Nathalie DEFREL-BARALE

Senior health executive Paramedical
Auvergne-Rhône-Alpes
Assignment
  • Centre de recherche en droit et management des services de santé
    18 rue Chevreul
    69007 LYON
Research activities

Thesis in (health) law on the theme of the End of Life entitled: "End of life and will of the person". Currently in its 6th year, my research work deals with issues related to the rights of patients at the end of life (advance directives, the trusted person, the collegial procedure, sedation etc...). I question the person's will in the light of his or her vulnerability.

Context

The end of life is part of a legal order that stems from an evolution in positive law. Thus, the end of life, in France, has been the subject of two major laws, the law of April 22, 2005 relating to the rights of patients and the end of life[1] and the law of February 2, 2016 creating new rights in favor of patients and people at the end of life[2], which have clarified and strengthened the rights of patients at the end of life.

Method

Our research proposes to explore the complex debate around the end of life in France, analyzing the evolution of laws and policies on patients' rights at the end of life, euthanasia, assisted suicide, and palliative care over the past two decades.

The methodology envisaged will comprise two phases: the first phase will be dedicated to bibliographical research work, and the second will consist of field research in the form of semi-structured interviews with healthcare professionals.

Results

Our research highlights the decision-making autonomy of adults at the end of life who are capable of expressing their wishes, and questions the decision-making autonomy of minors, protected adults and people unable to express their wishes. Our work highlights the challenges linked to the implementation of palliative care, information, the training of healthcare professionals, the effective implementation of the existing law, while questioning the need for new legislation.

We will continue our research work by integrating the two bills relating to active aid in dying and palliative care.

[1] Loi n° 2016-87 du 2 février 2016 créant de nouveaux droits en faveur des malades et des personnes en fin de vie, JORF n° 0028 du 3 février 2016.

[2] Law no. 2005-370 of April 22, 2005 relating to patients' rights and the end of life, JORF no. 0095 of April 23, 2005.

Projects