{"title":"未成年人的医疗保健","authors":"L. Sauvé","doi":"10.1016/j.jemep.2025.101089","DOIUrl":null,"url":null,"abstract":"<div><div>This article explores the regulation of children’s healthcare under French law, taking into consideration the role of parents, the welfare of the child, and the child’s autonomy. Parents primarily make healthcare decisions on behalf of their child’s, acting as representatives of the child’s best interests within the framework of parental authority. The level of consent required depends on the seriousness of the medical decision at hand; for everyday medical matters, one parent’s consent may suffice, while decisions involving the child’s physical well-being may necessitate consent from both parents. Despite the central role of parents, French law underscores that all parental decisions must prioritise the child’s welfare. Consequently, parents cannot make arbitrary decisions, and certain actions are mandatory, even if parents are unwilling to carry them out. Furthermore, in the past four decades, there has been a growing emphasis on children’s rights, prompting the French legislator to increasingly acknowledge children’s voices, especially in healthcare-related matters. Today, the legislator grants various rights to the child, such as the right to veto, the right to consent to decisions alongside their parents, and sometimes the right to act independently without consulting their parents. In sum, French legislation has aimed to strike a balance between recognising the child’s autonomy and the imperative of protecting them from their own decisions.</div></div>","PeriodicalId":37707,"journal":{"name":"Ethics, Medicine and Public Health","volume":"33 ","pages":"Article 101089"},"PeriodicalIF":0.0000,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The minor’s healthcare\",\"authors\":\"L. Sauvé\",\"doi\":\"10.1016/j.jemep.2025.101089\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>This article explores the regulation of children’s healthcare under French law, taking into consideration the role of parents, the welfare of the child, and the child’s autonomy. Parents primarily make healthcare decisions on behalf of their child’s, acting as representatives of the child’s best interests within the framework of parental authority. The level of consent required depends on the seriousness of the medical decision at hand; for everyday medical matters, one parent’s consent may suffice, while decisions involving the child’s physical well-being may necessitate consent from both parents. Despite the central role of parents, French law underscores that all parental decisions must prioritise the child’s welfare. Consequently, parents cannot make arbitrary decisions, and certain actions are mandatory, even if parents are unwilling to carry them out. Furthermore, in the past four decades, there has been a growing emphasis on children’s rights, prompting the French legislator to increasingly acknowledge children’s voices, especially in healthcare-related matters. Today, the legislator grants various rights to the child, such as the right to veto, the right to consent to decisions alongside their parents, and sometimes the right to act independently without consulting their parents. In sum, French legislation has aimed to strike a balance between recognising the child’s autonomy and the imperative of protecting them from their own decisions.</div></div>\",\"PeriodicalId\":37707,\"journal\":{\"name\":\"Ethics, Medicine and Public Health\",\"volume\":\"33 \",\"pages\":\"Article 101089\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2025-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ethics, Medicine and Public Health\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S2352552525000489\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Medicine\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ethics, Medicine and Public Health","FirstCategoryId":"1085","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S2352552525000489","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Medicine","Score":null,"Total":0}
This article explores the regulation of children’s healthcare under French law, taking into consideration the role of parents, the welfare of the child, and the child’s autonomy. Parents primarily make healthcare decisions on behalf of their child’s, acting as representatives of the child’s best interests within the framework of parental authority. The level of consent required depends on the seriousness of the medical decision at hand; for everyday medical matters, one parent’s consent may suffice, while decisions involving the child’s physical well-being may necessitate consent from both parents. Despite the central role of parents, French law underscores that all parental decisions must prioritise the child’s welfare. Consequently, parents cannot make arbitrary decisions, and certain actions are mandatory, even if parents are unwilling to carry them out. Furthermore, in the past four decades, there has been a growing emphasis on children’s rights, prompting the French legislator to increasingly acknowledge children’s voices, especially in healthcare-related matters. Today, the legislator grants various rights to the child, such as the right to veto, the right to consent to decisions alongside their parents, and sometimes the right to act independently without consulting their parents. In sum, French legislation has aimed to strike a balance between recognising the child’s autonomy and the imperative of protecting them from their own decisions.
期刊介绍:
This review aims to compare approaches to medical ethics and bioethics in two forms, Anglo-Saxon (Ethics, Medicine and Public Health) and French (Ethique, Médecine et Politiques Publiques). Thus, in their native languages, the authors will present research on the legitimacy of the practice and appreciation of the consequences of acts towards patients as compared to the limits acceptable by the community, as illustrated by the democratic debate.