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Master Thesis

Le contentieux de la fin de vie

Abstract : Litigation at the end of life is a daunting subject with intermingling of volunteers, silences, rights, duties and feelings that are sometimes antagonistic. The richness of this litigation is due to the intervention of a full of protagonists : the medical corps, the administrative judge, the criminal judge, the Européean Court of the humans right, the media, public opinion and in fine the legislator. As part of this research paper, two main end of life litigation have been identified. The first is the lack of advance directive and inability of the patient to express his will. In this hypothesis, third parties will try to express the probable wish of the patient, like the Vincent Lambert case. The identification of the second source of litigation at the end of life, is the right to choose self-determination, article 8 of the European Convention for the protection of Human Rights, which goes well with state legislation. In this hypothesis, a patient express a deadly that can't pronounce on French legislation that prohibits active euthanasia and assisted suicide. Thus, one of the difficulties of the subject is to find a balance between the individual and the collective. Nothing is more persona! than having one's own opinion of how one would like to die. Nevertheless, arrived at this end of life, on a need of other, so that seeds are better united conditions of a good death.
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Master Thesis
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Submitted on : Monday, July 16, 2018 - 9:14:30 AM
Last modification on : Tuesday, November 6, 2018 - 1:16:37 AM


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  • HAL Id : dumas-01839772, version 1



Robin Desmarais. Le contentieux de la fin de vie. Droit. 2018. ⟨dumas-01839772⟩



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