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EUROPEAN JOURNAL OF HEALTH LAW最新文献

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European Court of Justice. 欧洲法院。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2023-03-31 DOI: 10.1163/15718093-12423555
Herman Nys
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引用次数: 0
European Court of Human Rights 欧洲人权法院
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2023-02-15 DOI: 10.1163/15718093-bja10105
Joseph Dute, Tom Goffin
{"title":"European Court of Human Rights","authors":"Joseph Dute, Tom Goffin","doi":"10.1163/15718093-bja10105","DOIUrl":"https://doi.org/10.1163/15718093-bja10105","url":null,"abstract":"On 1 August 2008 the applicant, who was then in the thirtieth or thirty-first week of pregnancy, was admitted to a municipal maternity hospital showing symptoms of rhesus incompatibility and excess amniotic fluid (polyhydramnios). She signed a consent form for a Caesarean section without sterilisation. During surgery the doctors also identified a rupture of the uterus, without bleeding. Given the applicant’s age, 28 years, the doctors decided to suture the rupture and keep the uterus. However, given earlier surgical interventions on the uterus, the Caesarean section and the hysterography (repair of the uterus), the doctors decided that there was a real risk that the uterus would rupture in a future pregnancy, which could endanger the applicant’s life, and that therefore she should be sterilised. According to the applicant, she was told the day after the surgery that she had been sterilised, but she was not given any further details about what the procedure meant. Two years later the applicant and her husband decided to have a child and as she could not get pregnant, she saw a gynaecologist, who explained that she could only get pregnant via in vitro fertilisation because she had been sterilised during the Caesarean section in 2008.","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135683186","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
Front matter 前页
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2023-02-15 DOI: 10.1163/15718093-03001000
{"title":"Front matter","authors":"","doi":"10.1163/15718093-03001000","DOIUrl":"https://doi.org/10.1163/15718093-03001000","url":null,"abstract":"","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135683189","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
A Blanket That Leaves the Feet Cold: Exploring the AI Act Safety Framework for Medical AI. 一床让人脚发凉的毯子：探索医疗人工智能的人工智能法案安全框架。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2023-02-07 DOI: 10.1163/15718093-bja10104
Sofia Palmieri, Tom Goffin
{"title":"A Blanket That Leaves the Feet Cold: Exploring the AI Act Safety Framework for Medical AI.","authors":"Sofia Palmieri, Tom Goffin","doi":"10.1163/15718093-bja10104","DOIUrl":"10.1163/15718093-bja10104","url":null,"abstract":"<p><p>The AI Act is based on, and at the same time aims to protect fundamental rights, implying their protection, while fulfilling the safety requirement prescribed by the AI Act within the whole lifecycle of AI systems. Based on a risk classification, the AI Act provides a set of requirements that each risk class must meet in order for AI to be legitimately offered on the EU market and be considered safe. However, despite their classification, some minimal risk AI systems may still be prone to cause risks to fundamental rights and user safety, and therefore require attention. In this paper we explore the assumption that despite the fact that the AI Act can find broad ex litteris coverage, the significance of this applicability is limited.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 4","pages":"406-427"},"PeriodicalIF":0.8,"publicationDate":"2023-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10019380","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
Administrative Liability for Vaccination with an Age-Inappropriate SARS-CoV-2 Vaccine: Latvian Experience. 接种年龄不合适的SARS-CoV-2疫苗的行政责任:拉脱维亚的经验。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-11-09 DOI: 10.1163/15718093-bja10103
Laura Šāberte, Karina Palkova
