Dissertations / Theses on the topic 'Droits des patients – Algérie'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droits des patients – Algérie.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Ghalem, Leila Ilhem. "Les conflits avec les patients dans les établissements publics de santé algériens : contribution à analyse et construction d'outils de gestion." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0289.
Full textPublic healthcare institutions provide a fertile ground for conflicts to arise between patients and healthcare professionals. The practice of hospital care, becoming increasingly technical and dehumanized, has significantly deviated from the evolving expectations of patients and the ideals of caregiving. In this changing landscape, patients, asserting themselves as rights-holders, aspire to take an active role in their treatment plans. They demand full disclosure about their health status, the ability to make informed decisions regarding their therapy, and the receipt of safe and dignified care. These demands have sparked profound transformations in the healthcare relationship, both in philosophical and legal realms, leading to a legislative framework that encompasses new patient rights. However, these changes have also shifted the healthcare dynamic towards a conflict-laden scenario marked by expressions of discontent and, in certain instances, even violent incidents. This has resulted in unique disputes that leave both patients and healthcare providers unsatisfied with the resolution. Confronting this reality, a thorough analysis of the underlying causes of these conflicts and the implementation of specific regulatory tools have become pivotal objectives. This thesis aims to deeply examine the driving forces behind these conflicts and to propose innovative regulatory mechanisms that align with Algerian law
Atoui, Mohamed. "Les droits de la victime dans le procès pénal en Algérie." Perpignan, 2009. http://www.theses.fr/2009PERP0858.
Full textTalbi, Halima. "L'instruction en procédure pénale algérienne et les droits de la défense." Paris 2, 1990. http://www.theses.fr/1990PA020006.
Full textBecherirat, Ali. "La pratique des droits de l'homme en Algérie de 1830 à 1962 : La présente étude est menée conformément aux dispositions françaises relatives aux droits de l'homme et du citoyen français." Strasbourg, 2010. http://www.theses.fr/2010STRA4036.
Full textThe annexation of the Algerian territory as a part of France should have been followed by the integration of Algerian native population to French legal system. According to the Art. 1 of 1865 Sénatus-consulte: «The native Muslim is French; however he will remain governed under Muslim rules». Nonetheless, in practice, Muslims were not subjected to any law, the governor became the << legislator>> and the penal exception system was assigned to extra-judicial bodies. Civil liberties were not even considered under a regime based on discrimination and racism, the occupant’s maintained Algerian territory under permanent state of emergency and the colonial education was undergoing to a big failure. The occupants should have authorized cultural associations in order to fill the lack of primary education; instead they used security as an argument to drawn civil liberties and ignore popular Algerian claims. On May the 8th 1945, Algerians organized a protest, the colonizers repressed protesters and non-protesters using methods non compatible with the maintenance of public order, which was the purpose of the mission. Since then, the armed conflict became the only way for Algerians to regain their freedom under the charter of the U. N. The occupants put in place the state of siege, strengthened law enforcement and planned no protection strategy for the Algerian civil population; some intellectuals, unionists, and French officials unveiled the atrocities committed against the Algerian population, the colonial regime did not hesitate to criticize the French who struggled against colonial injustice. Colonial History should not be considered as an obstacle in between Algerians and Frenchs. Nevertheless the law established on February the 23rd, 2005 could become a new cause of mistrust between the two countries
Sambron, Diane. "La politique d’émancipation du Gouvernement français à l’égard des femmes musulmanes pendant la guerre d’Algérie." Paris 4, 2005. http://www.theses.fr/2005PA040155.
Full textLa thèse traite de la politique d’émancipation du gouvernement français envers les femmes musulmanes en Algérie depuis le début du XXème siècle et au moment de la guerre d’Algérie. Cette politique est menée conjointement par les pouvoirs civils et militaires français. Ils mettent en place un ensemble d’actions pour améliorer le statut de la femme, dans le domaine juridique, de la citoyenneté, de l’éducation et de l’insertion professionnelle. L’accélération de cette politique se justifie dans le contexte de la guerre d’Algérie où les femmes deviennent un enjeu politique et militaire pour le FLN et la France. Il s’agit d’une part d’intégrer les musulmanes à la société française de couper le FLN de sa base active féminine et d’autre part, pour le FLN, de s’assurer le soutien de la population dans la lutte nationaliste et de conserver sa base active. Le gouvernement harmonise le statut personnel des femmes avec les lois civiles françaises. Il permet aux femmes d’accéder à la citoyenneté. Il développe la scolarisation des jeunes filles. De son côté, l’armée mène un programme d’action psychologique destiné aux femmes, afin d’obtenir leur adhésion à l’Algérie française. Cette politique de la France envers les femmes suscite l’opposition du FLN, contraint de définir à son tour sa conception de l’émancipation des femmes. Après la guerre, une partie des mesures adoptée par la France pour libéraliser le statut des femmes est maintenue, jusqu’à l’abrogation de l’ensemble de la législation française dans les années 70. Cette thèse est largement réalisée d’après les archives françaises
El, Gadhafi Hamida. "La protection constitutionnelle des droits de l'Homme dans le monde arabe : étude comparée (Maroc, Algérie, Tunisie, Égypte)." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100048.
Full textThe constitutional protection of human rights in the Arab world is based on a complex process of democratization that has accelerated after the Arab Spring of 2011. The emergence of human rights is a strong political project in all the countries that are the subject of our study (Tunisia, Egypt, Algeria, Morocco) and shows us that the democratic concept, in its universalist sense, is not incompatible with Islam. The constitutionalization of human rights remains a major contribution of the constitutionalist movements that have made the constitution a supreme norm of the rule of law. Despite the instrumentalization of constitutions by Arab leaders and the misuse of the state of emergency, we are witnessing the growing role of the constitutional judge in the protection of fundamental freedoms (constitutional control) under the watchful eye of civil society and international community
Boumaza, Assia. "Hospitalisation psychiatrique et droits de l'homme /." Paris : Éd. du CTNERHI : diff. PUF, 2002. http://catalogue.bnf.fr/ark:/12148/cb389244920.
Full textZemirli, Zohra Aziadé. "Le statut juridique des minorités religieuses en Algérie." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D033.
