De l'euthanasie aux soins palliatifs : la nécessité d'une réponse au-delà du strict droit positif

Claiming death as a “right” seems kind of cynical and morbid. And yet it is known that issues such as euthanasia, that would have once been part of religious or moral debate, are now addressed in courtrooms or parliaments by judges or legislators using mainly judicial concepts and mechanisms. Isn't it about time we stopped conceiving everything in terms of “rights”? As a rational construction, positive law has a relative value and cannot - nor should it moreover - define any situation related to human existence. Euthanasia, as a matter of existential nature, lies beyond the strict positive law and, for that reason, should not be subject to legal regulation. Instead of launching and relaunching the debate on the authorization of voluntary euthanasia or the physician assisted suicide therefore, we should focus on the better integration of palliative care in the health system. The palliative care that has a more prudent and solid proposition to make, adapted to the needs created by the arrival of the phenomenon of euthanasia. The palliative care that can provide the guarantee of the protection of the autonomy and the human dignity without relativizing the value of human life, nor questioning the fundamental principles of law.