RESPECT FOR THE HUMAN BODY
LexInter | September 28, 2002 | 0 Comments

RESPECT FOR THE HUMAN BODY

CIVIL CODE
Chapter II: Respect for the human body
Article 16
(Law n ° 75-596 of July 9, 1975 art. 6 Official Journal of July 10, 1975) (inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 2 Official Journal of July 30, 1994 )

The law ensures the primacy of the person, prohibits any attack on the dignity of this one and guarantees the respect of the human being from the beginning of his life .

Article 16-1
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

Everyone has the right to respect for their body.
The human body is inviolable.
The human body, its elements and its products cannot be the subject of a patrimonial right.

Article 16-2
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

The judge may prescribe all measures to prevent or put an end to unlawful attack on the human body or unlawful acts relating to its components or products.

Article 16-3
(Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)
(Law n ° 99-641 of July 27, 1999 art. 70 Official Journal of July 28, 1999 in force on January 1, 2000)
(Law n ° 2004-800 of August 6, 2004 art. 9 a Journal Officiel of August 7, 2004)
The integrity of the human body can only be violated in the event of medical necessity for the person or exceptionally in the therapeutic interest of others.
The consent of the person concerned must be obtained beforehand except in the case where his condition makes necessary a therapeutic intervention to which he is not able to consent.
RIGHT TO GIVE CONSENT TO MEDICAL TREATMENT
Article 16-4
 

( Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)
(Law n ° 2004-800 of August 6, 2004 art. 21 Official Journal of August 7, 2004)
No one can harm the integrity of the human species.
Any eugenic practice aimed at organizing the selection of persons is prohibited.
Any intervention aimed at giving birth to a child genetically identical to another living or deceased person is prohibited.
Without prejudice to research tending to the prevention and treatment of genetic diseases, no transformation can be made to genetic characteristics with the aim of modifying the progeny of the person.
Article 16-5
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

Agreements having the effect of conferring a heritage value on the human body, its elements or its products are void.

Article 16-6
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

No remuneration may be allocated to a person who lends himself to an experiment on his person, to the removal of elements from his body or to the collection of products from it.

Article 16-7
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

Any agreement relating to procreation or gestation on behalf of others is void.

Article 16-8
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

No information that identifies both the person who donated an item or product of his or her body and the person who received it can be disclosed. The donor cannot know the identity of the recipient nor the recipient that of the donor.
In the event of therapeutic necessity, only the doctors of the donor and the recipient can have access to the information allowing their identification.

Article 16-9
(inserted by Law n ° 94-653 of July 29, 1994 art. 1 I, II, art. 3 Official Journal of July 30, 1994)

The provisions of this chapter are of public order.

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