L’euthanasie et le droit au refus de traitement à la lumière de l’évolutiondu droit européen comparé (France, Grèce, Suisse, Pays-Bas, Belgique, Espagne et Royaume-Uni)

The purpose of the present thesis is to stimulate a deep and comprehensive reflection not only on the issue of euthanasia in the strict sense of the term, but also on the full range of medical decisions concerning the end of life. It aspires to provide an overview of the European, national and supranational regulations, reflecting the interest that has been aroused for the subject. In this perspective, the present analysis adopts an approach to the problem of assisted dying following two substantially distinct ways. The comparative approach embraced in the first part strives to offer an overview of broader solutions envisaged by national and European legislators, as regards the issue of assisted dying. The second part, deeply imbued with the principle of respect for the patients' rights, intends to examine two other aspects of this "false choice", which we tried to avoid: the right to refuse treatment and the palliative care. Subsequently, the question is not about being for or against euthanasia, for or against palliative care. The reality is not so Manichean. Resulted from a critical analysis and the overtaking arguments about euthanasia, palliative care aims to take over the patient and to control the end of the life in a different way, fundamentally human. The safeguarding of human dignity and autonomy of the patient refers not only to the respect for the patients request for euthanasia but extends also to a respect for the right to refuse to consent to a medical intervention as well as to the provision of adequate palliative care.