Advance Directives in Spain

Abstract

The recognition and protection of patient autonomy as a right in Spain began with the Spanish Constitution of 1978 (CE). Its first significant legislative development was the General Health Act, recognising the patient's right to autonomous decision-making-to be informed and to choose among different treatments-as consent, but only for the present, without regulating advance directives. A second step consolidating and enhancing patient autonomy came from the European Council's Convention on Human Rights and Biomedicine (CHRB). In third stage of increasing patient autonomy, the creation and regulation of the national Registry of advance directives and other options of advance care planning deserve special mention in national area. Advance directives develop the general theory of informed consent and enhance autonomy. From an ethical point of view, the justification of advance directives is the principle of respect for autonomy, which leds to a new model of doctor-patient relationship, decision-making and definition of health. Keywords:advance directives; legal framework; Spain