Full textA mostly Sunni Muslim country -of Malaki rite -Algeria nonetheless presents a religious plurality. This plurality exists within Islam, with the presence of Ibadis and Shias. Ahmadis only appeared in the Algerian legal landscape in 2016, after a series of arrests. As for non-Muslims, if the presence of Jews and Catholics is part of Algeria's history, that of evangelical Protestants only acquired a real visibility after a press campaign reporting mass conversion in 2004. An ordinance setting conditions for public worship of other cults than Islam was then adopted in 2006, before being approved by a law. Through the study of the legal status of religions minorities, a broader interrogation about the place of freedom of religion in Algeria can be raised. How is this freedom guaranteed ? Is it de jure, in view of the Algerian Constitution and Algeria's international commitments, or is it also de facto? To what extent are the 2006 ordinance and the provisions of the Penal Code implemented regarding offences against Islam ? Are arrests and convictions of citizens for proselytism or offence against Islam an indication of the willingness of the authorities and of the Algerian judiciary to fight against the presence of religious minorities and to maintain Islam's status as the state's religion ? This thesis seeks to show that despite the state's refusal to qualify legally non-Muslims as religious minorities, these groups do meet the definition of minorities given by international law. It also analyzes their status in contemporary Algerian law, both in the public sphere -religious references in the Constitution and collective public worship -and in private law -persona! status, including inheritance rights and the penalization of certain behaviors. As a conclusion, some leads towards reforms are suggested in order to improve the legal status of religious minorities in Algeria
Mokhtari, Mourad. "Le principe de la liberté et la problématique du pouvoir en terre d'islam : le cas de l'Algérie : état et droits de l'homme : une possible symbiose ou une réelle antinomie ?" Perpignan, 2004. http://www.theses.fr/2004PERP0543.
Full textPapin-Lefebvre, Frédérique. "L’organisation du dépistage des cancers en France : éthique et droits des patients." Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D008.
Full textAccording to WHO, organized screening is based on the voluntary participation of subjects who are recruited into the population through screening campaigns. In France, two are organized by the government: breast cancer screening and colorectal cancer screening. The aim of this thesis was to study by an ethical and forensic approach, the French organized programs for cancer screening.Ethical values of national screening programs are subject to European recommendations. In France, they are available in documents attached to the legal texts implementing screening programs. Some others texts more general, frame this practice in France.Detailed in a report published by INCa, the ethical analysis of organized screening program for breast cancer points the need to optimize patients’ information and to strengthen the position and role of the referring health professional, from the entry in the screening to the eventual output to the care.The study of GPs’ preferences in the organization of screening for colorectal cancer shows that issues related to patient information and procedures for collecting of consent, as well as patient monitoring, play a real impact on their adherence to the program, in terms of forensic risk
Chibane, Ibtissem. "Les mères célibataires en Algérie, entre précarité et exclusion : « cette petite graine qui a germé en moi »." Electronic Thesis or Diss., Bourgogne Franche-Comté, 2022. http://www.theses.fr/2022UBFCC026.
Full textAlready handicapped by the environment (patriarchy, Islamic society, etc.), Algerian woman initially suffered from inequalities and a status inferior to that of man. Battles for dignity and justice launched in the 90s have allowed some progress in the protection of their rights, but remain very insufficient.If she goes against the ancestral codes traced, making her the guarantor of the honor of the family, she will be doubly punished. She will experience the trauma of an unwanted pregnancy, self-exclusion from the family circle, loneliness, forfeiture, precariousness, for many others, prostitution, or in the worst case, an honor killing that could save the reputation of her violated family.51 single mothers told us about their story, their anguish, their hopes of getting out of it, and in our turn, we analyzed their testimonies, to understand the theme, to verify the postulates which allowed us to confirm that younger, without education, coming from a rural or a precarious environment, they will have the misfortune to experience motherhood out of the marriage. The abandonment of the baby will be another confirmation of another postulate.Their life course also gave us the opportunity to go over adjacent themes, such as the taboo that we have defined as another factor of exclusion, the unspeakable that must be broken in order to get out of it better, resilience, the only way to rebuild herself. We also skimmed over related subjects such as the help of associations, the adoption of abandoned children, and unfortunately other more dramatic life courses, such as prostitution, or worse, honor killings to avenge the affront of the dishonor brought to the family.Single motherhood is an individual life course following the breaking of an unwritten ancestral contract, made by men, for men, and to the detriment of women, to guarantee the honor of a community. This individual course will become a fact of society, involving state institutions, associations, women's movements, journalists, intellectuals, etc. But also retrograde movements that do everything to stop the few advances and delay the other fights. But an essential fight has already been won: making public a taboo debate, and giving women this new breath of struggle for their rights and the improvement of their equalitarian status
Lattouf, Ziad. "La mise en oeuvre de l'accord d'association en Algérie - Union européenne dans les perspectives du respect des droits de l'homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30002.
Full textThe Algerian-European association, signed on 19 December 2001 in Brussels and enforced on 1 September 2005, represents a partnership in terms of human rights. Sett off by the Barcelona Declaration of 27 & 28 November 1995, it nowadays serves as the best model for a genuine implementation of human rights in the field of assocation agreements. Inspired by Euro-Mediterranean policy whose objective is the promotion as well as protection of human rights, as stated in the universal declaration of human rights, it affects the parties, domestic and international policies and represents and essential element in the implementation of the Algerian-European association agreement. Is there a genuine implementation of the Algerian-European association agreement in the perspective of the respect of human rights? And what are the means used for that propose?
Lajeunesse, Marine Ferracci Laëtitia. "Etude des relations entre troubles exécutifs et troubles de la pragmatique chez trois patients cérébrolésés droits." [S.l.] : [s.n.], 2008. http://castore.univ-nantes.fr/castore/GetOAIRef?idDoc=43301.
Full textHennette-Vauchez, Stéphanie. "Les droits de la personne sur son corps autour du moment de la mort : contribution à l'analyse théorique de la validité juridique des droits." Paris 1, 2000. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/9782296350465.
Full textBenzimra, Séverine. "L' accès à la fonction publique en Afrique de nord de 1918 aux indépendances : L'exemple des PTT." Montpellier 1, 2008. http://www.theses.fr/2008MON10004.
Full textTherouse, Fabienne. "Le dossier du patient." Amiens, 2009. http://www.theses.fr/2009AMIE0050.