{"title":"Administrative Liability for Vaccination with an Age-Inappropriate SARS-CoV-2 Vaccine: Latvian Experience.","authors":"Laura Šāberte,&nbsp;Karina Palkova","doi":"10.1163/15718093-bja10103","DOIUrl":"https://doi.org/10.1163/15718093-bja10103","url":null,"abstract":"<p><p>The duty of ensuring epidemiological safety, including the duty to ensure vaccination against SARS-CoV-2 to people, is included in the framework of the national constitutional rights. The healthcare institutions providing vaccination and medical practitioners performing vaccination are one of the key assets of the national health care system, to whom the duty in the field of public health and protection of lives that is a part of human rights have been delegated. Violation of the epidemiological safety requirements in the Republic of Latvia, if it may cause a risk to human health, is subject to a fine. In this study, the authors have analysed the administrative offence cases, in which administrative liability has been imposed on medical institutions for performing vaccination with age-inappropriate vaccine, explain separation of administrative liability from criminal liability in such cases, reveal compensation mechanisms in the event of consequences, when inappropriate vaccination has caused harm to persons' life or health. The results of the research show that no appropriate security measures have been introduced in the medical institutions to prevent or avoid administrative offences in particular cases, as the result medical institutions were subject to first-time application of administrative liability. Besides, there are lack sufficiently secure system for the examination and registration of patients in the medical institutions. The minor patients were unsecured and have been vaccinated with an inappropriate vaccine, because a specific (non appropriate) vaccine has been requested by the minors' parents or the minors themselves.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 4","pages":"449-468"},"PeriodicalIF":0.8,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10019379","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
Maintaining Compliance While Healing at a Distance: Telehealth Services within the Frame of Turkish Data Protection Regime. 在远程治疗的同时保持合规性:土耳其数据保护制度框架内的远程医疗服务。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-10-28 DOI: 10.1163/15718093-bja10102
Elif Küzeci, Oğuzhan Yeşiltuna
{"title":"Maintaining Compliance While Healing at a Distance: Telehealth Services within the Frame of Turkish Data Protection Regime.","authors":"Elif Küzeci,&nbsp;Oğuzhan Yeşiltuna","doi":"10.1163/15718093-bja10102","DOIUrl":"https://doi.org/10.1163/15718093-bja10102","url":null,"abstract":"<p><p>Telehealth enables equal, high-quality, and efficient provision of health services, but it also poses serious risks in the absence of a legal basis. Despite its increasing use and promising potential, there has been no specific legal framework for telehealth in Turkey until recently. A new by-law governing the procedures and principles of telehealth services has been introduced by the Ministry of Health. As repeatedly referred to in the regulation, the most important issue is the positioning of telehealth in the data protection context. This article, therefore, aims to map telehealth services within the frame of the Turkish data protection regime. In this regard, we show how the category of personal data and the purpose of the processing should be determined. Thereafter we argue how relevant actors should be identified and present the rights and obligations of these actors in the light of basic principles regarding data processing, security, and transfer.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 4","pages":"379-405"},"PeriodicalIF":0.8,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10075301","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
Compromises and Asymmetries in the European Health Data Space. 欧洲卫生数据空间中的妥协和不对称。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-10-27 DOI: 10.1163/15718093-bja10099
Petros Terzis
{"title":"Compromises and Asymmetries in the European Health Data Space.","authors":"Petros Terzis","doi":"10.1163/15718093-bja10099","DOIUrl":"https://doi.org/10.1163/15718093-bja10099","url":null,"abstract":"<p><p>In the post-pandemic world, the ability of researchers to reuse, for the purposes of scientific research, data that had been collected by others and for different purposes has rightfully become a policy priority. At the same time, new technologies with tremendous capacity in data aggregation and computation open new horizons and possibilities for scientific research. It is in this context that the European Commission published in May 2022 its proposal for a sector-specific regulation aiming at establishing the legal landscape and governance mechanisms for the secondary use of health data within the European Union. The ambitious project is centred on administrative efficiency and aspires to unleash the potential of new technologies. However, the quest for efficiency usually comes with privacy compromises and power asymmetries and the case of the European Health Data Space Regulation is no different. This paper draws attention to some of these compromises and suggests specific amendments.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 3","pages":"345-363"},"PeriodicalIF":0.8,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10022039","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
