Adoption and Assisted Reproduction in Germany

Legal Framework and Current Issues

Series:

Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

Other titles published in this series:
- Economic Consequences of Divorce in Korea, Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture, Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach, Clara Chapdelaine-Feliciati; isbn 9789004330870

Transplant Tourism

An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants

Terry O. Adido

Transplant Tourism: An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants explores the role that international and national laws must play in the prohibition and eradication of transplant tourism and proposes a three-stage legal model for the prohibition of the practices. Through the examination of international law norms, principles and instruments; laws and policies from several legal systems; and legal frameworks and models which currently prohibit a number of national, transnational and international offences, this publication focuses on the creation of a comprehensive soft law instrument on transplant tourism, a treaty on transplant tourism and unified national transplant tourism laws with extraterritorial application in accordance with the principles and spirit of the international law instruments.

Assisted Reproduction in Israel

Law, Religion and Culture

Series:

Avishalom Westreich

The main argument in this BRP is that assisted reproduction in Israel gives expression to and develops the right to procreate. It is a complex right, and therefore at times no consensus has been reached on the form of its actual application (as in the case of surrogacy and egg donation, and, from a different direction, in that of posthumous sperm retrieval). This right, however, despite the debates on its boundaries, is widely accepted, practiced, and even encouraged in the Israeli context, with a constructive collaboration of three main elements: the Israeli civil legal system, religious law (which in the context of the Israeli majority is Jewish law), and Israeli society and culture.

Series:

Edited by Malte Dreyer, Jeanette Erdmann and Christoph Rehmann-Sutter

Genetic Transparency? tackles the question of who has, or should have access to personal genomic information. Genomic science is revolutionary in how it changes the way we live, individually and together, and how it changes the shape of society. If this is so, then – the authors of this volume claim – the rules that regulate genetic transparency should be debated carefully, openly and critically.

It is important to see that the social and cultural meanings of DNA and genetic sequences are much richer than can be accounted for by purely biomedical knowledge. In this book, an international group of leading genomics experts and scholars from the humanities and social sciences discuss how the new accessibility of genomic information affects interpersonal relationships, our self-understandings, ethics, law, and healthcare systems.

Contributors are: Kirsten Brukamp, Gabrielle Christenhusz, Lorraine Cowley, Malte Dreyer, Jeanette Erdmann, Andrei Famenka, Teresa Finlay, Caroline Fündling, Shannon Gibson, Cathy Herbrand, Angeliki Kerasidou, Lene Koch, Fruzsina Molnár-Gábor, Tim Ohnhäuser, Christoph Rehmann-Sutter, Benedikt Reiz, Vasilja Rolfes, Sara Tocchetti

Human Rights, State Sovereignty and Medical Ethics

Examining Struggles Around Coercive Sterilisation of Romani Women

Series:

Claude Cahn

Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.

The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law

An Analysis of Health Related Issues in Non-international Armed Conflicts

Series:

Amrei Müller

In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts.
With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance.
It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.

Nordic Health Law in a European Context

Welfare State Perspectives on Patients' Rights and Biomedicine

Edited by Elisabeth Rynning and Mette Hartlev

This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region.

The book is divided thematically into three sections. The first deals with foundational and general issues of health law, the second with patients’ rights, and the third with issues related to advancements in biomedical science.
Part One includes two chapters on the relationship between health law and human rights, together with discussions on specific Nordic approaches to the organisation and regulation of health services, to constitutional protection of the right to health and to the legal discipline of health law, as such. One chapter provides an overview of the mission and tasks of the Nordic Committee on Bioethics. The section on patient’s rights deals with the development – or absence – of special legislation on the status of patients, but also with issues of coercive care and of cultural accommodation in health services, as well as the implications that assessments and decisions made in health care services may have for the patient’s right to other entitlements, e.g. sickness benefits. In the third section, on biomedical science, one author explores the concept of human dignity while another discusses the challenges facing European integration of biomedical research regulation. Specific topics, such as different approaches to biobank regulation and genetic privacy in family relations, are also addressed, and, in the final chapter, the legal status of deceased foetuses.

While the volume provides Nordic perspectives on health law, the issues discussed are general. The book should therefore be of great interest not only to readers wanting a better understanding of the Nordic situation, but also to anyone with an interest in the challenging health law issues facing society in our time. The authors are members of the Nordic Network for Research in Biomedical Law.

Edited by Marcia H. Rioux, Lee Ann Basser and Melinda Jones

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and policy to achieve positive outcomes for people with disabilities.
With a foreword of Professor Ron McCallum AO, 2010 Chair United Nations Committee on the Rights of Persons with Disabilities.

Self-Determination, Dignity and End-of-Life Care

Regulating Advance Directives in International and Comparative Perspective

Series:

Edited by Stefania Negri

This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.