Full textTenenbaum, Annabelle. "Droits des patients et éthique en odontologie : évaluation des représentations des compétences professionnelles lors de la mise en place d'un enseignement." Paris 5, 2011. http://www.theses.fr/2011PA05T049.
Full textThis research follows the introduction of educational reforming in the dental faculty of the University Paris Descartes. Aim: The study looks for assessing the reaction of students after ethics thought and evaluating the influence of a 2 years ethics courses. As an other purpose, the study screens the way to developing a dental ethics education program. Materials and methods: Questionnaire were distributed to second, third and sixth year students and to the teachers thru the intranet school. The questions were used to assess the participants' ability to formulate concepts relating to the Act of March 4, 2002 and the principles of biomedical ethics as Beauchamp and Childress. The use of clinical vignettes offers the possibility to confront the participants to practical situations. Results: 250 students (75%) and 49 teachers (38%) participated. Students at the beginning of their studies are more interested in the human components of the care relationship. Students at the end of their studies and teachers consider their role more through the medical aspect of care. The concepts of autonomy and beneficence lead to confusion. The promotion, which benefited from the teaching of ethics, is distinguished from the other promotions. Conclusion: The implementation of such teaching requires the involvement of teachers and the support of the university and hospital. This education project must be deployed in the future and evolved, in terms of content and form, to best suit the needs of students and the benefit of patients
Chapeau, Pierre-Yves. "Le droit de la beauté médicalisée." Paris 8, 2004. http://www.theses.fr/2004PA083576.
Full textThe aesthetic surgery or, in other words, the subjective concern to perfect its physical appearance, is attested since the Ancien Egypt. The aesthetic surgery, or surgery of the appearance, differing from the exclusively plastic surgery and “restauratic”, constitutes a discipline the sphere of activity of which is vast. One objective is the restoration of the correction of the appearance considered as unsightly of tegumentary envelope and its internal structures, if need be. The attempts of the profession of aesthetic surgeon seem insufficiant letting remain a derogatory regim for acts real time in application of this speciality. The will of profil which indeed animates the professionnals represents an obstacle drimant in the integration of their speciality in the common law, even when the medecine underwent an evolution imposing on her to give up the critérion « thérapeutique définitoire » of the motive. The obstinacy of connections between général regime and derogatory regime so recovers from an evident but inequitable paradox
Bonne-Harbil, Aurelie. "Les droits de la personne détenue en matière de santé." Thesis, Université de Lorraine, 2016. http://www.theses.fr/2016LORR0262.
Full textUntil recently, society has been largely unconcerned with the health of detainees. For centuries, the penal system has been dominated by the brutality of corporal punishment. Despite a decrease in the suffering inflicted on offenders, the use of detention as the main punishment of common law has not removed the afflictive character from the punishment due to its harmful influence on the physical and mental condition of the detainees. However, the health of the detainees has recently emerged as an issue of public health. The sanitation of penal institutions and the progressive organization of care for the detainees have resulted in the transfer of the detainees’ health care from the public penitentiary system to the public hospital system. This integration of the common law health system seeks to guarantee a standard of care to those detainees that is equivalent to the standard of care enjoyed by the general population. Initially deprived of rights regarding health, the detainee was then recognized with rights that were afforded to all patients. However, if given the particular vulnerability of detainees, special protective measures are implemented, the fact remains that the effectiveness of detainees’ rights regarding health comes up against the constraints of order and security in prisons.Moreover, in order to support the recognition of detainees’ rights regarding health, jurisdictional guarantees intervene to ensure the respect of those rights. The intervention of the European Court of Human Rights reinforces the guarantee of those rights taken from national texts. The influential protection of the European Court of Human Rights which establishes the legal standard necessary to safeguard the health of detainees and recognizes the right to an effective remedy, forces the national court to comply with the European case law. Thus, the national court not only intervenes to condemn any infringement of the detainees’ rights in terms of health, but also to order the release of the detainees when no other guarantee allows to assure the respect for their rights
Dubuis, Amanda. "Les droits du patient en droit de l'Union Européenne." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1078.
Full textPatients and their rights have been increasingly talked about within EU institutions, which may surprise as this subject is so remote from the Communities’ original focus. In the absence of specific legal competence, both fundamental rights and the internal market have been tapped into by EU institutions. There is so much interest in this field that there now exists a real profusion of norms (consisting of both soft and hard law sources) impacting upon the accessibility and intelligibility. Our analysis eventually offers a codification whose ambition is to make patients’ rights as recognised by EU legislation more readable. Moreover, resorting to the theory of fundamental rights enable us to ascertain whether or not recognised prerogatives constitute real individual rights. The interest in patients’ rights contributes to the effectiveness of their protection all over the EU. However, on account of the distribution of competences between the Union and member states, effectiveness actually operates on two levels : the cross-border dimension of healthcare is particularly favourable to the reality of rights inherent to this situation while effectiveness is not so straightforward for those who have no specific links with mobility. In light of this, research has turned towards the question of improving effectiveness whose prospects are more or less fruitful depending on the nature of the obligation which rights give rise to for those they are aimed at. All in all, this analys entails consideration of the existence of a legal status for patients and proposals intended to further reinforce the place of patients and, therefore, the safeguarding of his rights
Behrens, Ronaldo. "Le système de santé brésilien et les droits des usagers." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20014/document.
Full textAfter 25 years of existence, the Brazilian health-care system shows good results, mainly because our population's social condition has improved, mostly through the advent of currency stability and State organization and, also, through the transfer of income to the poverty-stricken populations. Nevertheless, despite having been created from a people-driven movement (the so-called sanitary movement) and having citizen participation as one of its tenets, the Brazilian health-care system does not allow for a direct contribution by the users who, in view of the system's serious structural problems, have been demanding further participation, which can be seen through the increase in number of lawsuits against the public and the private systems and against professionals and hospitals. To face up to this problem and make the participation of the citizen an effective one, we take this opportunity to introduce the French system to the Brazilian system, to encourage further exchange between these two countries and draw on the former for inspiration on the evolution of the latter, specifically with respect to some aspects of Kouchner Act dated March 4, 2002
Collot, Jacques. "La construction d'un espace social au féminin par les mobilités quotidiennes : le cas du nord-ouest algérien." Thesis, Paris 4, 2016. http://www.theses.fr/2016PA040043.
