Medical Law International最新文献_第4页

A different kind of death? Barts NHS Trust v Dance and Battersbee 另一种死法?bart NHS信托诉Dance and Battersbee

Medical Law International Pub Date : 2023-04-19 DOI: 10.1177/09685332231159363

B. Lyons, M. Donnelly

引用次数: 0

Autism and the draft mental health bill in England and Wales: Unintended consequences? 自闭症与英格兰和威尔士精神健康法案草案:意外后果?

Medical Law International Pub Date : 2023-03-23 DOI: 10.1177/09685332231158740

P. Beazley, Helen Dewson, Michael Butler, Simon Le Marquand

{"title":"Autism and the draft mental health bill in England and Wales: Unintended consequences?","authors":"P. Beazley, Helen Dewson, Michael Butler, Simon Le Marquand","doi":"10.1177/09685332231158740","DOIUrl":"https://doi.org/10.1177/09685332231158740","url":null,"abstract":"The Draft Mental Health Bill for England and Wales proposes a range of changes to the Mental Health Act 1983. Among these is a proposal to amend the definition of ‘Mental Disorder’, which would mean that people with a primary diagnosis of autism or learning disability would be excluded from most of the civil sections of the Act. If enacted, this will be the first occasion in English and Welsh law where a legal definition of autism is created. While we argue that there are inherent difficulties in creating legal definitions of clinical problems, this ‘legal Autism’ appears to be substantially disconnected from a clinical understanding of autism, and its breadth could potentially encompass conditions beyond those currently identified as autism. Moreover, numerous potential unwanted practical consequences may arise from these changes, partly because of uncertainty about the legal position of presentations that share features with autism, uncertainty about the process of assessment of ‘legal Autism’, and potential perverse incentives placed on local authorities. We argue that particular groups of people likely to be impacted by these changes are those who not only present with profound clinical impairments, but also who pose significant risks to others. We urge serious consideration is given to these issues in the legal debate of the Bill.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"174 - 188"},"PeriodicalIF":0.0,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47809832","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

Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022]: The proportionality of safe access zone legislation 北爱尔兰总检察长参考资料-堕胎服务(安全通道区)(北爱尔兰)法案[2022]:安全通道区立法的相称性

Medical Law International Pub Date : 2023-03-01 DOI: 10.1177/09685332231164784

Emily Ottley

{"title":"Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022]: The proportionality of safe access zone legislation","authors":"Emily Ottley","doi":"10.1177/09685332231164784","DOIUrl":"https://doi.org/10.1177/09685332231164784","url":null,"abstract":"In an unanimous judgment given by Lord Reed on 7 December 2022, the Supreme Court of the United Kingdom (UKSC) held that clause 5(2)(a) of the Abortion Services (Safe Access Zone) (Northern Ireland) Bill is a proportionate interference with the rights of those who wish to express opposition to abortion services in Northern Ireland. This clause would make it an offence to do an act within the safe access zone with the intention of or being reckless as to the possibility of directly or indirectly influencing a protected person. In this comment, I analyse the reasoning of the UKSC. I consider, first, the clarifications offered by the UKSC on issues related to the proportionality assessment itself. I then turn my attention to the application of the proportionality test by the UKSC to the facts of the reference. I conclude that the reasoning of the UKSC in Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill is sound. The UKSC’s decision is relevant to plans to introduce similar legislation in Scotland and to any future human rights based challenges to the English and Welsh Public Order Bill, which will create a similar offence to the one in clause 5(2)(a) of the Northern Ireland Bill when it becomes law later this year. Moreover, the decision is significant because the UKSC had not previously considered the proportionality of safe access zone legislation. The Abortion Services (Safe Access Zone) (Northern Ireland) Bill has now received Royal Assent.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"88 - 98"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45302132","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

The EU legal framework on clinical trials directed to therapeutic germline gene alteration: A critical and systematic analysis 针对治疗性生殖系基因改变的临床试验的欧盟法律框架:一个关键和系统的分析

Medical Law International Pub Date : 2023-03-01 DOI: 10.1177/09685332231154586

T. Faltus, Í. de Miguel Beriain

引用次数: 0

Book review: Law at the Frontiers of Biomedicine 书评:生物医学前沿的法律

Medical Law International Pub Date : 2023-03-01 DOI: 10.1177/09685332231167102

R. Brownsword

引用次数: 0

The end of (reproductive) liberty as we know it: A note on Dobbs V. Jackson Women’s Health 597 USC __ (2022) 我们所知的（生殖）自由的终结：关于多布斯诉杰克逊妇女健康597 USC __（2022）

Medical Law International Pub Date : 2023-03-01 DOI: 10.1177/09685332231154562

E. C. Romanis

引用次数: 2

Rethinking the regulation of digital contraception under the medical devices regime 医疗器械制度下数字避孕监管的再思考

Medical Law International Pub Date : 2023-02-11 DOI: 10.1177/09685332231154581

C. McMillan

{"title":"Rethinking the regulation of digital contraception under the medical devices regime","authors":"C. McMillan","doi":"10.1177/09685332231154581","DOIUrl":"https://doi.org/10.1177/09685332231154581","url":null,"abstract":"Contraceptives are vital healthcare for women and people with wombs. Recently, there has been a rise in the use of ‘digital contraceptives’, a type of ‘femtech’ software available for download on app stores which require data input in order to make predictions about users’ fertility. Digital contraceptives, when marketed as such, fall within the definition of a ‘medical device’ and under the authority of the Medical Devices Regulations 2002 are a ‘medium-risk’ device. However, not all femtech which may be used as contraception is captured by this framework. In this article it is argued that the regulatory category into which digital contraceptives have been placed by the medical devices regime is (a) unduly limited in scope, (b) insufficiently stringent to protect users, considering the grave and life-changing effects this technology can have if things go wrong, and (c) ill-conceived as a regulatory response to a technology that affects large sections of the population. It is suggested here that the broader context in which software as a contraceptive sits (i.e. within the general contraceptive market) is key to understanding the regulatory blindness that is occurring when it comes to digital contraceptives and some other forms of fertility-related femtech. As such, software which can be used as a contraceptive is in fact ‘high risk’ and should be reclassified as such.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"23 1","pages":"3 - 25"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46152431","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: 2

Health data governance in China: Emphasizing ‘sharing’ and ‘protection’ based on the right to health 中国健康数据治理：强调基于健康权的“共享”和“保护”

Medical Law International Pub Date : 2022-12-08 DOI: 10.1177/09685332221140416

Lujian Sun

引用次数: 0

The factors influencing the trajectory of Danish abortion law: From progressive to 50 years of stagnation 影响丹麦堕胎法轨迹的因素:从进步到停滞50年

Medical Law International Pub Date : 2022-09-20 DOI: 10.1177/09685332221119504

F. H. Pedersen, J. Herrmann, Laura TD Hansen

引用次数: 0

On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework 论良心反对堕胎:质疑强制性转介是国际人权框架中的妥协

Medical Law International Pub Date : 2022-09-07 DOI: 10.1177/09685332221119503

Zoe L. Tongue

引用次数: 0