Mineur et secret médical - Le secret sur son état de santé demandé par le mineur à l'égard de ses parents : de la reconnaissance d'un droit à sa mise en œuvre concrète

Since the law of March 4th 2002, the legislator has introduced a derogation from the principle of the parental authority with the article L. 1111-5 of the Public health code. It allows the minor to seek treatment without parental consent. However, another challenge in the practical implementation results from reimbursement of expenses incurred, with which the holders of parental authority will necessarily hear the medical care of their child. This oversight in the texts can prove problematic and may be a source of break of caring relationship even though the text is intended to apply to the most difficult situations, to afford quality medical care for minors. Such was the case for a 17-year-old minor who asked for medical treatment concerning his seropositivity without the knowledge of his parents, with whom the relationships were tense. This particular situation, which gave rise to an opinion of the National AIDS Council on January 15th, 2015, invites in a re-examination of the conditions of implementation of the article L. 1111-5 of the Public health code and in a reflection on the desirable evolutions from this dispensation to the parental consent.