- 作者：Sabine Bernheim ; Desvaux ; ; sabine.desvaux@free.fr ; Maî ; tre de confé ; rences habilité ; e à ; diriger des recherches en droit privé
- 关键词：Parental authority ; Consent (minor) ; Minor (consent)
- 刊名：Medecine et Droit
- 出版年：2011
- 出版时间：November-December 2011
- 年：2011
- 卷：2011
- 期：111
- 页码：221-225
- 全文大小：185 K
The emergence and development of the rights of the child, initiated by the international texts lead to consider the minor as a subject of law, endowed with freedom. Therefore, the child must be informed and participate in decisions that concern them. Act No. 2002-305 of 4th March 2002 concerning parental authority has taken note of this development. Parental authority is designed as a duty for parents that they must exercise in the interest of the child. But the parents do not have any authority over the minor, holder of rights, against or towards his parents. These principles were taken over by the public health Code and the consent of the minor to the Act or the medical treatment should be sought by the doctor. In the care relationship, the difficulty for the physician is to determine the value that should be given to the consent of the minor conflict between holders of parental authority and the minor. If parental leave to care remains the principle, the consent of the minor must be respected in a number of assumptions. But the legislature has passed under silence many acts for which the doctor will hesitate between parental permission and consent of the minor. He will then tend to make a report to the Attorney of the Republic so that a measure of educational assistance will be put in place by the judge of the children. However, the legal reality is much more nuanced and situations do not deserve to be stage.