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. People are living longer and science has made it possible to keep patients alive who would otherwise be dead, by using life support measures. Other factors include the relevance of patients’ informed consent and a new understanding of patient self-determination, in which patients are allowed to refuse

In: European Journal of Health Law

’s life. But it is also a fact that children progressively acquire the capacity to be able to understand the importance and consequences of acts concerning their own lives, and therefore to be able to make decisions on their own. Accordingly, while they grow up there is an increasing tension between their

In: European Journal of Health Law

imposed in the patient’s as well as the community’s best interests. 38 Arguably, compelling a patient such as dj Fabo to go on living against his will is neither in his best interest nor in that of the community. Moreover, both refusal of life-sustaining treatment and assisted suicide eventually lead to

In: European Journal of Health Law

assessment of the client’s legal capacity is to have a conversation with them. The client should be openly informed about the purpose of the conversation, which should involve questions concerning their everyday life as well as the legal act at hand. The questions may concern the client’s family matters

In: European Journal of Health Law

1 Introduction In February 2016, UNICEF estimated that some 200 million women and girls had suffered female circumcision in 30 countries, 2 with up to a quarter of them being under the age of 15. According to the most recent figures, there were 53,000 circumcised adult women living in France as

In: European Journal of Health Law
Author: Mari Minn

products intended for a life-threatening, seriously-debilitating or serious and chronic condition should be eligible even when the patient prevalence is higher than 5 per 10 thousand’. 3 It is estimated that there are currently around 30 million people in the EU 4 living with a rare disease. Rare

In: European Journal of Health Law

to provide, in cooperation with their concerned counterparts, different forms of social support for persons with mental sicknesses or retardation. Such services ought to develop skills for independent life, help to motivate families and organizations to offer assistance to those persons and grant

In: European Journal of Health Law
Author: Aart Hendriks

in and outside France. 11 The decision was seen by opponents of wrongful life claims as an attack on human dignity. It was argued that the decision made a distinction between lives that merit living and those which don’t. These concerns were shared by French Parliament that amended the Loi relative

In: European Journal of Health Law
Author: Nils Broeckx

a patient’s life or at least greatly improve a patient’s quality of life, organ donation appears to have no therapeutic benefit for the minor donor. Moreover, minors are, in principle, legally incompetent. Should living organ donation by minors therefore be prohibited at all times, knowing that this

In: European Journal of Health Law
Authors: Lemmens and Dickens

-terminally ill patients. Persistent vegetative state or irreversible coma are, for example, now explicitly recognized in several statutes as conditions that justify withdrawal when there is a durable power of attorney or a living will. 44 Several court decisions have also confirmed the right to refuse life

In: European Journal of Health Law