Medecine & Droit最新文献

{"title":"Judicial protection of the right to health in the context of Covid-19 and populism in Brazil","authors":"Rodolfo Gutiérrez Silva","doi":"10.1016/j.meddro.2022.10.003","DOIUrl":"10.1016/j.meddro.2022.10.003","url":null,"abstract":"<div><h3>Background</h3><p>The Covid-19 pandemic has brought new challenges to the health systems of Latin America. However, the institutions and mechanisms created by the Social State of Law were unable to confront these new risks. As a result of that, populist governments have used this crisis as an opportunity to deepen the high levels of inequalities through the appropriation of power, wealth and social welfare. Courts have also reacted in order to guarantee the right to health; however, many challenges remain.</p></div><div><h3>Objective</h3><p>To examine the challenges and opportunities of the judicial protection of the right to health in the context of Covid-19 and Populism in Brazil.</p></div><div><h3>Methodology</h3><p>Qualitative, descriptive and exploratory. Documentary research was carried out by reviewing databases such as Scholar, PubMed, and Scopus. Indexed articles, jurisprudence, legislation, and literature were also reviewed. Additional publications were also identified through other sources.</p></div><div><h3>Results</h3><p>There is an inversely proportional relationship between the intensity of the crisis and the level of judicial activism on the part of the Courts. Therefore, the more the scale and intensity of the crisis generated by populist governments in the context of pandemics, uncertainty, and inequality the more reflexive, and strategic courts should be and the more protection, defense and monitoring should be promoted in order to ensure the fulfilment of the right to the highest attainable level of health especially of the most vulnerable. On the other hand, the more compliance through the availability of health goods and services, and the more availability of health workers with better salaries, social security and working conditions the more resilient the State will be to face emergencies, which at the same time will promote fewer restrictions on fundamental rights.</p></div><div><h3>Conclusions</h3><p>Courts play a special role in protecting the right to health, especially in the context of emergencies and crises. States must adopt measures by using the maximum available resources in order to protect the right to the highest attainable standard of health.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2023 178","pages":"Pages 13-19"},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42041154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"La fécondation artificielle post-mortem dans le Code civil Hellénique","authors":"Andreas-Nikolaos Koukoulis (Maître de conférences adjoint à la Faculté de droit de l’Université de Thrace/Chercheur postdoctoral à la Faculté de droit de l’Université d’Athènes)","doi":"10.1016/j.meddro.2022.10.001","DOIUrl":"https://doi.org/10.1016/j.meddro.2022.10.001","url":null,"abstract":"<div><p>Medically assisted reproduction offers a technique that allows to have children of a recently deceased person. This is provided for in the Hellenic Civil Code. This article analyzes and criticizes the conditions of post-mortem assisted reproduction according to the Hellenic Civil Code.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2023 178","pages":"Pages 3-6"},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49795731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Refus transfusionnel","authors":"François Vialla (Professeur de Droit privé et sciences criminelles, Directeur du Centre Européen d’Études et de Recherche Droit&Santé, Professeur des universités, Directeur de l’École de Droit de la Santé)","doi":"10.1016/j.meddro.2022.09.002","DOIUrl":"10.1016/j.meddro.2022.09.002","url":null,"abstract":"<div><p>After a twenty-year hiatus, the issue of transfusion refusal issued by Jehovah's Witnesses comes up in legal news with the decision of May 20, 2022 rendered by the Council of State. During these 20 years the rights of patients and the autonomy of the person have been considerably strengthened. Although the refusal of treatment is clearly stated in the law, the High Administrative Court nevertheless maintains its position.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 177","pages":"Pages 95-107"},"PeriodicalIF":0.2,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130878364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Un mineur peut-il consentir à un parcours de transition médicale?","authors":"Olivia Sarton (Juriste, Directrice scientifique de Juristes pour l’enfance)","doi":"10.1016/j.meddro.2022.09.001","DOIUrl":"10.1016/j.meddro.2022.09.001","url":null,"abstract":"<div><p>As hundreds of so-called transgender children and teenagers enter “medical transition” processes with serious consequences, the relevance of the application of the rules of the Public Health Code relating to patient information and consent must be questioned : to what extent are these young minors capable of understanding the information provided and giving free and informed consent to these programmes?