Full textThe present thesis is about the appropriation of public space by Algerian women, as seen through the prism of their daily mobility in the north western region of Algeria ; with, just beneath the surface, the strategies of skirting round day to day living restraints which lead to the creation of a social space for women.Until the end of the « dark years », Algerian women’s place in public was not obvious; it is now, even if questioned by many. It appears very clearly that public transport was one of the vectors for women’s emancipation, meaning in this context: the right to social equality. Its dynamism, combined with an offer more adapted to people’s needs, made access to emancipating resources easier: education, work, community life, initiatives of all kinds. Although its impact remains generally unknown, from a statistical or sociological point of view, it represents for millions of women a way to liberate themselves from patriarchal shackles. Indeed, it is only one factor among others, but without its dynamism, there would have been a social bottleneck. In a region where journies on foot are limited by poor pedestrian facilities and climatic conditions. As to journies on two wheels, they are practically inexistent for cultural reasons. Even though more and more Algerian women arepassing their driving test, there are still relatively few using this means of transport.Starting with north-western Algerian « wilaya », we will examine the condition of women in public transport. What are the real consequences of women’s mobility on the evolution of their status in Algerian society ? Could this new community basis, completely unforeseeable a few years ago, constitute a step towards deeper social change ?
Lacoste-Vaysse, Guillaume. "La protection des données de santé à caractère personnel : pour la reconnaissance des droits du patient." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10047/document.
Full textPersonal data is omnipresent on the internet and their economic importance is growing. For the information society services such as search engines, social networks, or online shopping sites, they have become indispensable. These services appear as essentially free for users, but actually have a particular economic model: the monetization of personal data of users in exchange for free access. The new data processing necessity an original governance by law
Fontaine, Marie. "Les droits et les obligations du patient face à l'assurance maladie." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB201.
Full textAs an essential character in the health care law, the patient is the cornerstone of the French health care system. But the French Health Insurance, which is the financial base of this system, is often ignored in the studies dedicated to the patient. Nevertheless, a real concept of an insured patient has emerged from the French health care system. Consequently, the connections between health care law and health insurance law have to be questioned. Furthermore, the rights owned by this insured patient seem to have corollary duties ; understanding the combinations between these rights under the health care law and health insurance law is unavoidable, as well as the necessary research and qualification of related duties. In the end, it appears that the research of these rules reveals a particular conception of the health care system
Chouaibi, Meriam. "Droits du patient : étude comparée entre la France et la Tunisie." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1055.
Full textThe french legal system attaches great importance to patient rights, mainly through the law of 4 March 2002. This text was constructed to place the patient at the center of the device and assigning the rights to as a subject of law. This idea is almost absent in tunisian law. In Tunisia, legislation on the rights of patients is inadequate : the rights of patients are devoted so scattered in several legal texts. It is true that the tunisian legislature has defined certain rights for patients. However, these legislative consecrations do not allow us to confirm the idea that the patient is the center of the medical relationship, particularly because medical paternalism still finds consecration in Tunisia. The comparative study showed some convergence between the two legal systems but also important differences. Thus, for a country like Tunisia, whose health system confronts severe difficulties not only its infrastructure but also the legislative, the code of public health in general and the law of 4 March 2002 for the rights of patients, particular, can be an effective source for in-depth changes. However, if in France the Law of 4 March 2002 occupies a prominent place in the corpus of rules of health law, there is no denying that the patient's rights today facing implementation difficulties. Even if the concern of the french parliament was to maximally protect the rights of patients, some flaws still to report
Daubech, Lin. "Le statut de l'usager du service public hospitalier." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40016.
Full textGarbacz, Laure. "Les problèmes éthiques et juridiques de la prise en charge du patient face à l'émergence de nouvelles pratiques médicales." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D014/document.
Full textIn the health care system two complementary models of patient management exist: On the one hand, the biomedical model applies the analytic methodology of exact sciences. Schematically, "being sick" is simplified as having a disease, i.e. having a "morbid entity" within the body that the health professional will need to identify. This model, typically taught in medical schools, is limited by the fact that it does not take in consideration the patient globally, but rather focuses on the organ, which is considered as an object. On the other hand, the biopsychosocial approach takes into account the relationships between biological, psychological and social aspects of the disease. According to this model, the clinical evolution of the patient is not solely determined by the biological factors, but also by the forms of collective life and co-constitutive psychosocial life events of the subject, as well as by the structures and values that characterize the community. In recent years, patients have been claiming that a change in the biomedical logic of patient management is needed and wish to be a central concern by adopting a biopsychosocial logic. However, the scientific advances of the so-called "modern" medicine have allowed the emergence of new practices that may change and significantly affect the current management of patients. Indeed, even if the therapeutic patient education (TPE) meets the concerns of supporting the psychosocial aspect and the psychological reality of the patient, telemedicine, in contrast, tends to dehumanize the caregiver / patient relationship. Both have become priorities of the public health system, although not without raising numerous questions, which could be insufficiently taken into account by the actors responsible for their implementation. The main objective of the research is to identify the various ethical and legal challenges brought by these new forms of patient management
Phitkhae, Niramai. "L’accès aux soins : comparaison des systèmes français et thaïlandais." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10066/document.
Full textThe right to access to health care is considered, on the one hand, as a fundamental right of people, both international and national level. This right has a constitutional value in both France and Thailand, in the Preamble of the French Constitution and in many different articles of Thai Constitution. On the other hand, the right to access to health care is seen as a public service that calls the state to step in and take charge. The establishment of a French system to ensure the right to access to health care is primarily attached to the system of social security. The latter is a huge health insurance system that covers much of the French population, including active people, while in Thailand; access to care is implemented by three main categories: social security, health insurance for civil servants and other public officials, and universal health coverage, also known as the National Health Insurance. With these three categories, the government can now provide up to 92.5% of people, allowing them access to health care. The question of the implementation of a health insurance system represents a major challenge for access to care of the population both in France and Thailand. Our research will conduct a comparative study in health law and social protection law, of France and Thailand, which is based on legal, health and social base used to systematically analyze the health system and the health insurance system in France and Thailand. This comparative study will, we hope, help to improve the health insurance system in Thailand
Ihout, Sophia. "Approche comparative des soins psychiatriques et des libertés individuelles des patients en droit français et anglo-américain." Thesis, Paris 8, 2019. http://www.theses.fr/2019PA080034.