HIV and Access to Private Insurance in Spain 艾滋病毒和获得私人保险在西班牙
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-10-27 DOI: 10.1163/15718093-bja10098
M. A. Ramiro Avilés, María del Val Bolívar Oñoro
{"title":"HIV and Access to Private Insurance in Spain","authors":"M. A. Ramiro Avilés, María del Val Bolívar Oñoro","doi":"10.1163/15718093-bja10098","DOIUrl":"https://doi.org/10.1163/15718093-bja10098","url":null,"abstract":"\u0000 In 2018, the Spanish Insurance Contract Act was amended to guarantee that people living with HIV could access to private insurance, such as, health, life, and burial insurances. The number of inquiries received at the HIV Legal Clinic of the University of Alcalá from 1 January 2019 to 31 December 2021 shows that the legal reform is not being effective because insurance companies continue to practice a class exclusion towards people living with HIV, who are ‘persons with disabilities’ according to the social model of the UN Convention of the Rights of Persons with Disabilities.","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45534819","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
Tobacco Control and The Council of Europe: the Potential and Limits of the Collective Complaints Procedure of the European Social Charter. 烟草控制和欧洲委员会:欧洲社会宪章集体投诉程序的潜力和限制。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-10-27 DOI: 10.1163/15718093-bja10095
Giulia Bosi
{"title":"Tobacco Control and The Council of Europe: the Potential and Limits of the Collective Complaints Procedure of the European Social Charter.","authors":"Giulia Bosi","doi":"10.1163/15718093-bja10095","DOIUrl":"https://doi.org/10.1163/15718093-bja10095","url":null,"abstract":"<p><p>The role of the Council of Europe (CoE) in tobacco control remains largely unexplored. This paper aims to fill this gap, focusing on the CoE's European Social Charter. Article 11 of the Charter protects the right to health, and adequate tobacco control measures are necessary to respect this article. This paper examines the potential and limits of the Collective Complaints procedure, one of the two monitoring mechanisms of the Charter, as a means to evaluate the compliance of national tobacco control measures with Article 11. It demonstrates that, so far, this mechanism has never been used in this way. However, although the Collective Complaints procedure presents several drawbacks, it should not be underestimated. Indeed, it possesses certain features, such as the collective nature of the complaint and the lack of the requirement of the exhaustion of domestic remedies, which might make it a particularly suitable tool for the abovementioned purpose.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 3","pages":"272-296"},"PeriodicalIF":0.8,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10019383","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
Information Privacy in Healthcare - The Vital Role of Informed Consent. 医疗保健中的信息隐私——知情同意的重要作用。
IF 0.8
EUROPEAN JOURNAL OF HEALTH LAW Pub Date : 2022-10-27 DOI: 10.1163/15718093-bja10097
Roy McClelland, Colin M Harper
{"title":"Information Privacy in Healthcare - The Vital Role of Informed Consent.","authors":"Roy McClelland,&nbsp;Colin M Harper","doi":"10.1163/15718093-bja10097","DOIUrl":"https://doi.org/10.1163/15718093-bja10097","url":null,"abstract":"<p><p>The use and disclosure of patient information is subject to multiple legal and ethical obligations. Within European human rights law the differences relating to consent are reflected in the separate requirements of data protection law, the common law, and professional ethics. The GDPR requires explicit consent. This contrasts with the ethical and common law availability of reliance on implied consent for the use of patient information for that patient's care and treatment. For any proposed use of patient information for healthcare purposes other than direct care, even where GDPR may be satisfied if the patient refuses to consent to disclosure, the information should not normally be disclosed. For any proposed use or disclosure outside healthcare the justification should normally be consent. However, consent is often not possible or appropriate and an overriding public interest can be relied upon to justify the use or disclosure, both legally and ethically.</p>","PeriodicalId":43934,"journal":{"name":"EUROPEAN JOURNAL OF HEALTH LAW","volume":"30 4","pages":"469-480"},"PeriodicalIF":0.8,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10022042","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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