Self-determination right on the medical treatment in France
| Project/Area Number |
15530083
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Fukuoka Institute of Technology |
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Principal Investigator |
OKAWARA Yoshio Fukuoka Institute of Technology, Faculty of Social and Environmental Studies, Associate Professor, 社会環境学部, 助教授 (70341469)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2004: ¥100,000 (Direct Cost: ¥100,000)
Fiscal Year 2003: ¥600,000 (Direct Cost: ¥600,000)
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| Keywords | Imformed consent / Integrity of the body / Person / Necessity for Medical Treatment / Medical Treatment profits (purpose) / medical action / Self-determination and public policy / Equilibrium proportionality / 自己決定 / 公序 / 個人の自律 / フランス法 / 医療 / 身体の不可触・不可傷性 / 説明と同意 / パーソン / 身体の統合性 / 医行為 / 自己決定権 / 医ヒューマニズム |
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| Research Abstract |
What is the fundamental value of Informed Consent? ---It is the problem of the relation between Informed Consent and Self-determination. In the French medical law, the Principle of integrity of the body (Principes de l'integrite du corps humaine) comes to the front as the public policy (ordre public) and dominate the Self-determination. Informed Consent is indispensable and essential, but not enough : Medical Treatment profits is superior to the Informed Consent (differently from the American and English Law).
The public order (ordre public) collides with desire of the individual who wants to change his body. This is a fundamental problem on the medical law. The concept of illness has a risk of becoming variable and exceeding "Necessity for medical treatment (necessite therapeutique)", when a psychological element which may lead to "desire sufficiency medical treatment"(e.g. cosmetic surgery, transsexualism) enters there. Corresponding to an individual intention, corresponding to development of science and medicine, the standard of "Necessity for medical treatment" becomes still more fluid.
In France, the experiment has been traditionally bisected to the experiment with the medical treatment purpose, and the experiment without the medical treatment purpose. There was an important meaning in this from the viewpoint of a patient's rights. However, the Huriet Act of 1988 justified the latter type of experiment by the Informed consent principle. This is a legal revolution. A patient or a subject of experiment consents to what does not become their profits, that is, to falling victim: -- This "consent principle" to which the Huriet Act has given such a new meaning has superseded the traditional rule of "the profits of medical treatment" for protecting oneself.
Besides, The Principle of integrity physical extends to the body of a dead person in addition to the body of living person, after Dr. Milhaud case in which he experimented on the brain death patient.
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Report
(3 results)
Research Products
(10 results)
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[Journal Article] Person and Human Body
Author(s)
Yoshio Okawara
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Journal Title
Research Bulletin of Fukuoka Institute of Technology Vol.36 No.1
Pages: 79-85
Description
「研究成果報告書概要(欧文)」より
Related Report
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