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Legal Measures Undertaken by Public Authorities in Poland for Prevention and Combating COVID-19 波兰公共当局为预防和抗击COVID-19采取的法律措施
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.371-394.2021
Katarzyna Mełgieś
{"title":"Legal Measures Undertaken by Public Authorities in Poland for Prevention and Combating COVID-19","authors":"Katarzyna Mełgieś","doi":"10.18690/mls.14.2.371-394.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.371-394.2021","url":null,"abstract":"The state is a special purpose organization and the directions of its activities are determined by public tasks. One of them is to ensure an efficient health care system, also effective in emergency situations such as those caused by an infectious disease pandemic COVID-19. In particular, legal instruments are used to create it, selected by the rulers within the limits set by law, including the applicable international standards, at the discretion of local governing authorities. The whole system is completed with organizational, medical and finally financial solutions. However, it is due to the fact that public authorities move around in the public space, due to the legality of their operation, that the legal instruments used are of significant importance for the assessment of the effectiveness of the performance of tasks related to combating infectious diseases, and thus ensuring health safety.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48402396","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
Home Quarantine or Home Isolation During the Covid-19 Pandemic as a Deprivation of Liberty under Polish Law 根据波兰法律，Covid-19大流行期间的家庭隔离或家庭隔离是对自由的剥夺
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.173-188.2021
Tomasz Sroka
{"title":"Home Quarantine or Home Isolation During the Covid-19 Pandemic as a Deprivation of Liberty under Polish Law","authors":"Tomasz Sroka","doi":"10.18690/mls.14.2.173-188.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.173-188.2021","url":null,"abstract":"Combating the COVID-19 pandemic requires that States should take many measures, which may also substantially interfere with the rights or freedoms of individuals. One commonly used mechanism to counter the spread of the SARS-CoV-2 virus is home quarantine or home isolation. Bearing in mind the guidelines arising from ECHR case-law, the article assesses whether home quarantine or home isolation applied under Polish law constitutes a deprivation of liberty. Taking into consideration the manner and conditions of these isolation measures and the possibility of using coercive measures, home quarantine or home isolation under Polish law constitutes deprivation of liberty within the meaning of Article 5(1)(e) of the ECHR. Then attention is drawn to selected consequences arising from this classification. In particular, it is emphasized that they cannot be imposed by a decision of the legislator, but only as a result of an act of law enforcement by sanitary authorities or courts.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42146771","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
International Cooperation as a Prerequisite for Improvement of Access to Orphan Biologic Medicines 国际合作是改善获得孤儿生物药物的先决条件
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.461-498.2021
Zbigniew Więckowski
{"title":"International Cooperation as a Prerequisite for Improvement of Access to Orphan Biologic Medicines","authors":"Zbigniew Więckowski","doi":"10.18690/mls.14.2.461-498.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.461-498.2021","url":null,"abstract":"Rare diseases constitute a global problem. Worldwide, 350 million people suffer from such diseases. The number of diagnosed cases are on the rise. Only a small percentage of those suffering have the opportunity to be treated with modern therapies. Medicines used to treat rare diseases are called orphan drugs. Biologic medicines developed for orphan drug indications, besides patent protection, have a period of regulatory and market exclusivity. After this period of time has elapsed, access to orphan drugs could be improved by the introduction of biosimilar medicines. The biggest challenge is to develop effective legal, tax and economic incentives to stimulate the development of biosimilar medicines for orphan indications. The regulatory agencies - EMA in the EU and the FDA in the USA - play a key role in increasing access to orphan biologics. Undoubtedly, the international cooperation, especially the mutual recognition of registration procedures between countries, and the creation of a common vocabulary and the unification of incentives for the pharmaceutical industry would have the positive impact on access to modern therapies.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49158358","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
Regulation of Triage in Times of a Pandemic: Experiences from Slovenia (and Beyond) 大流行时期的分类管理:斯洛文尼亚(及其他国家)的经验
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.189-208.2021
Luka Mišič, G. Strban
{"title":"Regulation of Triage in Times of a Pandemic: Experiences from Slovenia (and Beyond)","authors":"Luka Mišič, G. Strban","doi":"10.18690/mls.14.2.189-208.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.189-208.2021","url":null,"abstract":"The article offers an overview of legal regulations governing (medical) triage in Slovenia and their importance in times of the Covid-19 epidemic. Focusing on the Patients’ Rights, Health Care and Health Insurance, Medical Services, and Health Services Act, it looks at ways in which legal rules and medical standards intertwine when it comes to deciding who should receive particular limited medical treatment first or in what order. It also deals with ways in which professional rules of conduct or medical standards may, on the one hand, exclude the unlawfulness of particular conduct, and how, on the other hand, law may limit the autonomy of medical practitioners. Both the autonomy in their professional conduct as well as healthcare providers’, but especially professional organizations’ law-making autonomy. Even if grounded in the Slovenian legal order, the present article by nature surpasses its domestic boundaries, since the Covid-19 epidemic created similar issues in several if not in all European jurisdictions. Even more so, since the article addresses several general challenges concerning triage in times or moments of crisis, such as state’s positive obligations, recognition of patients’ private autonomy, medical treatment abroad, ethical deliberations concerning a just distribution of scarce medical services, etc.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45859084","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 Normative Structure of the State of Epidemic under Polish Law 波兰法律规定的流行病国家的规范结构
