Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility
In an era marked by unprecedented access to information and rapid advancements in health care technologies, the Right Not to Know (RNTK) has emerged as a key yet contentious concept within legal discourses. RNTK grants individuals the capacity to refuse knowledge about their health care or genetic p...
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| Format: | Article |
| Language: | English |
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Bond University
2025-07-01
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| Series: | Bond Law Review |
| Online Access: | https://doi.org/10.53300/001c.142358 |
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| _version_ | 1850060202213113856 |
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| author | Abbas Mirshekari Jamshid Zargari |
| author_facet | Abbas Mirshekari Jamshid Zargari |
| author_sort | Abbas Mirshekari |
| collection | DOAJ |
| description | In an era marked by unprecedented access to information and rapid advancements in health care technologies, the Right Not to Know (RNTK) has emerged as a key yet contentious concept within legal discourses. RNTK grants individuals the capacity to refuse knowledge about their health care or genetic profile, thereby strengthening personal autonomy and self-determination. This right is increasingly incorporated into international legal frameworks and human rights principles as a protection against paternalistic tendencies in health care and the overwhelming flood of contemporary data. Despite this development, its legal enforcement remains inconsistent, situated in a regulatory grey zone characterised by uncertainty and diverse interpretations. Theoretically, RNTK’s validity is both supported and challenged. The current study employs a thorough examination of these aspects to evaluate whether RNTK represents an established right in the field of human rights or a contentious right in international and domestic law, especially Australia. This analysis aims to clarify its broader implications for societies. |
| format | Article |
| id | doaj-art-33ecb32c2dd2447a93acb75d9d6579ae |
| institution | DOAJ |
| issn | 1033-4505 2202-4824 |
| language | English |
| publishDate | 2025-07-01 |
| publisher | Bond University |
| record_format | Article |
| series | Bond Law Review |
| spelling | doaj-art-33ecb32c2dd2447a93acb75d9d6579ae2025-08-20T02:50:40ZengBond UniversityBond Law Review1033-45052202-48242025-07-0137110.53300/001c.142358Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical FragilityAbbas MirshekariJamshid ZargariIn an era marked by unprecedented access to information and rapid advancements in health care technologies, the Right Not to Know (RNTK) has emerged as a key yet contentious concept within legal discourses. RNTK grants individuals the capacity to refuse knowledge about their health care or genetic profile, thereby strengthening personal autonomy and self-determination. This right is increasingly incorporated into international legal frameworks and human rights principles as a protection against paternalistic tendencies in health care and the overwhelming flood of contemporary data. Despite this development, its legal enforcement remains inconsistent, situated in a regulatory grey zone characterised by uncertainty and diverse interpretations. Theoretically, RNTK’s validity is both supported and challenged. The current study employs a thorough examination of these aspects to evaluate whether RNTK represents an established right in the field of human rights or a contentious right in international and domestic law, especially Australia. This analysis aims to clarify its broader implications for societies.https://doi.org/10.53300/001c.142358 |
| spellingShingle | Abbas Mirshekari Jamshid Zargari Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility Bond Law Review |
| title | Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility |
| title_full | Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility |
| title_fullStr | Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility |
| title_full_unstemmed | Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility |
| title_short | Critically Rethinking the Right Not to Know: Legal Ambiguity and Theoretical Fragility |
| title_sort | critically rethinking the right not to know legal ambiguity and theoretical fragility |
| url | https://doi.org/10.53300/001c.142358 |
| work_keys_str_mv | AT abbasmirshekari criticallyrethinkingtherightnottoknowlegalambiguityandtheoreticalfragility AT jamshidzargari criticallyrethinkingtherightnottoknowlegalambiguityandtheoreticalfragility |