ABSTRACT

Until the enactment of the Patient’s Rights Act (PRA) of July 1999, there were no specific provisions on consent to medical treatment in Norway. The field was mostly governed by general principles of law, the point of departure being individual autonomy. If the patient is unable to give consent the PRA prescribes various remedies. Parents or legal guardians can consent on behalf of minors. For therapeutic medical purposes, the child will come of age at 16. The PRA gives little guidance in case of disagreeing or divorced parents. The Declaration of Helsinki offers guidelines that are used in practice. Norwegian courts will most likely presume Norwegian law to be in accordance with the Declaration of Helsinki, and thus apply its provisions. Since 1985, the five Regional Research Ethics Committees have given advice on ethical questions relating to biomedical research. The main source of reference for the practice of the Research Ethics Committees is the Declaration of Helsinki.