Pub Date : 2025-12-18DOI: 10.1016/j.meddro.2025.12.001
Mohamed Boumaiza
By opening up to the LGBTQIA+ community, aesthetic medicine is addressing demands that go far beyond the mere pursuit of beauty. These requests relate to identity affirmation, social recognition, and symbolic repair. Gay men, influenced by social media and dating apps, experience strong pressure to maintain youthfulness and muscularity. Transgender individuals view aesthetic procedures as a key tool for achieving gender congruence, within a context often shaped by issues of “passing” and unequal access to care. Among some lesbian women, a tension emerges between resistance to normative beauty standards and the valorization of hyperfemininity. Queer, non-binary, and gender-fluid identities use aesthetics to deconstruct binary codes. Finally, social media further amplifies the commodification of bodies. Faced with these complex dynamics, the practitioner must combine technical expertise, cultural sensitivity, and ethical awareness.
{"title":"Médecine esthétique et population LGBTQIA+ : spécificités, pressions sociales et défis pour le praticien","authors":"Mohamed Boumaiza","doi":"10.1016/j.meddro.2025.12.001","DOIUrl":"10.1016/j.meddro.2025.12.001","url":null,"abstract":"<div><div>By opening up to the LGBTQIA+ community, aesthetic medicine is addressing demands that go far beyond the mere pursuit of beauty. These requests relate to identity affirmation, social recognition, and symbolic repair. Gay men, influenced by social media and dating apps, experience strong pressure to maintain youthfulness and muscularity. Transgender individuals view aesthetic procedures as a key tool for achieving gender congruence, within a context often shaped by issues of “passing” and unequal access to care. Among some lesbian women, a tension emerges between resistance to normative beauty standards and the valorization of hyperfemininity. Queer, non-binary, and gender-fluid identities use aesthetics to deconstruct binary codes. Finally, social media further amplifies the commodification of bodies. Faced with these complex dynamics, the practitioner must combine technical expertise, cultural sensitivity, and ethical awareness.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2026 196","pages":"Pages 13-16"},"PeriodicalIF":0.1,"publicationDate":"2025-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146006677","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}
Pub Date : 2025-12-11DOI: 10.1016/j.meddro.2025.11.001
Schallum Pierre Ph.D. (Professionnel de recherche, Chargé de cours, Membre du comité d’éthique du CHU de Québec – Université Laval, Membre du comité ISO/IEC JTC 1/SC 42 sur l’intelligence artificielle)
Quebec has undertaken a major modernization of its health information protection framework with the adoption of Law 5 (2023) and Law 25 (2021), establishing among the most rigorous protections in the world. These reforms are inspired by the European General Data Protection Regulation while reflecting Quebec's civil law tradition and distinctive ethical values. This transformation occurs in a context of accelerated digitization with the deployment of a digital health record. The article examines the historical context of these laws, analyzes the French and European framework, compares Quebec, French and Canadian interprovincial approaches, and identifies Quebec's ethical specificity placing dignity and autonomy as cornerstones. The comparison reveals that Quebec offers theoretically stronger protection with more extensive individual rights, stricter consent requirements and Data Minimization, but faces practical enforcement challenges. The French framework benefits from mature enforcement and regulatory certainty. The analysis highlights the fundamental tension between health data fluidity and robust privacy protection, and the challenges of balancing protection and practicability in the digital age.
