Seven of the eight medical faculties in the Netherlands mandate students to perform or undergo physical examinations on fellow students as part of their medical training. These examinations often require students to undress partially. However, a poll conducted by De Geneeskundestudent revealed that one-third of the 1,800 respondents oppose these physical examinations. Martin Buijsen, Professor of Health Law at Erasmus School of Law, investigated for the student magazine Arts in Spe whether medical faculties can compel students to participate in this practice. What are the implications?
A legal basis
In Arts in Spe, Buijsen was asked the following: “Can a university require a student to act as a test subject if this means the student must partially undress?” To answer, Buijsen first turned to the Dutch Constitution. He told the magazine’s editorial team: “The right to bodily integrity is, of course, a fundamental right. Interference with the exercise of that right is only permissible with consent or - as stipulated in the Constitution - by or pursuant to law. As for the latter, I can be brief: there is no legal basis.”
Silence equals consent?
Given the absence of a constitutional basis, the matter hinges on obtaining consent. In Arts in Spe, Buijsen explains that, for example, the Vrije Universiteit, like several other medical faculties, has included a Regulation on Medicine. According to this regulation, when students enrol in the program, they tacitly consent to participate in physical examinations. However, is this assumption valid?
Buijsen clarifies: “Tacit consent can only be assumed if students are fully informed, and it is reasonable to believe that silence implies agreement.” Proper communication is, therefore, essential. “It should not be the case that students are only informed about these requirements when the physical examination practicum appears in the curriculum. If a program has compelling reasons to involve students as simulated patients - and I can easily imagine such reasons - this information should ideally be provided as early as open days and similar events.”
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Read the article of Arts in Spe here (in Dutch).
