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Alternative Medical Consent in the Legislation of the Kurdistan Region–Iraq A Critical Analytical Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 12, Volume 16, Issue: 3, September 2026, Pages 328-367 PDF (1.02 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.168128.1705 | ||
| Author | ||
| Alan Bahaddin Abdulla* | ||
| Law department/ college of law/ Salahaddin University-Erbil/ Iraq | ||
| Abstract | ||
| This study examines the concept of alternative medical consent within the legislative framework of the Kurdistan Region–Iraq, as an exception to the general principle requiring that medical consent be issued by the patient personally prior to undertaking any medical act affecting their health. The study aims to define the legal framework governing this type of consent and to clarify its concept, characteristics, conditions, scope, and the authorities competent to issue it. It further subjects the relevant legislative texts to analytical and critical examination in order to identify the shortcomings and ambiguities inherent therein. The study adopts an analytical and critical methodology through an examination of the Law of Patients’ Rights and Duties, the Public Health Law, the Mental Health Law, and the relevant regulations and instructions, and by linking these instruments to the general rules of the Civil Law, Personal Status Law, Care of Minors Law, and other applicable legislation. The study concludes that alternative medical consent constitutes an explicit written expression issued by a person other than the patient, approving the performance of a medical act on the basis of a legal authorization, where the patient’s consent cannot be obtained due to loss or deficiency of legal capacity, or inability to express their will for health-related reasons. | ||
| Keywords | ||
| Alternative medical consent; patient companion; informed consent; physician; patient | ||
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