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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

medicine. 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

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
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
Author: Herman Nys

the request of an insur- ance company) or a medical procedure (e.g., a pregnant woman having an abortion; the removal of an organ from a living donor) will also be taken into consideration. Social rights however, such as the right to health care, are not covered. In the first part the developments in

In: European Journal of Health Law
Author: Leenen

refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction (positive obligation). Article 2 is unconcerned with issues to do with the quality of living or what a person chooses to do with his or her life. A right to

In: European Journal of Health Law
Author: Julia Shaw

largely on the traditional slippery slope and sanctity of life positions; a disproportionate reliance on theological determinism in particular prevented informed rational debate. People are living longer often with chronic, incurable diseases and palliative care is frequently of poor quality or even

In: European Journal of Health Law

as the authorisation of dis- continuance of life-prolonging measures by guardianship courts, the relationship of guardians and health care agents, the requirements and consequences of living wills and similar issues. The judicial conclusion is the controversial decision of the 12 th Civil Panel of

In: European Journal of Health Law

una- nimity among experts about the role and utility of such documents. In any case, it is far from clear that living wills are the panacea for resolving all end-of-life confl icts presented by incompetent patients. It is therefore not surprising if some argue that the power of attorney (or a

In: European Journal of Health Law