{"title":"Protection des renseignements de santé au Québec : droit comparé France–Canada et contexte historique","authors":"Schallum Pierre Ph.D. (Professionnel de recherche, Chargé de cours, Membre du comité d’éthique du CHU de Québec – Université Laval, Membre du comité ISO/IEC JTC 1/SC 42 sur l’intelligence artificielle)","doi":"10.1016/j.meddro.2025.11.001","DOIUrl":"10.1016/j.meddro.2025.11.001","url":null,"abstract":"<div><div>Quebec has undertaken a major modernization of its health information protection framework with the adoption of Law 5 (2023) and Law 25 (2021), establishing among the most rigorous protections in the world. These reforms are inspired by the European General Data Protection Regulation while reflecting Quebec's civil law tradition and distinctive ethical values. This transformation occurs in a context of accelerated digitization with the deployment of a digital health record. The article examines the historical context of these laws, analyzes the French and European framework, compares Quebec, French and Canadian interprovincial approaches, and identifies Quebec's ethical specificity placing dignity and autonomy as cornerstones. The comparison reveals that Quebec offers theoretically stronger protection with more extensive individual rights, stricter consent requirements and Data Minimization, but faces practical enforcement challenges. The French framework benefits from mature enforcement and regulatory certainty. The analysis highlights the fundamental tension between health data fluidity and robust privacy protection, and the challenges of balancing protection and practicability in the digital age.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2026 196","pages":"Pages 4-12"},"PeriodicalIF":0.1,"publicationDate":"2025-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146006676","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}
Pub Date : 2025-09-30DOI: 10.1016/j.meddro.2025.09.001
Benoît Le Dévédec (Docteur en droit (Université Paris-Panthéon-Assas), Chercheur associé (Université de Lille))
Ordinal disciplinary procedures in the healthcare professions have long excluded the complainant, limiting them to a role of mere initiator without the status of a party. Inspired by the criminal justice model, these procedures aimed more at protecting the profession than compensating harm. Since the Kouchner Law of March 4, 2002, the complainant has acquired new rights: the ability to appeal, challenge decisions, and in some cases, be recognized as a party. The Conseil d’État has gradually endorsed this development by allowing appeals before the Court of Cassation. This transformation also affects other regulated professions, although lawyers remain more reluctant. A new model is emerging, in which the complainant and the healthcare professional form a true disciplinary pair, signaling the end of an exclusively corporatist form of justice.
{"title":"Le plaignant et le professionnel de santé : naissance d’un couple disciplinaire ordinal","authors":"Benoît Le Dévédec (Docteur en droit (Université Paris-Panthéon-Assas), Chercheur associé (Université de Lille))","doi":"10.1016/j.meddro.2025.09.001","DOIUrl":"10.1016/j.meddro.2025.09.001","url":null,"abstract":"<div><div>Ordinal disciplinary procedures in the healthcare professions have long excluded the complainant, limiting them to a role of mere initiator without the status of a party. Inspired by the criminal justice model, these procedures aimed more at protecting the profession than compensating harm. Since the Kouchner Law of March 4, 2002, the complainant has acquired new rights: the ability to appeal, challenge decisions, and in some cases, be recognized as a party. The Conseil d’État has gradually endorsed this development by allowing appeals before the Court of Cassation. This transformation also affects other regulated professions, although lawyers remain more reluctant. A new model is emerging, in which the complainant and the healthcare professional form a true disciplinary pair, signaling the end of an exclusively corporatist form of justice.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2026 196","pages":"Pages 1-3"},"PeriodicalIF":0.1,"publicationDate":"2025-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146006675","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}
Pub Date : 2025-09-16DOI: 10.1016/j.meddro.2025.08.002
Sonia Elleuch Ep Mallek, Ines Amouri
End of life care under Qatari law has specific features that reflect the unique society and culture of Qatar. It remains in compliance with the universal values enshrined in international conventions and Constitution. The existing framework is built upon a network of norms, in which the internal regulations of the Hamad Medical Center play a significant role. This system reflects an approach that goes beyond mere patient protection, aiming to establish a delicate balance between various legal, social, ethical, and religious imperatives. Within this complex balance, the family and religious commandments retain a central place. The system thus harmonizes with the values of the Qatari legal order. However, the need for legislation on end-of-life issues is crucial, as the internal regulations’ guidelines are not sufficient to resolve all the problems that arise.
