[Is it necessary to found an exemption from the medical secrecy concerning the health of politicians?].
In its book " The great secrecy", Dr. Gübler revealed that President of French Republic, Franpois Mitterrand, had lied on his cancer as of his accession with the capacity. 1981 to 1994, Dr. Gübler was the personal doctor of the President of French Republic, deceased on January 8, 1996. The great secrecy was diffused on January 17, 1996. French Justice ordered the interruption of its diffusion on January 18, 1996. The recourse led to a compensation for family of President. However, the European Court of the Humans Right (CEDH), May 18, 2004, condemned France retaining that the general and absolute character medical secrecy could not attack the freedom of expression and to the right to knowledge by the Nation of the truth on health of its former President of Republic. The CEDH however approves initial prohibition but not the maintenance of this prohibition, 9 months later. The great secrecy remained interdict in France until 2004 and was republished at the beginning of 2005. Dr Gübler was condemned for violation of medical secrecy and was erased Order of the doctors, decision confirmed by the Council of State. This story started again the medical, legal and political debate around the medical secrecy concerning politicians. In September 2005, President of French Republic, Jacques Chirac, was hospitalized after a cerebral vascular accident. Communicate were regularly published on its health, but questions were asked concerning medical activity under these conditions.
Manaouil
C
C
Consultation de Médecine Légale, C.H.U. d'Amiens, France.
Gignon
M
M
Jarde
O
O
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D030881:Disclosure / Q000331:legislation & jurisprudence; D005060:Europe; D005062:European Union; D005602:France; D005610:Freedom; D006304:Health Status; D006801:Humans; D028701:Patient Rights / Q000331:legislation & jurisprudence; D011057:Politics