IL CONSENSO INFORMATO NELLA GESTIONE SANITARIA DELLA VIOLENZA DI GENERE: NON SOLO UN ATTO DOVUTO. RISVOLTI ETICI E DEONTOLOGICI

[Machine translation] Consent to a medical act is the conscious adherence of the person being assisted to decisions on the proposed health treatment through exhaustive information on their health conditions and, above all, on the consequences and risks of accepting the treatment itself, both diagnostic and therapeutic., In the relationship with the person being cared for, it is necessary to consider and protect their right to health: this implies clear and truthful information starting from the purposes of the medical examination, instrumental or laboratory tests, with respect for the privacy and dignity of the person himself, who has the right to refuse or revoke any treatment within the prescribed time, supported by what is defined in art. 1 of law 219/2017., In the health management of a person who has suffered any form of violence, consent to clinical and forensic examination can be read not only as a duty, but also as a therapeutic and ethical choice to restore integrity, dignity and respect to the violated body., In fact, the term “violence” encompasses the concept of non-consent to an act on one's person. The collection of biological material for clinical and forensic purposes, instrumental examinations and physical examination that may require the patient or patient to show their nakedness could be experienced by the person being assisted as further violence. On the contrary, it is important to communicate correctly and completely to the person being assisted every single diagnosis-therapeutic step and its specific purpose, motivating each gesture and obtaining their consent, with patience and empathy. This approach is also essential for a first therapeutic psychological recovery that, in a moment of acute stress such as that of a violence just experienced, could be of fundamental importance in dealing with and reworking the abuse suffered., Obtaining consent from an adult person, capable of understanding and wanting, is not difficult to manage; on the other hand, it becomes more complex if the person being assisted is unconscious, a minor or in any other condition that compromises their ability to understand and to want., In the case of a minor, in fact, the situation is even more critical when the minor himself reports violence suffered by the parents or when there is a suspicion of violence experienced within the home. In these cases, in fact, healthcare personnel must decide whether to provide parents, potential abusers, with any type of medical information, which could - even indirectly - cause harm to the child. In these cases, therefore, parental responsibility cannot prevail over the development of the child's values and individuality, and it is in this balance between parental responsibility and protection from harm to the child that health personnel can find an ethical justification for their choices.