Concursul dintre starea de necesitate și dreptul la viațã de familie în cazul pacienților minori
The dispute between the state of necessity and the right to family life in the case of minor patients

Summary/Abstract: The risks with which the physician is confronted to in his professional activity are not only related to the scientific aspects of his intervention, such as, for example, the reaction of the patient's body to a particular type of treatment, but also the social and moral aspects it implies.Conditioning a medical intervention by the obligation to obtain the patient`s consent or the consent of his/her legal representatives, constitutes an important rule and a requirement of the lawfulness of the medical act, but it is not to be considered as an absolute rule, without exceptions.In cases of extreme urgency, the doctor has not only the right, but also the obligation to act to save the children, even in the absence of the consent of the parents.Consent or, on the contrary, the parents' refusal to submit their children to different procedures or medical interventions, is an important aspect of parental authority, which is part of the right to family life.If the parents` decisions are not circumscribed to the superior interest of the child, a principle which must govern the exercise of parental authority, the interference of the doctor with the right to family life is legally justified.The state of necessity regulated by the Romanian Criminal Code may constitute an application of the exception stipulated in the article 8.2 of the European Convention on Human Rights from the rule establishing the inadmissibility of interference in the right to family life.

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