Full textToday, the quality of psychiatric care represents a public health issue. More than one person in four is exposed to mental disorders throughout his / her life. Care can be provided in mental institutions (inpatient care) or in the city through medical consultations (outpatient care). Psychiatric hospitalization can be voluntary or forced but it must respect some important criteria in order to enforce his fundamental rights and civil liberties. Indeed, psychiatric care cannot be separated from the exercise of the patient’s rights. Yet psychiatry did not always have a good reputation. Accused of being useless and dangerous to the sick, psychiatric care is deeply associated with the use of contention. Poor health conditions in mental institutions and physical abuse have undermined the standing of psychiatric care throughout the 19th and 20th centuries: enchainment, molestation, humiliation, malnourishment of the “insane”, use of seclusion, sedation and physical contention (restraint straps), etc. The institutional psychotherapy and the antipsychiatric movements have emerged in order to put an end to these forms of abuse and improve the quality of care and health conditions in mental institutions. Nowadays, the purpose of these currents of thoughts is to ensure the patient’s fundamental rights and improve the standard of care. Mental institutions must not constitute a place of confinement and segregation. Quality of care must be associated with the exercise of rights such as the freedom of movement in and out of the hospital, the right to correspondence or to refuse a treatment, etc. However, recent cuts in the financial resources of hospitals create great difficulties regarding the quality of care and the respect of patients’ rights: staff reduction, CCTV implementation, patient seclusion in their own room, etc. French, British and American laws will be compared in order to tackle their resemblances and differences regarding involuntary hospitalization. Our subject will also include inmates and homeless people suffering from mental disorders and their medical care when available. Access to care is especially difficult for these patients due to their precarious situation or the resistance of prison authorities. Then, medication safety and efficiency will be addressed: indeed, it constitutes the first source of psychiatric care along with mental institutions
Di, Fazio Sophie. "Approche juridique des obligations et des devoirs des personnes hospitalisées." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10040.
Full textMedical relation is in permanent mutation due to technical evolutions or mentality changes. Patients have been awarded rights by the Charter of hospitalized people's rights that make them major partners in the medical relation taking a more and more active role. These rights have profoundly marked the minds of health professionals who feel stigmatized by a consumption and proof society. The trust relation loses its interest for the benefit of information, obtaining consent, dignity's respect and confidentiality. Talking about obligations and duties is not insignificant. This concept has a dual interest in view of the context and the stakes of our society and it could naturally find a scope in the sanitarian field, especially during hospitalization. The real question is to know if, in the latter case, obligations and duties dependent on the hospitalized people exist. A first approach will permit to search for answers, while a second approach will try to list obligations and their possible penalties. To draw a parallel between the rights and obligations of hospitalized people should finally permit to link practitioner and patient, to balance the relation and so to acknowledge a counterbalance to the rights, a complement not an opponent to the Charter. Still, these obligations have to be known
Kwilu, Landundu Hubert. "Santé, précarité et VIH/SIDA à Kinshasa : sociologie de la maladie et de la prise en charge des patients en République Démocratique du Congo." Thesis, Montpellier 3, 2015. http://www.theses.fr/2015MON30030.
Full textThis study aims at shedding some light on the social realities of HIV/Aids that doctors and patients associations face, and on the patients' representations and beliefs in Kinshasa, Democratic Republic of Congo. In order to do so; we bring an analysis of the different therapeutic trajectories of these patients confronted with difficulties due the lack of access to health care and proper medical information about their disease.Thus, the absence of a coherent health policy in a country with 70 billions of citizens,among whom 12 billions of them live in Kinshasa itself, constitutes an impediment for implementing different strategies in which social workers (doctors, associations, partners) try to against HIV/Aids.The health care system, supposed to help creating concrete actions in combating this disease, still remains not efficient enough and fails to assist patients.Given the wait see attitude of public authorities towards health, the economical crisis and the demography growth, Kinshasa has become place where the HIV/Aids contamination rate grows exponentially
Quintane, Emilie. "Les relations contractuelles et extracontractuelles en matière médicale : regards croisés franco-espagnols." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0036.
Full textSince the early ages, doctors and patients are bonded together under the lens of trust, principle that has suffered tribulations faced with the increasing litigiousness in the caring relationship and the professional medical practice changes.The rise of tourism as well as the creation of the first transborder hospital play an important role in this phenomenon, and show that from now on the patient does not hesitate to cross the borders in order to benefit from high quality medical care. The study of contractual and extra-contractual relationships in the medical field falls within a context of close collaboration between France and Spain. It reveals an entanglement in the interactions between public and private health care facilities, healthcare professionals, health care services insurance providers and the patient.Thus, it is difficult to identify the nature of the relationships federating them, as well as the practicable compensation system. The patients’ rights impact and the search for high quality medical care in both transborder countries explain the contractual aspect of the relationship and bring in a new point of view in favour of unitary qualification. The institutional approach must be given priority through the constant insertion of French and Spanish legislators, regarding the accomplishment of medical care as well as the medical damages compensation, but to which degree?
Chaabna, Karima. "Spatio-temporal description of AIDS-related cancers incidence in north and sub-Saharan Africa and of mortality in HIV-infected patients in Algeria and hepatitis C prevalence in patients with non-Hodgkin lymphoma in Algeria." Thesis, Lyon 1, 2013. http://www.theses.fr/2013LYO10105.
Full textMorgante, Victoria. "Le droit à la protection de la santé des personnes détenues." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2077.