</p><p>The medical controversies that have arisen concerning the consequences of the medical transition processes, the experimental nature of which has been pointed out, raise serious doubts about the quality, reliability and fairness of the information given. Furthermore, is the complexity of the information communicated to minors who have no life experience, the eagerness of young patients, the influence of social networks, and the censure attached to possible therapeutic alternatives compatible with the capacity to give free and informed consent?</p><p>Finally, if it is not a question of treating a pathology but of “concretising the right to self-determination”, can we still claim the application of rules specific to the medical field? If there is no medical necessity or very serious medical reason, is it legitimate to accede to a minor's request to irreversibly damage his or her body?</p><p>In the UK, a thousand families are reportedly preparing to take legal action for medical negligence, alleging that their vulnerable children have been misdiagnosed and placed on a damaging medical transition course. Yet these minors had been found to be ‘consenting’.</p><p>It is time to weigh up the relevance of the sacredness of the minor's consent.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 177","pages":"Pages 89-94"},"PeriodicalIF":0.2,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130094472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"La souplesse relative des règles relatives à la fin de vie, corollaire d’un objet insaisissable","authors":"Roxane Delpech ,&nbsp;Bettina Couderc ,&nbsp;Florence Taboulet","doi":"10.1016/j.meddro.2022.09.003","DOIUrl":"10.1016/j.meddro.2022.09.003","url":null,"abstract":"<div><p>The Claeys-Léonetti law of 2 February 2016 provides a framework for the practice of deep and continuous sedation causing an alteration of consciousness maintained until death (SPCMD). In order to apply this measure, the doctor must implement a collegial procedure and respect certain conditions set out in the legislative provisions, but which are not defined and are therefore subject to interpretation. Moreover, the criteria for inclusion in the so-called “end-of-life” phase are not specified. This flexibility, deliberately chosen by the legislator, seems adapted to the complexity and variety of clinical situations and mobilizes the ethical deliberation of practitioners who must dialogue with the patient to implement an <em>ad hoc</em> medicine. However, this terminological vagueness may result in legal uncertainty and be a source of inequalities in the use of SPCMD. In any case, in order to promote the interests of patients and equal opportunities, it is urgent to reduce territorial inequalities in the provision of palliative care and to provide solid training on the law in force.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 177","pages":"Pages 108-113"},"PeriodicalIF":0.2,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114321730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"« Docteur, pourrais-je avoir une copie du certificat ? » Étude pluricentrique concernant l’application des décrets du 31 mars 2021 et du 23 novembre 2021","authors":"Amélie-Anne Reuche (Praticien Hospitalier) ,&nbsp;Elisabeth Martin (Praticien Hospitalier) ,&nbsp;Cécile Zagdoun (Praticien Hospitalier) ,&nbsp;Coralie Lelièvre (Praticien Hospitalier) ,&nbsp;Bernard Bouverot (Praticien Hospitalier) ,&nbsp;Cécile Manaouil (Praticien Hospitalier)","doi":"10.1016/j.meddro.2022.07.001","DOIUrl":"https://doi.org/10.1016/j.meddro.2022.07.001","url":null,"abstract":"<div><p>On 31 March 2021, a decree was published in the Official Journal concerning the procedures for the delivery of medical certificates to victims of violence. These victims can now obtain a copy of the certificate drafted by the doctor required by the judicial authorities, particularly as regards medical examiners.</p></div><div><h3>Purpose</h3><p>The aim of our study was to assess the impact of the March 31, 2021 decree on victims’ requests to the medical examiner for a copy of the medical certificate.</p></div><div><h3>Methods</h3><p>This prospective study was conducted among three forensic services receiving victims in consultation, using a paper questionnaire linked to Medlé data, over a three-month period.</p></div><div><h3>Results</h3><p>Of the 1,492 consultations conducted during the study period, a copy of the certificate was only given to the victim in 13.1 % of the consultations. It was requested spontaneously by the victim in 15.2 % of cases, most often to exercise his right (46.4 %). These were primarily consultations following an accident, psychological abuse, and assault. This copy was requested spontaneously by less than 3 % of victims of domestic violence. There was some disparity between the three centres regarding the minor victim.</p></div><div><h3>Conclusion</h3><p>This study is a small sample over a short period. The information of the victims, especially of domestic violence, on access to the copy of the medical-legal certificate seems still insufficient, and the principle of surrender, when it can help the victim in his efforts, can also be a source of confusion.