Federal Supreme Court, Decision 2C_675/2019

28 February 2020 – The Federal Supreme Court decided that the lower instances did not breach the laws of the Canton of Geneva (article 9 LComPS) denying the appellants (parents) status of parties in the procedure before the Supervisory Commission to which they appealed after their daughter’s suicide, who was hospitalised at the University Hospital of Geneva (HUG).

The appellants argued that the assumption of the termination of therapeutic representation upon the death of their daughter contradicted the wording of article 9 LComPS, since the parents are competent to decide on their child’s care .
First, the Federal Supreme Court stated that patients’ rights are strictly personal rights that cannot be transferred. Furthermore, the Federal Supreme Court confirmed that therapeutic representation under Article 9 LComPS ends with the death of the patient.

The appellant’s complaint was therefore rejected.