Medical Law International最新文献

Challenges for the legislation enabling egg donation in Switzerland. 瑞士卵子捐赠立法面临的挑战。

Medical Law International Pub Date : 2024-09-01 Epub Date: 2024-09-19 DOI: 10.1177/09685332241269583

Andrea Martani, Nathalie Neeser, Nicolas Vulliemoz, Guido Pennings

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引用次数: 0

Book review: Not What the Bus Promised: Health Governance After Brexit 书评并非巴士所承诺的：英国脱欧后的卫生治理

Medical Law International Pub Date : 2024-08-09 DOI: 10.1177/09685332241269573

Edward S. Dove

引用次数: 0

Accessing third-party research databases for criminal investigations: Enhancing legal protections and safeguarding public interests 为刑事调查访问第三方研究数据库：加强法律保护，维护公众利益

Medical Law International Pub Date : 2024-05-23 DOI: 10.1177/09685332241256576

Hui Yun Chan, T. Lysaght, Xin Xiang Lim, Hui Jin Toh, Julian Savulescu

{"title":"Accessing third-party research databases for criminal investigations: Enhancing legal protections and safeguarding public interests","authors":"Hui Yun Chan, T. Lysaght, Xin Xiang Lim, Hui Jin Toh, Julian Savulescu","doi":"10.1177/09685332241256576","DOIUrl":"https://doi.org/10.1177/09685332241256576","url":null,"abstract":"Recent expansions in databases containing clinical, research, or genetic information have created opportunities for other uses which differ from their original purposes. Legislative changes in some jurisdictions broadening the powers of law enforcement agencies to access these databases for criminal investigations have renewed concerns regarding protecting public safety through DNA profiling for criminal investigations and defending individuals’ interests in protecting their personal information. This article addresses the ethical and legal considerations around the widening of law enforcement agencies’ powers to collect DNA information and potential access to DNA databases for criminal investigations, focusing on the recent developments in Singapore in comparison with selected jurisdictions. It advocates for a tiered access approach to third-party research databases for specific crimes only. A tiered access approach facilitates the aims of safeguarding public interests through appropriate exercise of access powers, protecting individuals’ expectations of privacy of their personal information contained in these databases and supporting the continued sustainability of third-party research databases.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"52 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141103212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: The Disability Bioethics Reader 书评：残疾生物伦理学读本

Medical Law International Pub Date : 2024-04-15 DOI: 10.1177/09685332241245547

Heather A. Swadley

引用次数: 0

Book review: The Right to Be Protected From Committing Suicide 书评受保护免于自杀的权利

Medical Law International Pub Date : 2024-02-29 DOI: 10.1177/09685332241234824

John Keown

引用次数: 0

Book review: Medical Doctors in Health Reforms: A Comparative Study of England and Canada 书评：卫生改革中的医生：英国与加拿大比较研究

Medical Law International Pub Date : 2024-02-27 DOI: 10.1177/09685332241234826

Siun Gallagher, Sabrina Germain

引用次数: 0

Zaozao Xu’s case: Chinese women’s appeal for the right to freeze their eggs 徐早早的案例：中国妇女呼吁获得冷冻卵子的权利

Medical Law International Pub Date : 2024-01-19 DOI: 10.1177/09685332231224585

Yuxin Li, Jingchen Zhang

{"title":"Zaozao Xu’s case: Chinese women’s appeal for the right to freeze their eggs","authors":"Yuxin Li, Jingchen Zhang","doi":"10.1177/09685332231224585","DOIUrl":"https://doi.org/10.1177/09685332231224585","url":null,"abstract":"China’s regulatory framework on assisted reproductive technologies (henceforth ARTs) has remained unchanged and unchallenged for over two decades, prohibiting unmarried women from accessing any form of ARTs. Section 1 Article 4(1) of the Ethical Principles for Human Reproductive Technologies and Human Sperm Banks explicitly stipulates that ‘couples who do not comply with national population and family planning laws and regulations and single women’ are prohibited from accessing ARTs. However, unmarried men are allowed to freeze sperm regardless of their marital status, constituting direct discrimination against women. Furthermore, significant legislative conflicts exist between local regulations and departmental rules in this area, hindering the consistent application of ART norms in China and substantially limiting the reproductive rights of Chinese women. Zaozao Xu’s case is the first case in China directly challenging the current prohibitive regulations on egg freezing and may signify a crucial turning point in China’s reform of ARTs legislation. This commentary provides an overview of the case and examines various issues associated with the existing regulatory framework, including the vagueness of the legislation and regulation, legislative conflicts in the current framework, deeply rooted discrimination against women, and the regulator’s problematic conception of ARTs. This commentary emphasises the urgent need for China to re-evaluate and reform its ARTs regulatory framework to allow unmarried women to access ARTs, or at least egg-freezing services as the first step.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"1 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139525482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pregnancy and severe mental illness: Birth choices, best interests and the untapped potential of advance decisions 怀孕与严重精神疾病：分娩选择、最佳利益和预先决定尚未开发的潜力

Medical Law International Pub Date : 2023-12-25 DOI: 10.1177/09685332231215403

Samantha Halliday

{"title":"Pregnancy and severe mental illness: Birth choices, best interests and the untapped potential of advance decisions","authors":"Samantha Halliday","doi":"10.1177/09685332231215403","DOIUrl":"https://doi.org/10.1177/09685332231215403","url":null,"abstract":"Choice is a central tenet of maternity care; its importance is emphasised in policy documents, clinical guidelines, and the law. However, the lived experience is often rather different and that is particularly the case in the context of pregnant women with a severe mental illness (SMI). The biomedical discourse is powerful and has successfully constructed pregnancy and birth as risky, as a procedure to be managed by experts using technology to ensure that nothing goes wrong. Within that already risky process, women with SMI are constructed as risky, rather than at risk, posing a risk to themselves and the foetus they carry, as well as to the healthcare professionals who care for them. It is not merely their treatment decisions that are questioned, but their very ability to make those decisions. The consequence of this is reduced choice for women with SMI who are cautioned to act responsibly, but where they fail to acquiesce and comply with medical advice, making the ‘wrong’ choice, their capacity is called into question and, if found to lack capacity, decisions about mode and place of delivery will be determined by someone else on the basis of that third party’s evaluation of her best interests, giving scant regard to her wishes. This article reviews the recent obstetric intervention case law, interrogating the discrepancy between the minimal weight attributed to the birth choices of pregnant women with SMI within the best interests assessment in comparison to the significance accorded to the wishes of non-pregnant individuals in other treatment contexts. It challenges the pregnancy exceptionalism evident in the case law and proposes the use of advance decisions as a tool for women to make birth decisions at a time when their capacity is undiminished, ensuring that their own choices, albeit expressed as refusals of treatment, determine maternity care.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"20 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139158283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

30th anniversary editorial: Reflecting on the past and paving the way for the future 30 周年社论：回顾过去，展望未来

Medical Law International Pub Date : 2023-11-15 DOI: 10.1177/09685332231213229

A. Alghrani, Paula Case, Marie Fox, Craig Purshouse

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Book review: Shedding Light on Racial Inequity in Health, in Conversation with the Author: Black Health: The Social, Political, and Cultural Determinants of Black People’s Health 书评:揭示健康中的种族不平等，与作者对话:黑人健康:黑人健康的社会、政治和文化决定因素

Medical Law International Pub Date : 2023-11-09 DOI: 10.1177/09685332231211914

Sabrina Germain, Keisha Ray

引用次数: 0