Ethics and law: why legal is not always ethical
- Topic
The law sets the minimum that can be enforced with sanctions; ethics usually asks for more, and sometimes clashes with the law.
What it is
Ethics and law share goals, but they are not the same. Law is made of binding norms that the State enforces with sanctions; medical ethics is reasoning about what ought to be done, and its demands usually go beyond the law. That is why obeying the law is not enough to act well: the World Medical Association states that having complied with the law does not by itself mean having acted ethically, that when law conflicts with medical ethics the physician should work to change it, and that in such a conflict ethical responsibilities prevail. History shows unjust laws applied by doctors (for example, forced sterilisation and the experiments of Nazism). In Colombia, a single medical act can give rise to different kinds of liability: ethical-disciplinary before the medical ethics tribunals, criminal, civil and administrative.
Key facts
- Legal but unethical: lying to a patient when no norm sanctions it in that case, or treating them with rudeness and haste.
- Ethical and required by law: informed consent and professional confidentiality are both ethical and legal duties.
- Norms can change for ethical reasons: in Colombia, the Constitutional Court decriminalised euthanasia under certain conditions in ruling C-239 of 1997.
- The medical ethics tribunals judge breaches of professional ethics; if the facts may be a crime or a civil or administrative fault, they inform the competent authority (Law 23 of 1981, art. 76).
- The Constitution is the norm of norms (art. 4): a lower norm that contradicts it is not applied.
Structure
- Ethics: reasons, deliberation, virtues; binds in conscience.
- Professional deontology: the profession's ethics written into a code (Law 23 of 1981); judged by its own tribunals.
- Law: general, binding norms with State sanctions.
- Zone of conflict: when the law requires something contrary to medical ethics, the route is conscientious objection, reform or action before the courts, not unilateral disregard of the norm.
Ethics and law: four combinations
| Combination | Example | What is expected of the doctor |
|---|---|---|
| Legal and ethical | Asking for informed consent | Comply |
| Legal but unethical | Deceiving the patient when no norm sanctions it | Follow the ethical demand, which is higher than the law |
| Illegal but considered ethical by some | Disobeying a law that requires harming patients | Object through legitimate routes and work to change the norm |
| Illegal and unethical | Falsifying a certificate | Do not do it; answerable to the law and the ethics tribunal |
In clinical practice
- That a practice is legal does not answer whether it is best for this patient: the ethical question remains open.
- If an administrative rule delays urgent care, the doctor puts the patient's life first and records and reports the barrier.
- Conscientious objection is a legal route for the doctor's conscience, but it requires informing and referring without delay.
- When a serious legal doubt arises, the legal department or the ethics committee is consulted; the pages in this section are educational, not legal advice.
Legal framework in Colombia
- Political Constitution, art. 4: the Constitution is the norm of norms. Art. 6: private individuals answer to the authorities only for breaking the Constitution and the laws.
- Political Constitution, art. 18: no one will be obliged to act against their conscience.
- Law 23 of 1981: the medical ethics code; its art. 76 requires the tribunal to inform the competent authority if the facts may be a crime or a civil or administrative fault.
- Ruling C-239 of 1997: decriminalised mercy killing with consent, in a terminally ill patient and performed by a doctor; ruling C-233 of 2021 later removed the terminal-illness requirement.
- Constitution and Law 23 checked on 2026-11-13 in the Función Pública Gestor Normativo; the rulings and Law 1751 were checked on 2026-11-05.
Test yourself
Think of the answer, then tap the question to see it.
According to the WMA, is obeying the law enough to act ethically?
No. The WMA states that having complied with the law does not by itself mean having acted ethically; ethical demands usually go further.
What should a doctor do when a law clashes with medical ethics, according to the WMA?
Work to change the law; in such a conflict, ethical responsibilities prevail over legal obligations.
Which article of the Constitution protects freedom of conscience in Colombia?
Art. 18: no one will be troubled for their convictions or obliged to act against their conscience.
What kinds of liability can a single medical act create in Colombia?
Ethical-disciplinary liability before the medical ethics tribunals (Law 23 of 1981), and also criminal, civil or administrative liability depending on the facts.
Elsewhere in DurgiPedia
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: WMA Declaration on the Relation of Law and Ethics (World Medical Association, 2019); Constitución Política de Colombia 1991 (Función Pública, Gestor Normativo, 1991); Ley 23 de 1981, por la cual se dictan normas en materia de ética médica (Función Pública, Gestor Normativo, 1981); Sentencia C-239 de 1997 (Corte Constitucional de Colombia, 1997).
Spotted a mistake?We are always improving for the community. Tell us what is wrong and our team will review it.Report a mistake
Representative model, for educational purposes only.