Full textSubstance abuse, rape among fellow prisoners, needle exchanges, deplorable hygiene, psychiatry, old age in prison: the prisoner is a " person at risk due to his environment". Nevertheless, prisoners, who are users of a public service, must not be deprived of the capacity to claim their fundamental human rights. The protection of health is a human right, linked to a duty of the state which must ensure it. No one can harm the health of others, not even a penitentiary etablishment.In this context, the Public Health and Social Protection law of January 18 th, 1994 was a real turnaround in custodial spheres. It gave responsibility for prisoner’s health to the public hospital service. Yet, although this law was a great step forward in the effective recognition of prisoners’ rights, the reconciliation of the imperative of security with the respect of such rights still poses problems today. The issues today go beyond the simple medical aspect. They achieve the basic principles of criminal law and procedure both at national and European level.Indeed, under the impetus of international and European developments, our law has acquired a status for prisoners, including that of the right to health protection, which has become a fundamental right. However, if this development has enabled considerable progress in the effectiveness of the right to care for detainees, difficulties remain and have been revealed even today by the health crisis linked to Covid-19, since the right to protection of health must be reconciled with the imperative of security.While health-related issues are now included in the case law of the Court of Cassation and the European Court, the harmonization of this law with criminal law must however go through an affirmation of the protection of the rights of the detainee. This protection must be twofold: substantive and procedural.Being a subjective right, the right to protection of the prisoner’s health should take into account the differences with that of the free population. It demands positive discrimination in terms of procedural guarantees, in particular the right to an effective remedy. Despite the loss of autonomy that detention entails and its security imperatives, the detainee who finds himself in a suitable legal situation must be able to seize the procedural opportunities.For issues such as the responsibility and the behavior of fault-committing health care providers, risk exposure factors related to prison and law enforcement, or to the responsibility of the prison authorities, are among these legal situations If prison health care workers are to work in close conjunction with the prison administration, the courts must also be involved so that the medical condition of the detainee can be taken into account in all their decisions and sentences can be individualized. However, the particular context of prison time and confinement makes it difficult to implement these substantive and procedural principles: the health crisis linked to Covid is a recent perfect example
Gabriel, Aurélie. "Le mineur, quel acteur de santé ?" Paris 5, 2011. http://www.theses.fr/2011PA05D001.
Full textThe March 4th, 2002 law pertaining to patients’ rights and the quality of health care carved a special status for underage children. Indeed, the law sets up enhanced patient’s rights specifically designed for minors. The minor child is endowed with the right to receive medical information delivered in a manner consistent with his maturity. The child is further endowed with the right of consent consistent with his exercise of free will and ability to partake in the decision process. As a result, the child being under the legal age for majority does not systematically exclude him or her from the decision making process. Whereas the minor was traditionally excluded from the doctor-patient relationship in favor of his parents, he is henceforth granted to right to be an active participant to his own health care decision. To assimilate the minor’s patient right to legal competency would however be inaccurate. Indeed, the child’s own rights evolve with general patient’s rights. While such rights apply to him, the child nevertheless cannot exercise them for lack of legal competence. Exercise of those legal rights usually rests with the parents or legal guardians until such time as the child reaches the age of majority or is emancipated. Two kinds of rights thus show concomitant evolutions : Children specific rights they only can exercise, and general rights to be exercisedby parents or guardians. The entire problem consists then in determining the influence of these own rights on the general rights and to deduct the place from it and the role realities of the minor as actor of health. The challenge therefore consists in determining the influence of specific over general rights in the context of a minor’s health care decisions. As a general rule, the minor remains a decision maker within a framework. In principle, the exercise of parental general rights has priority over that of children specific ones. Yet, the law ensures the minor child’s right to his own health decision making. Children’s access to self-determination in health care does however conflict with the lack of legal competency, so that it allows in fine every minor to become an autonomous health care decision maker. From then on, it seems convenient to introduce a health care decision making authority increasing with age, leading to an early competency to make health care decision. Following the example of foreign legislation, the age of majority for health care could be set to thirteen
Bouvet, Renaud. "Liberté du médecin et décision médicale." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G021/document.
Full textThe doctor's decision-making freedom is a necessary condition of medical practice, which allows the practitioner to direct his practice to the whole interest of the patient. This must not mask the native asymmetry of the medical relationship, unbalanced by the doctor’s exclusive possession of knowledge and expertise. However, the patient’s rights limit the medical power derived from knowledge. This is according to the terms of this relationship that the doctor's decision-making freedom comes out. The decision procedure ensures its acceptability and protects the patient against its arbitrariness, via the requirements for consultation and motivation. It is considered in a plural dimension leading to a systemic decision. The content of the decision is to be analysed in terms of purpose and relevance. Its purpose is medical necessity, which, at the option of socially devoted desires recognized by the law, sees its scope expanded beyond the protection of health, with a risk of instrumentalisation of medicine. Its relevance is based on the mobilization of standardization tools whose effects are ambivalent about the decision-making freedom, and which are a preferred means of control of the merits of the decision for the judge
Hazif-Thomas, Cyril. "La liberté de choix des personnes faisant l'objet de soins psychiatriques." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G013/document.
Full textWe cannot separate a relationship’s care based on trust from the raising of patient’s ability to freely express his decisions, the core capability of health relationships. If the goals in access of care and patient’s rights protection are clearly laid down, the issue about the freedom of choice of the mentally ill person is still subject to caution. The French legislative texts do not specify a clear boundary about the inability to consent to the care and it is up to the doctor to approve of its validity. The consent, valued by modern sanitary democracy, is disputed by the need for mental security but is consolidated by the search for a therapeutic alliance. The permanence of a conflicting situation explains the confrontation between a defense of the human Rights, hic and nunc, and a free choice assertion by the society
Fragkou, Roxani. "L' euthanasie et le droit au refus de traitement à la lumière de l'évolution du droit européen comparé : (France, Grèce, Suisse, Pays-Bas, Belgique, Espagne, Royaume-Uni)." Strasbourg, 2010. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/l-euthanasie-et-le-droit-au-refus-de-traitement-a-la-lumiere-de-l-evolution-du-dro-it-europeen-compare-9782848743677.html.
Full textThe purpose of the present thesis is to stimulate a deep and comprehensive reflection not only on the issue of euthanasia in the strict sense of the term, but also on the full range of medical decisions concerning the end of life. It aspires to provide an overview of the European, national and supranational regulations, reflecting the interest that has been aroused for the subject. In this perspective, the present analysis adopts an approach to the problem of assisted dying following two substantially distinct ways. The comparative approach embraced in the first part strives to offer an overview of broader solutions envisaged by national and European legislators, as regards the issue of assisted dying. The second part, deeply imbued with the principle of respect for the patients' rights, intends to examine two other aspects of this "false choice", which we tried to avoid: the right to refuse treatment and the palliative care. Subsequently, the question is not about being for or against euthanasia, for or against palliative care. The reality is not so Manichean. Resulted from a critical analysis and the overtaking arguments about euthanasia, palliative care aims to take over the patient and to control the end of the life in a different way, fundamentally human. The safeguarding of human dignity and autonomy of the patient refers not only to the respect for the patients request for euthanasia but extends also to a respect for the right to refuse to consent to a medical intervention as well as to the provision of adequate palliative care
Rigal, Loïc. "Le droit des médicaments orphelins en Europe." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCB179.
