Sédation et fin de vie du patient mineur : aspects juridiques

Abstract

At a time when the legislator is preparing to modify the Claeys Léonetti law, it seems useful to recall the legislation in force for minors and the ethical issues of the debate. If the decision to limit or stop active therapy (LATA) concerns a minor, the opinion of the holders of parental authority is requested, unless the emergency makes this consultation impossible. On the other hand, there is no legislative or regulatory obligation to obtain parental consent. The Council of State and the Constitutional Council have opened the way to a complex dispute to understand for caregivers who must, at the request of justice, continue care, which they consider to be unreasonable obstinacy. We will study four cases concerning minors judged by the French Council of State.