Medical Law International最新文献_第3页

From clinical to judicial decision-making, and back again in Bell v. Tavistock? Preparing for the legacy of court involvement in gender care for minors 从临床决策到司法决策，再回到贝尔诉塔维斯托克案？为法院参与未成年人性别护理的遗产做准备

Medical Law International Pub Date : 2023-06-18 DOI: 10.1177/09685332231180037

Fae Garland, Edmund Horowicz, Georgina Dimopoulos, Michelle M Taylor-Sands

{"title":"From clinical to judicial decision-making, and back again in Bell v. Tavistock? Preparing for the legacy of court involvement in gender care for minors","authors":"Fae Garland, Edmund Horowicz, Georgina Dimopoulos, Michelle M Taylor-Sands","doi":"10.1177/09685332231180037","DOIUrl":"https://doi.org/10.1177/09685332231180037","url":null,"abstract":"Gender care for minors in England has recently been scrutinised by the courts and is currently undergoing significant transformation, shifting away from the long-standing centralised service provision model. Alongside this change, the World Professional Association for Transgender Health has recently published Version 8 of its Standard of Care, which introduces radical changes that shift away from age restrictions on medical interventions. This article considers what role judicial decision-making could, or should, play in this new era of healthcare provision for adolescent gender care, especially since Bell v. Tavistock. Despite Bell seemingly returning decision-making to clinicians, patients, and their families, we argue that the decision has left the door open in a way that threatens the autonomy and rights of gender diverse children. Through a comparative analysis with Australian case law, we demonstrate how and why uncertainties left by Bell may in fact lead to continued court involvement. Finally, we suggest several pragmatic responses that may mitigate the risk of unnecessary and time-consuming court involvement.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"209 - 240"},"PeriodicalIF":0.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45902105","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

Medicine, patients and the law 医学、病人和法律

Medical Law International Pub Date : 2023-06-06 DOI: 10.7765/9781526157188

Alex Ruck Keene, E. Cave, Rob Heywood

引用次数: 0

(How) is COVID-19 reframing interaction between the NHS and private healthcare? （如何）新冠肺炎是否重新定义了NHS和私人医疗保健之间的互动？

Medical Law International Pub Date : 2023-06-01 Epub Date: 2023-03-14 DOI: 10.1177/09685332231159362

Mary Guy

{"title":"(How) is COVID-19 reframing interaction between the NHS and private healthcare?","authors":"Mary Guy","doi":"10.1177/09685332231159362","DOIUrl":"10.1177/09685332231159362","url":null,"abstract":"In March 2020 a 'major deal' was struck between the National Health Service (NHS) and private healthcare sector to facilitate 'crisis' and 'continuity' responses to COVID-19. A further deal was struck in January 2022 to support the NHS in tackling the Omicron variant, suggesting that the pandemic was evolving, rather than definitively over. The legal basis for these deals was a Public Policy Exclusion Order, a temporary relaxation mechanism in UK competition law defined by a 'disruption period'. In a global pandemic, the 'healthcare disruption period' might be considered to be of a different scope and nature to short-term disturbances experienced in other sectors, such as groceries. This article examines the Public Policy Exclusion Orders issued in respect of health services in England and Wales, and the Collective Agreements notified under these between March 2020 and March 2021, and again in March 2022. Amid ongoing tensions surrounding 'NHS privatisation', this enables a timely analysis of whether the underlying relationship between the NHS and private healthcare may be changing in response to COVID-19, and how considerations of ethical frameworks are also relevant to this aspect of the pandemic response.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"138-158"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10015276/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45271814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The right to life at the end of life: A note on Mortier v Belgium App No. 78017/17, 4 October 2022 生命结束时的生命权:关于Mortier v Belgium App No. 78017/ 17,2022年10月4日的注释

Medical Law International Pub Date : 2023-05-15 DOI: 10.1177/09685332231172755

Stevie Martin

{"title":"The right to life at the end of life: A note on Mortier v Belgium App No. 78017/17, 4 October 2022","authors":"Stevie Martin","doi":"10.1177/09685332231172755","DOIUrl":"https://doi.org/10.1177/09685332231172755","url":null,"abstract":"The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state’s obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant’s mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual’s request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system’s a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134988450","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

The right to life at the end of life: A note on Mortier v Belgium App No. 78017/17, 4 October 2022 生命结束时的生命权:关于Mortier v Belgium App No. 78017/ 17,2022年10月4日的注释

Medical Law International Pub Date : 2023-05-15 DOI: 10.5040/9781472564009.ch-011

Stevie Martin

{"title":"The right to life at the end of life: A note on Mortier v Belgium App No. 78017/17, 4 October 2022","authors":"Stevie Martin","doi":"10.5040/9781472564009.ch-011","DOIUrl":"https://doi.org/10.5040/9781472564009.ch-011","url":null,"abstract":"The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state’s obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant’s mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual’s request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system’s a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45531547","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: Exploring the Spaces of Mental Capacity Law In Conversation with the Author: The Space of Mental Capacity Law: Moving Beyond Binaries 书评：《在与作者的对话中探索心智能力法的空间》：心智能力法空间：超越二进制