Full textResearch in the field of diseases without an existing treatment is governed by several requirements defined by the European legislator in Regulation (CE) No 141/2000 of 16 December 1999 on orphan medicinal products. Patients with rare and neglected diseases have the right to "the same quality of treatment as other patients" which means taking the necessary incentives to stimulate research, development and bringing to the market of appropriate medications". It is a "priority area". After designating the drugs concerned, the European Union wants to "avoid the dispersion of limited resources", in particular by promoting "cross national co-operation". In a teleological approach, this research analyses the positive law endeavouring to implement the objectives of Orphan Drug Law. It describes the effects of European legislation without ignoring the receipt of this law by the Member States. Theoretical foundations that can ensure a better performativity of the law, as well as concrete proposals to conform the positive law to the intention of the legislator and to the stakeholders' wills are proposed. By focusing solely on the leverage of intellectual property rights, this special and incentive law does not seem to be able to provide patients with many of the expected treatments. Competition regulation and setting of the price which is a national competency perpetuate a high profitability threshold, often withholding research projects from reaching the development phase. Access to orphan drugs remains very limited. A paradigm shift in the construction of this law appears necessary in order for a favorable economic model to emerge. The profit of the industry's pharmacists should no longer depend on the conquest of market shares, but on the value of their inventions for unmet health needs
Dahdouh, Fadi. "L'ostéopathie, quel chemin vers une profession de santé ?" Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD001.
Full textOsteopathy is no longer considered as an illegal practice of medicine after the Act of the 4th of March 2002. However, following the 2007 decrees, the legislature created a shared title be-tween physicians and non-physician, without creating a health profession. Its controversial nature and its ambiguous regime have put the osteopathy in unique position in the French health landscape. The texts define a title, not a profession. The recommendations of the World Health Organization encourage the recognition of complementary medicine and Europe via its guidelines incites to recognize a pro-regulated profession. In France, the rule is often born of practice and the reality must be faced by the rule. Without forgetting the fact that the patient must remain primarily the engine, the main axis and the benchmark that should animate law-yers, professionals and legislators
Chevalier, Sébastien. "Refus d'un acte médical et liberté individuelle." Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0088.
Full textThe right to refuse a medical act, a corollary of the principle of consent to care, reflects the expression of individual freedoms and respect for the physical integrity of individuals. However, the affirmation of this right does not appear to be self-evident: it amounts to admitting the deterioration of a person’s health whereas the purpose of medicine is to achieve the healing of a patient. Moreover, like all fundamental rights and freedoms, nuisance to others is a limit to the application of the right to refuse a medical act. If temperaments are provided for, the limitations of the said right are susceptible of degrees: failure to comply with the legislative provisions relating to compulsory vaccinations results in the prohibition of access to the public school service and exposes the offender to criminal sanctions. In this case, the physical integrity of individuals is not affected since there is no possibility of forced injection. On the other hand, the principle of consent to care is called into question in two cases. On the one hand, when the patient’s vital prognosis is at stake, interventions can be given by force; this applies to blood transfusions intended for a Jehovah’s Witness patient. On the other hand, the right to refuse a medical procedure can disappear when people suffering from mental disorders are hospitalized without consent. However, strengthened safeguards have recently been put in place: new procedural rules that are more protective of fundamental freedoms are being applied and the judicial wall is more efficient. Consequently, restrictions on the exercise of the right to refuse a medical act are justified in the name of safeguarding public order, the definition of which is extensive
Bérard, Karine. "Les soins psychiatriques sans consentement en droit contemporain." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3043/document.
Full textThe legal regime of the psychiatric care without consent, and the relevant legal provisions that surround it, are the direct consequence of the long-term development of the society in managing the mentally disabled people. This process of maturing, which reflects the delicate balance between the respect for fundamental freedoms and the imperatives of public order, mainly explains the rather belated recognition of these vulnerable patients as real subjects of rights. Through the law n°2011-803 of 5 July 2011 and the law n°2013-869 of 27 September 2013, the legislator maintained the model of care and medical administrative system without consent, dating from the nineteenth century. Nevertheless, through these last two reforms, the system has been attenuated by the introduction of a mandatory control of the liberty and custody judge and expanded these medical cares at the ambulatory. This system is characterised by its own duality in terms of admission rules: the request for care on demand of the representative of State (S.D.R.E.) on the one hand, and of a third party (S.D.T.) on the other hand. These two sets of procedures themselves are subdivided in a plurality of actions, each one justified on various purposes: urgency, absence of a third party, factual circumstances, existence of a serious public disorder or threat to the safety of individuals… Even if the legal regime for the medical care without consent is supposed to provide an appropriate care for each and every specific situations, often these policies are actually set for opportunistic reasons and do not always match reality. The disputes resulting from this exception legal regime demonstrate the many human rights violations suffered by the concerned patients. For these reasons, some tidying up can be envisaged. The latter would involve the merging of the two sets of procedures, the issuance of measures by the judge himself and a strengthening of the protection of civil rights and freedoms, provisions which will have to be surrounded by more effective safeguards and stronger controls
Alquier, Isabelle. "Le statut du patient hospitalisé en établissement de santé privé." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32018/document.
Full textThe French healthcare system relies on a public-private dichotomy. This difference in legal status is reflected in the actual provision of healthcare, as patients have the right to choose their preferred type of hospitalization with private sector hospitalizations now becoming predominant in France. However, patients must be granted the same rights regardless of which type of hospital they have chosen, due to the fact that patients' rights are fundamental rights, and for some of them they are constitutionally guaranteed. The implications of the specific nature of private hospitals raise questions about a potential disparity in the application of patients' rights, which would result in a different status for patients entering private hospitals
Sferlazzo-Boubli, Karine. "Le droit et les soins psychiatriques non consentis." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0390.
