness is a fundamental right of patients in medical practice, firmly grounded in both ethics and law. Physicians, bound by professional responsibility and potential civil liability, are obliged to provide complete medical information. Yet, this duty sometimes conflicts with patients’ psychological or personal interests, especially when knowledge generates anxiety, distress, or impairs decision-making. This raises a key question: should the right to know always prevail, or can ignorance, in certain cases, represent an informed and ethical choice? Emerging at this intersection is the “right not to know,” which allows individuals to refuse sensitive medical information, such as genetic data or psychiatric diagnoses, without this refusal being seen as negligence. Rooted in autonomy and self-determination, this right protects against the adverse consequences of disclosure, including anxiety, stigma, and decision-making burdens. This study, adopting an interdisciplinary approach, explores the legal, medical, and philosophical dimensions of this right, examining its recognition internationally and within Iran. Findings reveal that while the right not to know is acknowledged as a preference in international instruments, it lacks explicit legal protection. In Iran, too, the absence of clear legal frameworks has left the concept underdeveloped.
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