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[Minor's medical information].

Denis Devictor¹

¹Réanimation néonatale et pédiatrie néonatologique, hôpital Bicêtre, Le Kremlin-Bicêtre, France. Médiateur de l'Assistance publique-Hôpitaux de Paris. Médecin-conseil de la Direction des affaires juridiques. Docteur en éthique.

La Revue Du Praticien

|September 3, 2020

Summary

French law balances parental authority with a minor's right to medical information and consent. The child's best interests are paramount in resolving conflicts between parental decisions and the minor's autonomy.

Keywords:

Access to Information Child Ethics Pediatrics

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Area of Science:

Medical Law
Bioethics
Pediatrics

Background:

Parents traditionally exercise medical decision-making authority for their children.
French law mandates that minors receive clear medical information and give consent for treatment.
Conflicts can arise between parental authority and a minor's will regarding medical care.

Purpose of the Study:

To examine the French legal framework governing minors' medical information and consent.
To explore situations where parental authority is limited in medical decision-making.
To analyze how French law respects a minor's autonomy.

Main Methods:

Legislative analysis of French law concerning minors' rights in healthcare.
Examination of case law and legal principles related to parental authority and child autonomy.
Review of ethical considerations in pediatric medical decision-making.

Main Results:

French legislation aims to balance parental rights with the evolving autonomy of minors.
Specific legal provisions exist to ensure minors are informed and their consent is sought.
The principle of the child's 'best interests' serves as a guiding factor in resolving disputes.

Conclusions:

French law increasingly recognizes and protects the autonomy of minors in medical matters.
The 'best interests' standard provides a framework for navigating conflicts between parents and children.
Respecting a minor's will, within legal boundaries, is crucial for ethical medical practice.