Sayed Sikandar Shah Haneef, Mohd Abbas Abdul Razak
{"title":"Parental Reproductive Liberty for Choosing the Sex of Their Offspring: an Analysis of the Positions in Muslim Law and Christianity","authors":"Sayed Sikandar Shah Haneef, Mohd Abbas Abdul Razak","doi":"10.18690/10.18690/mls.12.2.61-78.2019","DOIUrl":"https://doi.org/10.18690/10.18690/mls.12.2.61-78.2019","url":null,"abstract":"Technological developments in the domain of fertility treatment in spite of thier utilitarian uses come with a plethora of ethico-religious challenges for people of faith particularly if they contradict some of their core religious values and beliefs about human procreation. The most disruptive among such challenges is declaring parental choice of a specific gender to their future offspring as part of their reproductive liberty (right). As to how major semitic religions, such as Christionaity and Islam respond to it, the answer is polemical. Christianity genrally objects to it mainly because it turns procreation into a manufacturing business instead of leaving the sex of a baby to God. The Islamic position, on the other hand, is less rigid as the majority of Sunni Muslim legists, without much reflections on its ethical dilemmas, approve it not only for medical reason but also family balancing while dissenting views among them consider it a direct affront on what God has declard to be His domain of perfection of human procreation. This paper, therefore, argues that defining parents` decision on sexing a “right” or “liberty” is difficult to maintain unless a far-fetched perspective of scriptural texts is adopted.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44601020","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}
{"title":"Saviour Siblings - Current Overview, Dilemmas and Possible Solutions?","authors":"S. Samardžić","doi":"10.18690/MLS.12.2.89-109.2019","DOIUrl":"https://doi.org/10.18690/MLS.12.2.89-109.2019","url":null,"abstract":"In certain cases, when an already born child is affected with a fatal disease and needs transplantation, the only possible solution could be the creation of saviour sibling. Saviour sibling is a term that refers to a child born through a procedure in which an embryo, created in vitro, is being tested in order to determine whether such an embryo could provide stem cells or tissue for an already born, ill child. If the embryo is both, a matching donor and free of the disease, it could be implanted and after the birth of a child, the umbilical cord stem cells or tissue could be used for treatment of a sick sibling. However, this procedure poses a number of dilemmas. This paper aims to give a brief analysis of these issues, to address some of the main concerns and to provide possible solutions for future regulation of this technique.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45052771","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}
{"title":"Rules on Assisted Reproduction on Slovenia – Collision Between Legislation on Biomedically Assisted Procreation and Regulation Relating to Safety and Quality of Tissues and Cells","authors":"Urban Vrtačnik","doi":"10.18690/MLS.12.2.109-126.2019","DOIUrl":"https://doi.org/10.18690/MLS.12.2.109-126.2019","url":null,"abstract":"Regulatory landscape on assisted reproduction (AR) has changed over the last 20 years in Slovenia. Notwithstanding the fact that in-field legislation (Infertility Treatment and Procedures of Biomedically Assisted Procreation Act – ZZNPOB) has not been amended or derogated since its adoption in 2000, the regulatory framework has been supplemented with legislative acts, implementing EU Directives on safety and quality of tissues and cells used in treatment. Implementation of the latter (also through adoption of Act on Quality and Safety of Human Tissues and Cells for the Purposes of Medical Treatment – ZKVČTC in 2007) has predominantly failed to acknowledge the specifics of assisted reproduction (regulated by ZZNPOB), resulting in regulatory framework which lacks legal certainty and predictability. Article therefore addresses the collision between ZZNPOB and ZKVČTC and proposes solutions de lege ferenda to avoid shortcomings of existing regulation.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44083795","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}
{"title":"Low Speed Rear End Automobile Collisions and Whiplash Injury, the Biomechanical Approach","authors":"A. Tencer","doi":"10.18690/MLS.12.2.1-20.2019","DOIUrl":"https://doi.org/10.18690/MLS.12.2.1-20.2019","url":null,"abstract":"The extent of injury in low speed rear end collisions is controversial. In many cases, the impact speed of the striking vehicle is low, neither car shows much if any post collision damage, and at the scene, the occupant of the struck vehicle appears uninjured. Yet many of these incidents progress to lawsuits with sometimes very significant damage and injury claims. In testimony, Plaintiff argues that the collision was significant while Defendant describes the collision as minor. A Biomechanical approach which addresses the forces in the collision and the resulting forces and kinematics of the occupant can help to resolve some of these issues. In the following, the process of a biomechanical analysis is described, using a specific example. A discussion of how courts have viewed this type of testimony is then presented.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44326572","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}
{"title":"Sex Change in Islamic Jurisprudence (fiqh) UAE Law: a Juristic Analysis","authors":"Hamza Abed Al-Karim Hammad","doi":"10.18690/10.18690/mls.12.2.79-88.2019","DOIUrl":"https://doi.org/10.18690/10.18690/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":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46824002","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}
