Medmoune v. France, No. 55026/22, ECtHR (Fifth Section), 5 February 2026

National legislation that provides for the possibility of disregarding advance treatment directives for life-sustaining treatment through artificial support, where these are manifestly inappropriate in relation to the patient's clinical condition, as assessed by the doctor, is compatible with Article 2 of the ECHR.

Art. 2 ECHR

Art. 8 ECHR

1. The French legal system does not violate the European Convention and is compatible with the requirements of Article 2 of the ECHR when it provides, according to L. 1111-11 of the Public Health Code, for the possibility of disregarding advance treatment directives, previously and validly drawn up by the patient in order to be kept alive by artificial life support even in a state of unconsciousness, when they are considered manifestly inappropriate to the current clinical condition by the doctor or not in accordance with the specific case, subject to assessment and collegial decision, justified and notified to the guardian or family members.

2. Advance healthcare directives play a pivotal role in the legal system for the protection of the right to self-determination in healthcare; nevertheless, Article 2 of the ECHR does not require that absolute binding significance be attributed to such decisions, given the margin of appreciation granted to Member States, while it does require the protection of human dignity in order to avoid situations of unreasonable obstinacy, especially in conditions that are incompatible with or different from those envisaged by the patient.