Medical Law International Pub Date : 2023-05-09 DOI: 10.1177/09685332231172331

R. Reed-Berendt, B. Clough

{"title":"Book review: Exploring the Spaces of Mental Capacity Law In Conversation with the Author: The Space of Mental Capacity Law: Moving Beyond Binaries","authors":"R. Reed-Berendt, B. Clough","doi":"10.1177/09685332231172331","DOIUrl":"https://doi.org/10.1177/09685332231172331","url":null,"abstract":"In England and Wales, the Mental Capacity Act (MCA) 2005 provides the legal framework to determine whether an adult lacks capacity to make a decision for themselves, and if they do, what course of action should be taken in accordance with their best interests.1 The MCA purports to empower adults with ‘mental impairments, or disturbances in the functioning of the mind or brain’, to take decisions for themselves, and to protect them where they are unable to do so. Yet, the powers that the Act grants to its decisionmakers are significant, and under the auspices of best interests, individuals deemed to lack capacity may see care arrangements made for them which deprive of them of their liberty, or treatment imposed on them against their wishes. The operation of the MCA has attracted criticism for its failure to recognise the relational nature of human decisionmaking,2 the prevailing dominance of medical decision-makers,3 and its focus on the lives or persons with disabilities. Clough’s book4 adds to this growing body of feminist and disability scholarship by analysing mental capacity law through the lens of assemblages. This focuses on the conceptual spaces and context of mental capacity law, the norms that are created and/or reinforced through it, and the impact on the individuals that capacity law affects. In each chapter, the book calls attention to the binaries which the legislation relies upon and how they are reinforced in its interpretation and application. Clough forcefully argues that","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"189 - 199"},"PeriodicalIF":0.0,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45521981","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: 1

Book review: Consent for Medical Treatment of Trans Youth 书评：《跨性别青年医疗同意书》

Medical Law International Pub Date : 2023-05-06 DOI: 10.1177/09685332231172411

Rita D’Alton-Harrison

{"title":"Book review: Consent for Medical Treatment of Trans Youth","authors":"Rita D’Alton-Harrison","doi":"10.1177/09685332231172411","DOIUrl":"https://doi.org/10.1177/09685332231172411","url":null,"abstract":"What do we know about trans identity other than how medicalised and politicised it has become? Steph Jowett seeks to debunk the myth that the law is fully conversant with the issues affecting trans youth. As the book demonstrates, even reliance on the prescient nature of medical knowledge does not guarantee that the current legal framework is sufficiently equipped to protect the rights of individuals within this group. Jowett establishes her position at the outset as a supporter of medical treatment for trans youth, describing legal obstacles to medical treatment as contributing to the denial of trans identity. In chapter two of the book, she takes us through the known research in this area and notes that there is a lack of longitudinal research studies that could provide consensus on the current debate about trans rights and whether those rights should be curtailed in any way. Although the book provides us with a useful navigation through the available data and research studies, no firm conclusions can be drawn about the longterm benefits of medical treatment. When reading this chapter, one begins to wonder whether it may be easier to reflect on what we do not know about the experiences and rights of trans youth or to assess what we cannot say with any certainty. For example:","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"200 - 205"},"PeriodicalIF":0.0,"publicationDate":"2023-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44513211","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

The test of availability of medical treatment 医疗可用性测试

Medical Law International Pub Date : 2023-04-28 DOI: 10.1177/09685332231167147

A. Sarela

引用次数: 2

Human rights and foetal impairment grounds for abortion: Crowter v Secretary of State for Health and Social Care [2022] EWCA Civ 1559 堕胎的人权和胎儿损伤理由：Crowter诉卫生和社会保健国务秘书【2022】EWCA Civ 1559

Medical Law International Pub Date : 2023-04-24 DOI: 10.1177/09685332231167103

Zoe L. Tongue

引用次数: 0

Interoperability and governance in the European Health Data Space regulation 欧洲健康数据空间法规中的互操作性和治理

Medical Law International Pub Date : 2023-04-24 DOI: 10.1177/09685332231165692

P. Terzis, (Enrique) OE Santamaria Echeverria

{"title":"Interoperability and governance in the European Health Data Space regulation","authors":"P. Terzis, (Enrique) OE Santamaria Echeverria","doi":"10.1177/09685332231165692","DOIUrl":"https://doi.org/10.1177/09685332231165692","url":null,"abstract":"The proposal for a regulation on the European Health Data Space (EHDS) is a much-awaited project. It aspires to create a harmonised framework – a common European data space – for the administration of health data (primary use) across Member States and the promotion of healthcare research and innovation (by establishing rules for the secondary use of health data). As such, although the EHDS proposal is a legal document, in its essence, it includes provisions that introduce not only legal, but also institutional, and technical-infrastructural changes. Overall, together with the Regulation 2017/745 on medical devices, the Data Governance Act (DGA), the Data Act, the AI Act, and the General Data Protection Regulation (GDPR), the EHDS proposal will complete the regulatory canvas for the use of health data in the European Union. Although we are supportive of the EHDS initiative, there are aspects of the proposal that require further debate, reconsideration, and amendments. Following previous work on potential power asymmetries encapsulated in the Proposal, in this commentary, we focus on the provisions of/for interoperability of the Electronic Health Record (EHR) systems (Ar. 14–32) as well as the provisions on the structure of Health Data Access bodies and their cross-border organisation (section 3). We recommend a series of amendments to orientate the EHDS project better to its constitutive goals: the promotion of public health research and respect for the rights of the individuals.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48909440","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