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“Advance directives: the worrying decision of the Constitutional Council”

2022-11-15T18:59:01.688Z


TRIBUNE - By not making a distinction depending on whether the advance directives aim to continue treatment or stop it, the Constitutional Council is misusing the Claeys-Leonetti law, deplores François-Xavier Millet, professor of public law at the University Caribbean.


Are doctors entitled, in the name of refusing unreasonable obstinacy (understand, therapeutic relentlessness), not to follow the will for life expressed by a patient?

Advance directives, which allow anyone to express their will on the conduct to be followed by doctors in the event of a medical situation deemed irreversible, are binding on them provided that they do not appear, to use the terms of the Claeys-Leonetti law of 2016, “manifestly disproportionate or not in accordance with the medical situation”.

However, on November 10, following a lapidary and very loose reasoning as it has the secret, the Constitutional Council, on referral from the Council of State, declared this exception to the imperative nature of advance directives in accordance with the Constitution since, according to him, it violated neither the dignity of the human person, nor personal freedom, nor freedom of conscience, nor any other right or freedom than the Constitution…

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Source: lefigaro

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