Question 16144 — disqualifications and incapacities

Summary

Mr. Alexandre Allegret-Pilot draws the attention of the Keeper of the Seals, Minister of Justice, to the absence of creation of the national register of legal protection measures for adults, although provided for by article 427-1 of the civil code, since 2015. This deficiency raises a particularly worrying difficulty in the context of the application of the future law relating to “assisted dying”, that is to say euthanasia and assisted suicide. THE People placed under guardianship, curatorship or family authorization are subject to protection measures precisely because of their vulnerability. However, the guarantees provided by the legislator assume that health professionals are able to identify the existence of such measures before any procedure likely to result in the death of the person concerned. The persistent absence of a national register thus poses a risk of failure in the identification of people who should benefit from increased vigilance. However, the aforementioned article 427-1 provides that a national register of legal protection measures for adults must be created in order to centralize this information. More than eleven years after the adoption of this law, this register has probably still not been created. Also, he asks him why the Government has still not not applied a provision voted by Parliament in 2015, according to what timetable it intends to proceed with the effective creation of this register more than a decade late and what measures are currently planned in order to guarantee the systematic identification of people placed under guardianship, curatorship or family authorization in the context of euthanasia and assisted suicide procedures, to which the French are thrown by force. The Ministry of Justice having indicated that the establishment of this register was envisaged by 2029, it asks it to commit to ensuring that no provision relating to assistance in dying can come into force before this register is actually established and operational.

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