| dc.description.abstract | An informed decision is when an agent makes
a substantive choice made with a reasonable
understanding of the potential benefits, detriments and
risks involved with the outcome of each available option
along with awareness of any relevant circumstances. It is
an important aspect of modern life on numerous
occasions such as medical treatment, business
transactions and life choices. The right to an informed
decision during medical treatment and scientific research
has long been recognized by the Nuremburg Code and
Helsinki Declaration as amended in 2013. Similarly the
Section 3 (c) of the UN Guidelines for Consumer
Protection of 1999 recognizes the right of informed choice
in consumer affairs. However, legal protection for the
informed decision during general life choices is still
lacking. When a superficial decision allows someone to
profit at the expense of the agent, denial of an informed
decision that could potentially serve the best interest of
the agent becomes a common malicious occurrence. This
paper looks at the protection the law can offer in such a
situation. The proposed solutions to remedy this include
the use of a two point legal test and declaration of the
informed decision as a fundamental rights. The
methodology involves the use of ethics to analyze the
violation of an informed decision, survey of existing
methods of protecting the informed decision and
formulation of a solution through jurisprudence. | |
