[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Medical ethics](https://durgical.com/en/medical-ethics/) › [Foundations of bioethics](https://durgical.com/en/medical-ethics/areas/foundations/) › Obligatory and ideal beneficence: the duty of rescue

# Obligatory and ideal beneficence: the duty of rescue

- Topic

There is a duty to help when someone faces serious danger, you can prevent it and the cost to you is low; beyond that, helping is an ideal.

Updated Nov 13, 2026

## Key points

- Obligatory beneficence: what must be done; ideal beneficence: admirable but not required.
- Duty of rescue: serious risk to another, a necessary and probably effective action, and low cost or risk to the helper.
- The doctor's role widens the duty: outside emergencies they may excuse themselves for legal reasons; in an emergency, not (Ley 23 de 1981, art. 7).
- In Colombia, failing without just cause to help a person in grave danger is a crime (Código Penal, art. 131).
- Rule of rescue: the tendency to spend heavily to save an identifiable person; it clashes with cost-effectiveness analysis.

## What it is

The beneficence page explains the principle; this page explains its limits. Not all help is obligatory: obligatory beneficence is what must be done; ideal beneficence is admirable but not required, like donating a kidney to a stranger. The duty of rescue marks the boundary: there is an obligation to help when another person faces a serious risk, the action is necessary and would probably prevent it, and the risk or cost to the helper is low compared with the benefit. Being a doctor widens that duty towards patients and in emergencies. There are also duties of reciprocity: to the society that trained the doctor and to the participants who take on risks in research. The «rule of rescue», by contrast, describes the tendency to spend a great deal to save an identifiable person, even when that money would help others more.

## Key facts

- Conditions of the duty of rescue: the person faces a serious risk; the action is necessary; it has a high probability of preventing the harm; it imposes no significant risk or cost on the helper; the benefit outweighs those costs.
- Specific beneficence: towards people with whom there is a relationship (patients, children); general beneficence: towards anyone.
- Reciprocity with society: the doctor was trained, often with public resources and with patients who agreed to be seen by students.
- Reciprocity in research: participants take on risks for others; hence Helsinki (para. 34) asks that post-trial access be planned.
- Limit: the duty does not require seriously risking one's own life; doing so is heroism, not obligation.

## In clinical practice

- A doctor witnesses a road accident: they give whatever help they can and call emergency services; being off duty is no excuse.
- In the emergency department, «it's not my specialty» does not allow refusing care; Ley 23 accepts excuses only outside emergencies.
- Donating a kidney to a stranger or volunteering in a conflict zone is ideal beneficence: admirable, not required.
- The rule of rescue explains why «everything» is demanded for a highly visible case; committees balance it against justice.

## Legal framework in Colombia

- Constitución Política, art. 95, num. 2: the duty to act according to the principle of social solidarity, responding with humanitarian action to situations that endanger people's life or health.
- Código Penal (Ley 599 de 2000), art. 131, failure to render aid: whoever fails without just cause to help a person whose life or health is in grave danger faces 32 to 72 months in prison (penalties increased by Ley 890 de 2004).
- Ley 23 de 1981, art. 3: the doctor provides the benefits of medicine to every person who needs them; art. 7: only when it is not an emergency may the doctor excuse themselves from providing care.
- Official texts checked on 2026-11-13 at normograma.supersalud.gov.co and minsalud.gov.co.

## Test yourself

Think of the answer, then tap the question to see it.

## What distinguishes obligatory from ideal beneficence?

Obligatory beneficence can be required, like the duty of rescue; ideal beneficence is admirable but not required, like donating a kidney to a stranger.

## When is there a duty of rescue?

When another person faces a serious risk, the action is necessary and would probably prevent it, and the cost or risk to the helper is low compared with the benefit.

## Which article of the Colombian Penal Code punishes failure to render aid?

Article 131 of Ley 599 de 2000: failing without just cause to help a person whose life or health is in grave danger.

## What is the rule of rescue?

The tendency to spend large resources to save an identifiable person, even when those resources would help other people more.

[Add to my cards (4)](https://durgical.app/estudiar/?add=/en/medical-ethics/obligatory-and-ideal-beneficence-the-duty-of-rescue/)

## Connections

## Related 5

- [Beneficence](https://durgical.com/en/medical-ethics/beneficence/)
- [Professionalism and the virtues of a doctor](https://durgical.com/en/medical-ethics/professionalism-and-the-virtues-of-a-doctor/)
- [Allocating scarce resources and triage](https://durgical.com/en/medical-ethics/allocating-scarce-resources-and-triage/)
- [Weighing risks, benefits and costs: cost-effectiveness](https://durgical.com/en/medical-ethics/weighing-risks-benefits-and-costs-cost-effectiveness/)
- [Living organ donation](https://durgical.com/en/medical-ethics/living-organ-donation/)

[← All of medical ethics](https://durgical.com/en/medical-ethics/)

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: [Constitución Política de Colombia de 1991](https://normograma.supersalud.gov.co/compilacion/docs/constitucion_politica_1991.htm) (Superintendencia Nacional de Salud, Normograma, 1991); [Ley 599 de 2000, Código Penal](https://normograma.supersalud.gov.co/compilacion/docs/ley_0599_2000.htm) (Superintendencia Nacional de Salud, Normograma, 2000); [Ley 23 de 1981, por la cual se dictan normas en materia de ética médica](https://www.minsalud.gov.co/sites/rid/Lists/BibliotecaDigital/RIDE/INEC/IGUB/ley-23-de-1981.pdf) (Ministerio de Salud y Protección Social, 1981); [WMA Declaration of Helsinki – Ethical Principles for Medical Research Involving Human Participants](https://www.wma.net/policies-post/wma-declaration-of-helsinki/) (World Medical Association, 2024); [The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research](https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/read-the-belmont-report/index.html) (U.S. Department of Health and Human Services, Office for Human Research Protections, 1979).

## **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.

---
Source: https://durgical.com/en/medical-ethics/obligatory-and-ideal-beneficence-the-duty-of-rescue/
License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/medical-ethics/obligatory-and-ideal-beneficence-the-duty-of-rescue/