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 176","pages":"Pages 77-82"},"PeriodicalIF":0.2,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"92035465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"La rétention de sûreté : punir, prévenir et guérir des troubles de la personnalité ?","authors":"Léa Lepoix","doi":"10.1016/j.meddro.2022.06.002","DOIUrl":"https://doi.org/10.1016/j.meddro.2022.06.002","url":null,"abstract":"<div><p>The law of February 25, 2008 introduced security detention. This is a post-sentence measure intended for offenders who have served their sentence. This may apply to people with personality disorders. Because of these disorders, they are considered too dangerous to be left in society but the importance of the disorders was not sufficient to benefit from the mechanism of criminal irresponsibility. Is the real objective of preventive detention, as indicated in the law, to treat disorders or, more pernicious, to eliminate ex-convicts from society?</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 176","pages":"Pages 83-87"},"PeriodicalIF":0.2,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91967075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"État des lieux et des connaissances et des pratiques professionnelles sur l’obstacle médico-légal des médecins thésés et internes de quatre établissements hospitaliers du Maine-et-Loire","authors":"Estelle Bonnot,&nbsp;Donca Zabet,&nbsp;Nathalie Jousset","doi":"10.1016/j.meddro.2022.05.002","DOIUrl":"10.1016/j.meddro.2022.05.002","url":null,"abstract":"<div><h3>Introduction</h3><p>The declaration of death is the responsibility of every clinician. In the case of a suspicious, unexpected or violent death, the “obstacle médico-légal” (OML) must be ticked off on the death certificate. Published French studies on the OML concern exclusively pre-hospital doctors. The main objective of our study was to evaluate the knowledge and current practices of in-hospital physicians regarding the OML.</p></div><div><h3>Material and methods</h3><p>We carried out a descriptive, quantitative, multicentre study comprising firstly a retrospective collection of the number of certificates with OML issued in four hospitals in Maine-et-Loire (Angers University Hospital, Cholet Hospital, Saumur Hospital, CESAME) between 2017 and 2020, and then an anonymous questionnaire addressed to the post-graduate doctors and interns of these same hospitals, asking them about their knowledge and experience on the subject and including eight fictitious clinical cases on the situations most frequently encountered in practice. The free answers to the clinical cases were classified into four categories with the possibility of answering “<em>I don’t know</em>”.</p></div><div><h3>Results</h3><p>From 2017 to 2020, 1.7% (131/7484) of deaths at Angers University Hospital were concerned by an OML. The questionnaire collected a total of 386 responses out of 1596 people contacted (24.2%). The main obstacle to the installation of an OML was a “<em>general lack of knowledge about the OML</em>” (80.1% of participants). Having previous training in forensic medicine had a significant influence on the placement of an OML. Almost 50% of the participants would not apply an OML if there was a suspicion of misconduct during care. In all clinical cases, the majority response was category 1 (37% of responses).</p></div><div><h3>Discussion and conclusion</h3><p>The results of our study are similar to the current publications in the French literature concerning only pre-hospital doctors. The knowledge of clinicians about OML should be reinforced and they should be encouraged to seek advice from the on-call coroner at Angers University Hospital. Our study also addressed the problem of suspected medical malpractice situations, which represent an additional difficulty for doctors because of the conflict of interest generated and for which the OML procedure does not seem to be very suitable.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 175","pages":"Pages 59-70"},"PeriodicalIF":0.2,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121995562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Les protecteurs naturels. Le droit des passants et du hasard","authors":"Gérard Mémeteau (Professeur émérite)","doi":"10.1016/j.meddro.2022.05.001","DOIUrl":"10.1016/j.meddro.2022.05.001","url":null,"abstract":"<div><p>Medical law is written by jurisprudence and authors as well as by legislation. When a person is severely ill, in the case of emergency, and has no tutor to decide medical treatment, everybody may – and must – help him in that decision. “Good Samaritans” are so able to decide in certain circumstances. That is the right written by our Cour de cassation.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 175","pages":"Pages 71-76"},"PeriodicalIF":0.2,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121760835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brexit et protection sociale : quel accès aux soins ?","authors":"Saskia Contet","doi":"10.1016/j.meddro.2022.01.001","DOIUrl":"10.1016/j.meddro.2022.01.001","url":null,"abstract":"<div><p>Brexit, by its magnitude, has many legal consequences, including the issue of access to healthcare. Although an exit agreement has been reached between the European Union and the United Kingdom, problems still arise regarding the social protection of European and British residents.</p></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2022 174","pages":"Pages 39-42"},"PeriodicalIF":0.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45346922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}