Capacitatea de exercițiu a pacientului minor, privat de libertate, în custodia poliției penitenciare
Capacity of exercise of the minor patient, deprived of liberty, in the custody of the penitentiary police

Summary/Abstract: The problem of the capacity of exercise of the minor patient, deprived of liberty, has relevance for all types of penitentiary police units, which can keep minors in their custody, but also for the public health network, because all these institutions can face the problem of obtaining the consent for the execution of a medical intervention on the minor deprived of liberty. The minor patient in the custody of the penitentiary police enjoys the same autonomy, in relation to the expression of informed consent, as the free minor patient, according to the principle of equivalence, his right to health care being guaranteed, without any discrimination in relation to his legal situation. In reference to the problems regarding the capacity of exercise of the minor deprived of liberty, required for the consent to the medical act, there are applicable both legal norms of civil law, as well as norms of medical law and criminal executional law. In the penitentiary police units there can be found minors deprived of the capacity of exercise, respectively those up to one year old, cared for by their mothers in detention, minors with restricted capacity of exercise, who have already turned 14 and can be held liable under the criminal law, as well as minors who are 16 years old and who, according to the medical law, have the capacity to consent themselves for the diagnosis and treatment of sexual and reproductive problems, respectively minors who are 16 years old and have acquired full capacity of exercise as a result of marriage, or to whom it has been recognized, by the guardianship court, the full anticipated capacity of exercise. In order to avoid some possible obstacles, in order to provide prompt medical care for the minors deprived of liberty, which may be related to certain circumstances influenced by certain socio-economic characteristics of the backgrounds of the imprisoned population, it would be useful to supplement the executional-criminal law, within the meaning of the express regulation of the situations in which, in order to carry out the medical intervention on the minor deprived of liberty, he may express his consent by himself, as well as of the situations in which the minor, with limited capacity of exercise, may be subjected to medical intervention, with the consent of only one parent.

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