@article{oai:fit.repo.nii.ac.jp:00000421,
 author = {大河原, 良夫},
 issue = {1},
 journal = {福岡工業大学研究論集},
 month = {Sep},
 note = {application/pdf, 論文(Article), This paper reconsiders the character and the limit of a right of medical treatment refusal of a patient. Can a patient refuse treatment(eg. on the grounds of his religious belief), although that refusal will ultimately result in the person’s death, or can a third person impose a duty of medical treatment against a patient’s will?.
According to the judicial precedent, the right of medical treatment refusal, which makes principle of Integrity or Inviolability of body or person the basis, has the following limits: first, in a relation with a doctor, when there is a risk of the patient’s death, this right is not accepted, and then in a relation with a third person with an interest, a patient may be unable to refuse an operation. This judicial precedent distinguishes an intervention by the gravity of the degree, and refusal of a risk-free usual medical treatment and operation is not allowed and considered as “faute”. This right has only relative character and such a limit. Also with transfusion medical treatment, it is supposed that it corresponds to the usual medical treatment, therefore, the refusal of a transfusion treatment is not accepted as “abus de droit”. A patient will hesitate at use of a right and will be daunted by such situation. This patient’s medical right must not receive such restriction, and probably, by giving a higher legal basis to it, this right must be constituted as a higher right.},
 pages = {95--120},
 title = {治療への同意拒否に関する司法判例理論の形成・展開－フランスにおける患者の自己決定権の研究（3）－},
 volume = {40},
 year = {2007}
}