End of life care, palliative care, euthanasia, patient rights, French law, Public Health Code, Penal Code, human rights, medical ethics
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Abstract
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Abstract
This document outlines the rights of patients at the end of life in France, including the right to palliative care and the prohibition on euthanasia and excision.
Extract
[...] The same applies to the attitude of the parents who organize this excision. In accordance with Article 113-6, even if these offenses are committed outside the territory of the Republic, they may be prosecuted by French courts, provided that the victim is of French nationality or resides in French territory. Solution : The contemplated excision would be constitutive of several penal infractions: the parents could be prosecuted for having organized it or even attempted to practice it; the person who would practice the act could also be be pursued. [...]
[...] Then, treatments to alleviate suffering must be put in place. More specifically, this article provides that the patient can request not to undergo unreasonable obstinacy when they are suffering from a serious and incurable illness that affects their short-term vital prognosis. They can also request alleviation of their suffering by the administration of palliative care (in accordance with to the article L111-10 you Code of the santé publique) even if the treatment accelerates the death or even the administration of a sedation deep and continue even if this last can accelerate the death (article L1110-5-2). [...]
[...] Solution : In accordance with general texts as well as more specific texts, Mrs. A can request the cessation of treatments. In in effect, Madame A est consciente, she is so apt to to express son consent and ne may undergo medical treatments against her will. In addition, these treatments are constitutive of an unreasonable obstinacy in the face of her incurable illness and she may request their suspension under Article L1110-5-1 of the Public Health Code. In addition, Madame A has the right to have her suffering alleviated. [...]
[...] Qualification juridique : L'excision constitute an mutilation sexual. The it is of a damage particularly serious to integrity of a minor at the request of their parents and for non-therapeutic reasons. This is an attack on the inviolability of the human body leading to mutilation. Rules of right applicable : In accordance with the principle of inviolability of the human body, penal law condemns violence that has led to permanent mutilation or disability (Article 222-9 of the Penal Code: 10 years's imprisonment and 150000 euros of fine). [...]