{"title":"La fin de vie en droit qatarien : une quête d’équilibre et d’harmonie","authors":"Sonia Elleuch Ep Mallek, Ines Amouri","doi":"10.1016/j.meddro.2025.08.002","DOIUrl":"10.1016/j.meddro.2025.08.002","url":null,"abstract":"<div><div>End of life care under Qatari law has specific features that reflect the unique society and culture of Qatar. It remains in compliance with the universal values enshrined in international conventions and Constitution. The existing framework is built upon a network of norms, in which the internal regulations of the Hamad Medical Center play a significant role. This system reflects an approach that goes beyond mere patient protection, aiming to establish a delicate balance between various legal, social, ethical, and religious imperatives. Within this complex balance, the family and religious commandments retain a central place. The system thus harmonizes with the values of the Qatari legal order. However, the need for legislation on end-of-life issues is crucial, as the internal regulations’ guidelines are not sufficient to resolve all the problems that arise.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 195","pages":"Pages 145-152"},"PeriodicalIF":0.1,"publicationDate":"2025-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145442358","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}
Pub Date : 2025-09-15DOI: 10.1016/j.meddro.2025.01.009
Sara Brimo
The integration of environmental health into the missions of the High Authority of Health seems obvious today as the issues linked to this question are now so significant. However, this integration appears, in many respects, still latent due to its lack of normative and institutional concretization.
{"title":"L’intégration de la santé environnementale dans les missions de la HAS","authors":"Sara Brimo","doi":"10.1016/j.meddro.2025.01.009","DOIUrl":"10.1016/j.meddro.2025.01.009","url":null,"abstract":"<div><div>The integration of environmental health into the missions of the High Authority of Health seems obvious today as the issues linked to this question are now so significant. However, this integration appears, in many respects, still latent due to its lack of normative and institutional concretization.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 195","pages":"Pages 137-140"},"PeriodicalIF":0.1,"publicationDate":"2025-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145442356","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}
Pub Date : 2025-09-02DOI: 10.1016/j.meddro.2025.08.001
Marie Jutteau (Infirmière, éthicienne)
Motherhood in prison reveals a deep tension between the fundamental rights of incarcerated women and those of their children. A minority and often rendered invisible, incarcerated mothers face an environment ill-suited to their specific needs, despite a legal framework that seeks to preserve the mother-child bond through sentence adjustments and access to healthcare. In practice, these measures remain limited, hindered by logistical, financial, and human constraints. The confinement, isolation, and loss of autonomy imposed by imprisonment degrade the quality of the emotional and educational bond, compromising both the child's and the mother's development and well-being. Daily life in detention, governed by strict rules and intrusive practices, reinforces the child's marginalization and prevents the mother from fully exercising her parental role. This paradox, between recognized parental authority and the impossibility of exercising it, raises major ethical issues. Rethinking motherhood in prison requires making the best interests of the child and parenting a central focus of prison policies, within a perspective of sustainable and humane reintegration.
{"title":"La maternité en prison","authors":"Marie Jutteau (Infirmière, éthicienne)","doi":"10.1016/j.meddro.2025.08.001","DOIUrl":"10.1016/j.meddro.2025.08.001","url":null,"abstract":"<div><div>Motherhood in prison reveals a deep tension between the fundamental rights of incarcerated women and those of their children. A minority and often rendered invisible, incarcerated mothers face an environment ill-suited to their specific needs, despite a legal framework that seeks to preserve the mother-child bond through sentence adjustments and access to healthcare. In practice, these measures remain limited, hindered by logistical, financial, and human constraints. The confinement, isolation, and loss of autonomy imposed by imprisonment degrade the quality of the emotional and educational bond, compromising both the child's and the mother's development and well-being. Daily life in detention, governed by strict rules and intrusive practices, reinforces the child's marginalization and prevents the mother from fully exercising her parental role. This paradox, between recognized parental authority and the impossibility of exercising it, raises major ethical issues. Rethinking motherhood in prison requires making the best interests of the child and parenting a central focus of prison policies, within a perspective of sustainable and humane reintegration.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 195","pages":"Pages 141-144"},"PeriodicalIF":0.1,"publicationDate":"2025-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145442357","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}
Pub Date : 2025-08-16DOI: 10.1016/j.meddro.2025.06.001
La rédaction
{"title":"Douleurs et Souffrances de l’Antiquité au XXIe siècle","authors":"La rédaction","doi":"10.1016/j.meddro.2025.06.001","DOIUrl":"10.1016/j.meddro.2025.06.001","url":null,"abstract":"","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 194","pages":"Page 132"},"PeriodicalIF":0.1,"publicationDate":"2025-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145099164","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}
Pub Date : 2025-08-01DOI: 10.1016/j.meddro.2025.01.002
Valérie Guichard
The deployment of quality health pathways is an ambition affirmed by the State and the HAS in the National Health Strategy which must be reaffirmed in the future but also declined both under the aegis of the HAS and by those who provide it effective implementation in the territories. The strengthening of standards of quality and safety of care is deployed both as a requirement of the new regime of authorizations for care activities and in the structuring of graduated care sectors, the basis for the creation of regional hospital groups.