{"title":"The Right to Cyborgization in Slovenia","authors":"B. Ivanc","doi":"10.18690/mls.12.1.1-16.2019","DOIUrl":"https://doi.org/10.18690/mls.12.1.1-16.2019","url":null,"abstract":"The article deals with the legal aspects of the phenomenon of cyborgization. There is a structured debate about legal and ethical admissibility of the use of scientific and technological interventions in the field of biomedicine, by which we transform or supplement the functioning of the natural human organism in the direction of an increasingly artificial human being. In the discussion, we ask ourselves, to what extent or in what sense it’s possible to talk about the right of a person to cyborgization. After discussing the typology of scientific and technological interventions or technologies that can be classified in the field of cyborgization, the discussion draws attention to ethical dilemmas. First, it identifies the distinction between medically indicated interventions, which means cyborgization, and medically unindicated. In the next step, the discussion deals with the distinction between cyborgization interventions, which must be controlled from the point of view of ethics, and other interventions. It tries to define the typology of existing or future unethical and unlawful interventions. Finally, the discussion opens the questions on the way, content and approach to the legal regulation of the phenomenon of cyborgization and attempts to assess the quality of the current legal regulation of that area.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44052812","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}
{"title":"Differentiating Medical Malpractice From Medical Complications","authors":"Hrvoje Vojković","doi":"10.18690/mls.12.1.39-64.2019","DOIUrl":"https://doi.org/10.18690/mls.12.1.39-64.2019","url":null,"abstract":"Determining the notion of medical complications leads to differentiating in particular complications that are the unwanted result of a medical procedure. In particular, the factual and medical cause is to be sought in the nature of the damage and the circumstances of its onset through no fault of the physician, from those complications that are the undesired consequence of unprofessional medical care. In the latter case law theory and practice recognizes a situation that is standing in a causal relationship with legally relevant damages and which makes the medical practitioner civilly liable for harmful consequences. Therefore, complications in medical treatment procedures are a harmful event occurring in the medical treatment of a patient which is caused by the undesired and unavoidable course of illness/injury or the patient’s overall state of health, despite the fact that the medical treatment was performed completely lege artis, and in accordance with moral and ethical principles of the healthcare profession and standards in modern medical science.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42820772","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}
{"title":"The Implementation and Evaluation of the United States Affordable Care Act","authors":"D. Schultz","doi":"10.18690/mls.12.1.17-38.2019","DOIUrl":"https://doi.org/10.18690/mls.12.1.17-38.2019","url":null,"abstract":"In 2010 the United States Congress adopted the Patient Protection and Affordable Care Act (“ACA”), more commonly referred to as Obamacare. The ACA was proposed by President Barack Obama while running for president and it was passed with a near straight party-line vote of Democrats in the US House and Senate in 2010. The ACA was meant to address several problems with the American health care delivery system, including cost, access and outcomes. This article describes the major features of the ACA including the context of the US health care system, evaluates the ACA’s implementation history and assesses its fate and future reforms throughout the presidency of Donald Trump. The overall conclusion based on its implementation is that while the ACA made significant reforms in terms of access to health care, it is not clear that it addressed affordability or began to improve health care outcomes in the US.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42979221","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}
{"title":"The Legal Framework for Academic Professional Development for Radiographers in Higher Education","authors":"Ljubica Žunić","doi":"10.18690/mls.12.1.65-84.2019","DOIUrl":"https://doi.org/10.18690/mls.12.1.65-84.2019","url":null,"abstract":"Technology has changed the world of radiography, setting the request for development and promotion of radiography occupation. This article focuses on key factors of education for radiologic technologist / radiographer. The important role of EFRS in promoting and developing advanced educational standards and qualifications for radiographers is elaborated. Harmonization and development of radiographer’s profession following technological development considers cooperation among educational institutions, employers and professional bodies, within the framework of European and national legislation. Society should provide the conditions for further education. Obtaining a master's and / or doctoral degree, and integration in teaching and research activities, helps transform radiographers into leadership roles within their departments.","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45811153","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}
{"title":"Medical Malpractice as a Separate Criminal Offense: a Higher Degree of Patient Protection or Merely a Sword Above the Doctors' Heads? The Example of the Croatian Legislative Model and the Experiences of its Implementation","authors":"Igor Vuletić Igor Vuletić","doi":"10.18690/mls.12.2.39-60.2019","DOIUrl":"https://doi.org/10.18690/mls.12.2.39-60.2019","url":null,"abstract":"","PeriodicalId":40345,"journal":{"name":"Medicine Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67767338","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}