title: [The role of law in human rights: illustrations in the field of healthcare].
abstract: This work gives the opportunity to search where the law stands in the question of right in the philosophical modern and contemporain reflection. This step is not neutral because to accept a confrontation betwenn law and right, is also to choose putting down the following hypothesis, law is not right, although the proposal of the juridical positivism maintains that right exists only by law, even though right, it is what complies with law. When we assume that the right equals the law, we allow to maintain that law puts down a guarantee. This assumption is totally different from the law is the right. The boarder betwen the two ideas is very thin, changing according to ideological meanings and the relationships, thus there are questions on the maining and the shape. Reflection suggestions in the health field and more particularly the ones related to the decision-making process could be drawn from the essay dealing with the understanding of the norms on the individual or on groups of individuals.
authors.affiliation: Institut de formation en soins infirmiers, Erstein. m.liendle@ifsi-erstein.fr
authors.forename: Marie
authors.initials: M
authors.lastname: Liendle
mesh_terms: D028663:Ethical Theory; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D011634:Public Health