{"title":"Régulation de l’offre en santé et influence croissante de la Haute Autorité de santé","authors":"Valérie Guichard","doi":"10.1016/j.meddro.2025.01.002","DOIUrl":"10.1016/j.meddro.2025.01.002","url":null,"abstract":"<div><div>The deployment of quality health pathways is an ambition affirmed by the State and the HAS in the National Health Strategy which must be reaffirmed in the future but also declined both under the aegis of the HAS and by those who provide it effective implementation in the territories. The strengthening of standards of quality and safety of care is deployed both as a requirement of the new regime of authorizations for care activities and in the structuring of graduated care sectors, the basis for the creation of regional hospital groups.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 193","pages":"Pages 96-100"},"PeriodicalIF":0.1,"publicationDate":"2025-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144888988","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}
Pub Date : 2025-08-01DOI: 10.1016/j.meddro.2025.01.003
Louise Viezzi Parent (doctorante en Droit Public)
If acts of soft law – the latter being considered as “an attenuated form of law” -, including those of the HAS, have a priori, non-existent legal force, it appears from their effects that they have today and de facto, a binding political and functional force.
{"title":"Des actes dits « souples » au traitement acrobatique : Hes à la HAS ?","authors":"Louise Viezzi Parent (doctorante en Droit Public)","doi":"10.1016/j.meddro.2025.01.003","DOIUrl":"10.1016/j.meddro.2025.01.003","url":null,"abstract":"<div><div>If acts of soft law – the latter being considered as “an attenuated form of law” -, including those of the HAS, have a priori, non-existent legal force, it appears from their effects that they have today and de facto, a binding political and functional force.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 193","pages":"Pages 106-109"},"PeriodicalIF":0.1,"publicationDate":"2025-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144890646","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}
Pub Date : 2025-08-01DOI: 10.1016/j.meddro.2024.12.001
François Vialla (Chaire Epione, droit, santé, société et territoires)
Although it reached its peak during the health crisis, the invasive presence of experts is a phenomenon that goes back a long way. It has accelerated considerably as a result of the hyper-medicalisation of our societies and the growing complexity of our healthcare system. The figure of the expert, his role and the scope of what he has to say have changed considerably, particularly in the healthcare environment. These metamorphoses are just as perceptible in the healthcare relationship as in public action, which oscillates between ‘epistocracy’ and ‘technocracy’.
{"title":"Entre pouvoir et autorité : des pairs experts aux tiers-experts","authors":"François Vialla (Chaire Epione, droit, santé, société et territoires)","doi":"10.1016/j.meddro.2024.12.001","DOIUrl":"10.1016/j.meddro.2024.12.001","url":null,"abstract":"<div><div>Although it reached its peak during the health crisis, the invasive presence of experts is a phenomenon that goes back a long way. It has accelerated considerably as a result of the hyper-medicalisation of our societies and the growing complexity of our healthcare system. The figure of the expert, his role and the scope of what he has to say have changed considerably, particularly in the healthcare environment. These metamorphoses are just as perceptible in the healthcare relationship as in public action, which oscillates between ‘epistocracy’ and ‘technocracy’.</div></div>","PeriodicalId":41275,"journal":{"name":"Medecine & Droit","volume":"2025 193","pages":"Pages 89-95"},"PeriodicalIF":0.1,"publicationDate":"2025-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144890648","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}