Full textMental disease is a public health challenge that questions about the fundamental rights and freedoms of people with it. Mental disease can disrupt the discernment of patients. It sometimes requires the application of specific legislation whose purpose is to protect, through care and confinement, the person himself and others. People with mental disorders are not only sick, but also subjects of the law. They must have the same rights and fundamental freedoms as any other person and, above all, they require the same guarantees when, out of necessity, they are restricted. Their freedom to come and go, their private life and their dignity are particularly exposed. The question is whether, in the light of human rights reflections, their infringement is always justified and whether the guarantees offered for their protection are effective with regard to the people with mental disease. The concepts of consent and dignity need to be revised so that they can extend to this category of patients and can effectively protect them. While progress has been made to guarantee fundamental rights and freedoms, much remains to be done for people suffering of mental disease and deprived of their liberty because of the care they require
Cano, Gavaudan Nicole. "La démarche éthique dans les pratiques psychiatriques institutionnelles : de l'implicite à l'explicite." Thesis, Aix-Marseille 2, 2010. http://www.theses.fr/2010AIX20711.
Full textThis work tries to identify the issues encountered in the practice of psychiatry, and to propose reference points likely to clarify thinking from an ethical perspective. We initially examined institutional psycho-therapy, an open and humanistic movement of hospitals, and deliberated the topic in light of ethical medical concepts ; in return, we hoped to interpret ethical principles in the field of psychiatry. This approach placed the accent on the experience inherent in the illness, inter-subjectivity and the institutional context. Secondly, a study conducted via semi-directed discussions among 12 hospital psychiatrists revealed that collective practices are not oriented towards the accountability of patients. The third part dealt with two surveys of hospitalized people. A qualitative study explored the perception of seclusion by 30 patients : they predominantly show negative affects and an experience of being deprived of information. Then, a questionnaire survey showed the opinion of 169 patients on the procedure and effects of a hospital stay ; their rating was over-whelmingly favourable. The confrontation of opinions by psychiatrists and hospitalized patients, compared with the three fundamental principles, revealed the primacy of a benevolent dimension, to the exclusion at times of autonomy and non-maleficence. The ethical dimension of care must continue to be queried and re-asserted unceasingly. To this end, we will continue to discuss and interrogate the pertinence of a questioning tool of practices that would validate the patient’s viewpoints
Mandy, Caroline. "La prison et l'hôpital psychiatrique du XVIIIe au XXIe siècle : institutions totalitaires ou services publics ? : contribution à l'étude de la privation de liberté en France et du paradigme de l'institution totalitaire." Phd thesis, Nantes, 2011. https://archive.bu.univ-nantes.fr/pollux/show/show?id=b6ed5aa1-d508-489a-bb04-916d7b6b8748.
Full textSince the French Revolution in 1789, depriving persons of their freedom by locking them up has become the automatic answer of public authorities to penal and psychiatric matters. This institutional solution to the social problems of delinquency and insanity is organised around a new paradigm : the "total institution". This standardising model tramples on persons, their dignity and their rights ; nevertheless prison and psychiatric total institutions remain the tool society chooses most of the time to keep its "disturbing" persons apart. The shock of the Nazi abuses added to this dehumanising instrumentalisation of inmates triggers a new fervour for the human rights and brings to light, with the destruction of the totalitarian model, the more flexible paradigm of public service and its "rules", a priori conductor of a protecting framework for individuals ; it does not mean to renounce to deprivation of freedom but to give a humanist framework of action to manage these cases. Thus, the inmate holds rights specific to successive citizenship recognised to persons in time. But, the evolution is neither linear nor finished. Deprivation of freedom, in its triangular relations between person, society and institution, remains the latent prey of all securitarian tendencies, to the detriment of the rights of the concerned persons. Behind the theory, the democratic challenge is, for society, to accept the levelling up of these rights ; their adaptation must no longer be used as a disguise to take their fundamental rights away from inmates
Issa, Ahmad. "La responsabilité médicale en droit public libanais et français." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00831491.
Full textBerthet, Anne-Charlotte. "L'acte médical imposé." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1024.
Full textAlthough health legislation has always advocated and protected the freely-entered-into doctor/patient relationship, many exceptions to free and informed consent have come to cloud this classical medical relationship. Compulsory medical treatment must be studied as a stand-alone legal concept if one is to identify the legal rights and responsibilities of each of the 'players' in this treatment. The objective of this conceptualisation is to draw out a stand-alone legal framework which would guarantee the rights and freedoms of the individuals concerned whilst guaranteeing the interests of Society. To reach this objective, this thesis endeavours to unify and clarify the nature of compulsory medical treatment with a view to attaining a unified, easily-read and stand-alone system to be used by legislators whether for private or public law purposes. It is therefore only as a result of a cross-disciplinary study of all compulsory medical treatments (which are 'exploding' in all spheres of the law) that this thesis is able to propose modifications to many laws and codifications in order to take into account the 'exceptions' which today are so numerous that they cannot be considered as such
Nieto, Adrien. "La vie privée à l'épreuve de la relation de soin." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD024/document.
Full textThe existence of legal mechanisms for the protection of privacy under common law is irrefutable. Those that the patient can claim during the care relationship remain unclear. The specific nature of this relationship, and the physical and moral impairments to privacy that are consumed in it - look, touch, nudity and the exchange of private information - justify a special framework and specific protections, existing but repensable, for accompany the stakes posed by the evolution and the modification of the care relationship. The emergence of new actors in health, with their own aspirations, undoubtedly modifies the objective and consequences of this relationship. Health data, an underestimated component of privacy, in that it n° longer passes only from the patient to the healthcare professional - and vice versa - must be framed, both the economic and political stakes associated with it . The "value" of privacy must be refocused, at a time when consumption, instantaneous exchange of information and “publicy” seem to have taken precedence over it
Pham, Ngoc Thanh Tam. "L'offre des soins médicaux dans l'Union Européenne." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G019.
Full textEuropean Union member states have faced growing challenges in health care provision, such as: an aging population, an imbalance between supply and demand for care, and the rising cost of new medical technologies. Physician mobility could be a response to these challenges in the context of the right of free movement of workers within the European Union (EU). This thesis examines the validity of these responses from a typology of countries representing ideal-type health systems in the EU (France, UK, Italy and Romania). If economic variable (amount of compensation) plays a key role in the migration, it is adjusted according to the characteristics of the delivery of health care organizational models of health systems. Noting the diverse response of EU member states to these challenges, the study offers some thoughts on improving the medical migration flows based on the following key elements of European health law: right to freedom of movement of salaried physicians, freedom of establishment and freedom to provide services for physicians in private practice, equivalence of diplomas and coordination of various social security systems