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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.

Meredith T. Mariani

The Intersection of International Law, Agricultural Biotechnology, and Infectious Disease is an indispensable resource for practitioners and scholars interested in public health, food safety, or biotechnology. It provides a comprehensive overview of the science behind, and the general environmental frameworks addressing, GMOs. The book examines legal frameworks and perspectives for infectious disease and GMOs, as well as public health legislation, international trade legislation, and regulatory regimes. Finally, it provides critiques and proposals, arguing for a more connective approach for future regulation.

Genomics and Public Health

Legal and Socio-Ethical Perspectives

Edited by Bartha Maria Knoppers

When genomics and public health are integrated into society, it will create as many responsibilities as rights for citizens, researchers, and decision makers. Indeed, the expression of genetic risk factors in both common and infectious diseases is of great interest to public health. Policy development in this area then needs to tackle crucial themes such as: research and its application to public health and genomic medicine, the authority of the state, the right to privacy, and the roles and responsibilities of citizens and the State.
Considering the current fears of a world-wide pandemic, this book is a timely and insightful exploration of both research possibilities and the role of the state. It will help to understand the limits of possible state access to biobanks and data. It examines the issue of the possible use of newborn screening programmes by public health authorities. It also attempts to understand the protection of individual privacy and the public interest in the promotion of health and the prevention of disease. Moreover, do citizens have a say? Will public attitudes be different towards research in public health genomics compared to genetic testing?

Edited by Michael Freeman

This collection offers a series of essays highlighting many of the most controversial of contemporary issues relating to children, medicine and health care including the participation rights of children, genetic testing, male circumcision, organ donation, gender reassignment, the rights of autistic children, anorexia nervosa. Essays are written by a range of leading scholars across a range of disciplines. A number of the essays in this collection were previously published in the International Journal of Children's Rights.

Health Law, Human Rights and the Biomedicine Convention

Essays in Honour of Henriette Roscam Abbing

Series:

Edited by Gevers, Ewoud Hondius and Joep Hubben

In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened for signature.
This volume of essays, written in honour of Henriette Roscam Abbing upon her retirement as Professor of Health Law at the University of Utrecht, gives an overview of some of the most important issues raised by the Convention. In six parts, this volume discusses the basic concepts and leading principles; the provision of services; the rights of patients; research; human tissue and genetics; and the implementation of the Convention.

Pilgrims in Medicine: Conscience, Legalism and Human Rights

An Allegory of Medical Humanities, Foundational Virtues, Ethical Principles, Law and Human Rights in Medical Personal and Professional Development

Thomas Faunce

This arrestingly novel work develops a normative synthesis of medical humanities, virtue ethics, medical ethics, health law and human rights. It presents an ambitious, complex and coherent argument for the reconceptualisation of the doctor-patient relationship and its regulation utilising approaches often thought of as being separate, if not opposed (virtue-based ethics and universal human rights). The case is argued gracefully, with moderation, but also with respect for opposing positions.
The book's analysis of the foundational professional virtue of therapeutic loyalty is an original departure from the traditional discourse of patient autonomy, and the ethical and legal duties of the medical practitioner. The central argument is not merely presented, as bookends, in the introduction and conclusion. It is cogently represented in each chapter and section and measured against the material considered.
A remarkable feature is the use of aptly selected "canonical" literature to inform the argument. These references run from Hesse's The Glass Bead Game in the abstract, to Joyce's Ulysses in the conclusion. They include excerpts from and discussion about Bergman, Borges, Boswell, Tolstoy, de Beauvoir, Chekhov, Dostoevsky, Samuel Johnson, Aristotle, Orwell, Osler, Chaucer, Schweitzer, Shakespeare, Thorwalds, Kafka and William Carlos Williams. Such references are used not merely as an artistic and decorative leitmotif, but become a critical, narrative element and another complex and rich layer to this work. The breadth and quality of the references are testimony to the author's clear understanding of the modern law and literature movement.
This work provides the basis of a medical school course. As many medical educators as possible should also be encouraged to read this work for the insights it will give them into using their own personal life narratives and those of their patients to inform their decision-making process. This thesis will also be of value to the judiciary, whose members are often called upon to make normatively difficult judgments about medical care and medical rules.
The human rights material leads to a hopeful view of an international movement toward a universal synthesis between medical ethics and human rights in all doctor-patient relationships.

Edited by Silja Vöneky and Rüdiger Wolfrum

Since the cloning of human beings has become technically conceivable, a controversial ethical and legal debate on the desirability and admissibility of human cloning has evolved. The issue touches questions from different disciplines, such as biology, philosophy, theology and law. This book, although mainly focusing on the legal problems, therefore tries to find an interdisciplinary approach to this controversial subject. It contains contributions from philosophers, theologians, and a biochemist, as well as from national and international lawyers. In the first part, a philosophical and theological outline is presented by scholars considering the topic from different cultural and religious (Christian, Muslim, Buddhist and Jewish)viewpoints. Subsequently, the biological foundations are explained by leading scholars in this field. The final two parts are dedicated to the legal questions, considering first the situation under German constitutional law and then on the international plane. In the comprehensive Annex, the most relevant documents for the International (in particular from the UN), European and German legal systems are presented.

Populations and Genetics

Legal and Socio-Ethical Perspectives

Edited by Bartha Maria Knoppers

Genetic research and testing is not limited to individuals and their families. Increasingly, there is focus on communities and even whole populations. This raises legal and socio-ethical and issues that have not been addressed.
In this age of international biobanking involving populations, are current legal and ethical approaches sufficient? This book of selected papers covers population research and banking as well as accompanying confidentiality, and governance concerns. Possible commercialization, patents, benefit sharing, discrimination, and the role of patient organizations and of developing countries are also discussed. New perspectives and models are provided. The book concludes with a Statement of Principles on the Ethical Conduct of Human Genetic Research Involving Populations. Policymakers, academics, legislators and researchers will find this book to be current and controversial. The human genome may be mapped but the legal and socio-ethical debate is far from over.