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.209-228.2021
L. Bosek
{"title":"The Normative Structure of the State of Epidemic under Polish Law","authors":"L. Bosek","doi":"10.18690/mls.14.2.209-228.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.209-228.2021","url":null,"abstract":"This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45581119","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
Measures Introduced in the Slovak Republic in Response to the Public Health Crisis Caused by the COVID-19 Pandemic 斯洛伐克共和国为应对COVID-19大流行造成的公共卫生危机而采取的措施
IF 0.1
Medicine Law & Society Pub Date : 2021-10-30 DOI: 10.18690/mls.14.2.321-350.2021
Silvia Capíková, E. Burda, M. Nováková
{"title":"Measures Introduced in the Slovak Republic in Response to the Public Health Crisis Caused by the COVID-19 Pandemic","authors":"Silvia Capíková, E. Burda, M. Nováková","doi":"10.18690/mls.14.2.321-350.2021","DOIUrl":"https://doi.org/10.18690/mls.14.2.321-350.2021","url":null,"abstract":"The SARS-Cov-2 pandemic outbreak in the Slovak Republic in March 2020 required rapid legal response to protect lives and health of inhabitants and new complex challenges emerged. The objective of this paper is an analysis and critical assessment of measures adopted in the field of health law. As most significant problem fields in Slovakia arose: 1/ Legality and hierarchy of measures limiting everyday life and exercise of citizen rights and freedoms; 2/ the scope, proportionality, extent and duration of measures; 3/ adherence to the measures by the public and law enforcement issues. The pandemic unraveled need to innovate the legal framework of contagious diseases control, for example, constitutional emergency regimen, or powers of the Public Health Authority. Established rule of law framework served to safeguarding against some disproportionate or unwanted effects of anti-pandemic measures, however, future development of more sophisticated legal tools to control the pandemic is needed.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47890064","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
International Surrogacy Arrangements - Perspectives on International Regulation 国际代孕安排-国际监管展望
IF 0.1
Medicine Law & Society Pub Date : 2020-04-24 DOI: 10.18690/mls.13.1.1-20.2020
Jasmina Alihodžić, Anita Duraković
{"title":"International Surrogacy Arrangements - Perspectives on International Regulation","authors":"Jasmina Alihodžić, Anita Duraković","doi":"10.18690/mls.13.1.1-20.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.1-20.2020","url":null,"abstract":"Although more than 30 years have passed since the birth of the first surrogate baby, surrogacy motherhood as a form of ART is still one of the most controversial issues that reflect moral, ethical, cultural, psychological, medical, economic and legal dilemmas. The juxtaposition of legal solutions at the national level has given rise to discussions on the optimal solutions for regulating model international surrogacy arrangements. Given the current social and political climate, the authors of this paper advocate for the reform of international adoption procedures as opposed to passing a new convention, in a way that respective provisions of international adoption convention should be adapted to capture the effects of international surrogacy arrangements - recognition of legal parentage, provided that it is in the best interests of the child, and that there is a biological link between the child and at least one intended parent.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67767506","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
Back Pain Among Physiotherapists and Nurses In Slovenia 斯洛文尼亚物理治疗师和护士的背部疼痛
IF 0.1
Medicine Law & Society Pub Date : 2020-01-01 DOI: 10.18690/mls.13.1.105-122.2020
J. Stričević, Marcel Duh, Zoran Jokić, David Haložna
{"title":"Back Pain Among Physiotherapists and Nurses In Slovenia","authors":"J. Stričević, Marcel Duh, Zoran Jokić, David Haložna","doi":"10.18690/mls.13.1.105-122.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.105-122.2020","url":null,"abstract":"","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67767497","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
Sex Change in Islamic Jurisprudence (fiqh) UAE Law: a Juristic Analysis 伊斯兰法理学中的性别变化(fiqh)阿联酋法:法学分析
IF 0.1
Medicine Law & Society Pub Date : 2019-10-28 DOI: 10.18690/mls.12.2.79-88.2019
H. A. Hammad
{"title":"Sex Change in Islamic Jurisprudence (fiqh) UAE Law: a Juristic Analysis","authors":"H. A. Hammad","doi":"10.18690/mls.12.2.79-88.2019","DOIUrl":"https://doi.org/10.18690/mls.12.2.79-88.2019","url":null,"abstract":"This study elucidates the positions of Islamic jurisprudence (fiqh) and the laws of the United Arab Emirates (UAE) on transsexuals’ surgery. Using comparative analysis, the author concluded that the UAE law does not specify a rule regarding for transsexuals, but does state that in situations where the law is silent, then fiqh should be refereed to. Fiqh prohibits it; thus, the law does as well.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41865100","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
Biosimilars and the Patent Law 生物仿制药与专利法
IF 0.1
Medicine Law & Society Pub Date : 2019-10-28 DOI: 10.18690/mls.12.2.21-38.2019
Marek Świerczyński, Zbigniew Więckowski
{"title":"Biosimilars and the Patent Law","authors":"Marek Świerczyński, Zbigniew Więckowski","doi":"10.18690/mls.12.2.21-38.2019","DOIUrl":"https://doi.org/10.18690/mls.12.2.21-38.2019","url":null,"abstract":"Biopharmaceuticals are one of the most important recent medical innovations which revolutionised many areas of medicine. Dynamic development of the market for biopharmaceuticals in recent years is related to the expiration of the IP exclusive rights on original innovative biological medicinal products. This has resulted in introduction to the market of biosimilars. One of the greatest challenges concerning the emergence of biosimilars is modifying the law to ensure balance between the market development of biosimilars and access of patients to biological therapy. The development of biopharmaceutical inventions works hand in hand with the patent system. It should be underlined that IP rights in the biopharmaceutical sector are crucial for promoting innovation due to the very long time of product development. It is exactly the area in which patents make sense to fill the gap between innovation and the risk of imitation. However, the existing patent system is too expensive and slow for biotechnology development. It should be further adapted to the needs of biopharmaceuticals.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44340701","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
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