Abstract

PORTILLA-PARRA, Sebastian. The Professional Medical Secret and the Persons with Disability, in the Juridical Colombian Classification. Estud. Socio-Juríd [online]. 2019, vol.21, n.2, pp.357-385. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.7591.

Professional medical confidentiality is a constitutional guarantee of strict observance for the proper development of health sciences and the prevalence of some fundamental rights inherent to everyone, which represents a duty clinicians (understood as all health personnel) must perform invariably, avoiding the disclosure of the information he knows by reason of his profession to third parties, except legal exceptions. However, its exercise in Colombia is obscure regarding disabled people because despite their full legal aptitude the implementation of it is minimal. The figure of the tutor or third party with the capacity to make decisions in his/her name recurring in the sanitary relation, disagreeing with the personal character of that figure, which allows the required doctor-patient confidential relationship has precarious doctrine and legislation. It has intended to iterate its validity and safeguard persons with disabilities, allowing a bilateral relationship with the clinician, outlining its validity bases without intervention or external knowledge, preventing the undermining of its internal jurisdiction by unilateral revelations or arbitrary interventions by third parties, which could violate fundamental rights.

Keywords : Full legal capacity; fundamental rights; medical professional secrecy; people with disabilities; right-duty.

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