Fundamental Protection of Individual’s Rights: Social and Patrimonial Aspects

This area of research gives individual’s protection a significant place.

Fundamental Protection of Individual’s Rights: Social and Patrimonial Aspects
  1. Bioethics
  2. Vulnerable Individuals
  3. Systemic and Professional Dimension of Social Welfare
  4. Patrimonial Protection of Individuals and Family

 Indeed, the notion of "fundamental protection" not only refers to the research in the field of fundamental individual’s rights and civil liberties, but also to all areas where an individual can be in a weak or a vulnerable position (legal capacity, contract law, consumer protection, criminal law, judicial law…). In this context, four themes have been identified.

Bioethics

Working on the individual’s protection could only lead IODE laboratories to be interested in bioethics. Indeed, even if bioethics focuses all its studies on moral problems linked to biomedicine, it involves jurists in ethical reflections about the regulation of biomedical practices. This situation eventually led the French legislator to adopt the so-called “bioethics’ law”!  
Since 1992, IODE’s researchers have been particularly interested in individuals’ protection (minors, women, sick persons…) dealing with biological and medical progress.
In this context, IODE has developed a national and international fame, thanks to the creation of the International Academic Network on Bioethics (under the direction of Mrs Brigitte Feuillet, IUF’s member), which undertakes an international and multidisciplinary study on a theme of biomedical ethics every year.
Research studies in comparative law are varied: from family biomedicine implications and human body protection principles – human dignity, non-ownership of the human body – to medical acts practiced on teenagers. Furthermore, this subject offers the opportunity of working with law and ethics reports, and, by the way, with ethics committees authorities.

Vulnerable Individuals

Legal mechanisms are interested in studying individuals’ vulnerability (young or elderly persons, according to their age), as well as their handicap and precarious situations, implementing protective rules and respecting their liberties and fundamental rights.
But, beyond this legal aspect, several problems, connected to vulnerability, need to be examined through the analysis of legal concepts related to philosophical and sociological topics, or the management of institutions receiving vulnerable individuals.
The originality of IODE researchers’ works consists in examining vulnerability concept through personal and patrimonial individual’s protection, which is guaranteed by rules of the private law as well as public policies.
That is why IODE has been successfully cooperating with the EHESP (School of Public Health) and the FHF (French Hospital Federation) on the protection of adults for a number of years.

Systemic and Professional Dimension of Social Welfare

Complementary Social security scheme for workers has been widely unexplored by specialists of the social law. It is characterized by a "fragmented" legal framework, a large influence of the European Union law and a considerable socioeconomic stakes.
Research studies within IODE are developing a global approach that takes into account all welfare systems (public or private insurances), all social risks (healthcare and pension systems), and all Social security aspects (in particular, those of workers). This involves both operating a normative analysis (especially measuring the influence of the substantive law of the European Union on national choices) and elaborating a systemic analysis between social security and complementary Social security schemes.
Another area of research consists in analysing stakeholders’ role, and especially that of companies, social partners, and insurance institutes. Research activities are often in accordance with a multidisciplinary environment (in particular, economics and political science).  
There are three scientific guidelines:

  • specialised works on Social security for workers for which IODE has acquired a significant reputation (thanks to published articles in specific reviews),
  • analyses on the substantive law of the European Union on Social security national systems compared to foreign systems. This research element is especially developed in the longstanding partnership agreement between IODE and the Max Planck Institute of Munich (several symposia and publications), 
  • multidisciplinary research on Social security systemic evolutions, in particular between mandatory health insurances and complementary private health insurance systems.

This kind of activity has been developed under a research contract context (Exploratory Projects for Primary Supports of the National Scientific Research Council, a contract with the French National Social Security School, an emerging challenge for the University of Rennes 1).

Patrimonial Protection of Individuals and Family

In this context, IODE will continue to develop research on institutional, conventional and quasi-conventional mechanisms which anticipate, prevent, correct, and impose all kind of penalties to heritage, in all its forms (incomes and capital), for singles, couples (marriages, partnerships, domestic partnerships), and kinship relations.    
The purpose of this research consists in mixing matrimonial property rights, inheritance, and donations, with national, international and European law (contract law, law of obligations, property rights, company law, business law…) in order to find appropriate solutions for the substantive law and make suggestions to experts involved in these subjects (in particular, notaries, lawyers, heritage management consulting).