Medical Law Review最新文献_第2页

Between sexual autonomy and protection: siloed capacity and the drift towards risk regulation in A Local Authority v ZX [2026] EWCOP 3. 在性自主与性保护之间：孤立的能力和风险监管的漂移，A地方当局v ZX [2026] EWCOP 3。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag025

Megan McSherry

引用次数: 0

Welfare paternalism and the paradox of protection: towards a rights-based framework to mediate the deprivation of liberty of children. 福利家长主义和保护的悖论：走向一个以权利为基础的框架来调解剥夺儿童的自由。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag029

Clayton Ó Néill

{"title":"Welfare paternalism and the paradox of protection: towards a rights-based framework to mediate the deprivation of liberty of children.","authors":"Clayton Ó Néill","doi":"10.1093/medlaw/fwag029","DOIUrl":"10.1093/medlaw/fwag029","url":null,"abstract":"This article examines the acute ambiguity in the law governing the deprivation of liberty of children in England and Wales, where protective interventions often rely on judicial direction and on unclear statutory safeguards. It is argued that the current framework is reactive, welfare-driven, and lacking in procedural coherence. Drawing upon Fineman's theory of vulnerability, Fraser's parity of participation, and Lundy's analysis of children's agency in relation to the participatory guarantees of Article 12 of the United Nations Convention on the Rights of the Child, the article reconceptualizes vulnerability and rejects the paternalistic protection ethos of the status quo. The article exposes structural gaps in the light of a shifting legal landscape. This backdrop includes the Supreme Court's recent 2026 move away from the rigid, single-determinant tests for confinement towards contextual, multifactorial assessments. It proposes an original statutory architecture: the Children's Liberty Protection Framework (CLPF) that establishes statutory mechanisms of advocacy, review, and oversight at Tribunal level. The CLPF transforms vulnerability from being a control-based condition into a procedural right to participate. As such, it offers a coherent legal pathway for reconciling the challenges posed by the right to liberty and the need to protect children within a supportive and responsive state.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13479893/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148761449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Townsend v Epsom & St Helier University Hospitals NHS Trust and the myth of the clinical carve out. 汤森诉埃普森和圣赫利尔大学医院NHS信托和临床雕刻的神话。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag032

Cressida Auckland

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Autonomy undermined: how NHS institutional culture fails pregnant patients. 自主权被破坏：NHS制度文化如何让怀孕患者失望。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag027

Mélinée Kazarian, Dani O'Connor

{"title":"Autonomy undermined: how NHS institutional culture fails pregnant patients.","authors":"Mélinée Kazarian, Dani O'Connor","doi":"10.1093/medlaw/fwag027","DOIUrl":"10.1093/medlaw/fwag027","url":null,"abstract":"Maternity care in the UK continues to confront profound and systemic failings, despite decades of legal and ethical commitments to patient-centred care. This article demonstrates that these failings are not simply operational or episodic but stem from an entrenched institutional culture of paternalism that routinely suppresses women's autonomy. Drawing on major maternity inquiries alongside empirical studies documenting women's experiences of pregnancy and childbirth, the paper illustrates how women's voices are silenced, alternatives withheld, and concerns minimized-particularly for those from racialized or otherwise marginalized groups. These patterns reveal that autonomy, as currently conceived and practiced, remains largely procedural and illusory. The article argues that the dominant 'individualistic' model of autonomy cannot withstand the relational, emotional, and structural realities of pregnancy and childbirth, nor counter the gendered and hierarchical assumptions embedded within NHS practice. It proposes instead a shift towards a relational understanding of autonomy-one that recognizes vulnerability, prioritizes communication and trust, and situates decision-making within wider social and institutional contexts. Only by transforming the cultural foundations of maternity care can the promise of genuine autonomy and safe, respectful care be realized.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13452059/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148698148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Historicising the prohibition of vulval cutting in the UK: how race and medicine shaped the criminalization of female genital mutilation. 英国外阴切割禁令的历史化：种族和医学如何塑造了女性外阴切割的刑事定罪。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-07-08 DOI: 10.1093/medlaw/fwag034

Mireia Garcés de Marcilla

{"title":"Historicising the prohibition of vulval cutting in the UK: how race and medicine shaped the criminalization of female genital mutilation.","authors":"Mireia Garcés de Marcilla","doi":"10.1093/medlaw/fwag034","DOIUrl":"10.1093/medlaw/fwag034","url":null,"abstract":"This article is a historical analysis of the law governing vulval cutting in the UK, with a particular focus on the shifting role and perception of the medical profession in this context. It shows how criminalization is not neutral or inevitable, but a strategy that developed through historically contingent negotiations between law and medicine. It charts how racially laden ideas of health, expertise and medical legitimacy informed successive legislative reforms. In doing so, it uncovers the genesis of how racialized understandings of medical authority and mental health were first used to draw fuzzy lines between lawful and unlawful operations, and argues that subsequent concerns of vulval cutting as a widespread problem within migrant communities displaced earlier debates about the contours of the medical exception, cementing its imprecise boundaries. In turn, this article suggests that, during these 40 years of legislative development, the role of doctors has changed considerably, from shaping the limits of the criminal prohibition to being responsibilized for enforcing it.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13623510/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149082680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Medical misogyny: understanding epistemic injustice to achieve safer healthcare for women in the UK. 医学厌女症：了解认识上的不公正，以实现英国妇女更安全的医疗保健。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag009

Laura O'Donovan, Sarah Devaney, Alexandra Mullock, Victoria L Moore

{"title":"Medical misogyny: understanding epistemic injustice to achieve safer healthcare for women in the UK.","authors":"Laura O'Donovan, Sarah Devaney, Alexandra Mullock, Victoria L Moore","doi":"10.1093/medlaw/fwag009","DOIUrl":"10.1093/medlaw/fwag009","url":null,"abstract":"Since 2019, numerous reports (both official and charity-led) have been published detailing patient care and safety failings in areas of women's healthcare in hospitals across the UK. A common theme that has emerged from these reports is a sense that the voices of women and people seeking maternity care and/or treatment for female health conditions are frequently dismissed and silenced. While many of the examples detailed in these reports have been appropriately recognized as both individual and systemic failings in patient care, here we apply Miranda Fricker's epistemic injustice framework to these issues. We argue that testimonial injustice (a form of discriminatory epistemic injustice) forms a core part of the experience of some of these patients' care resulting in a compounding of their experience of harm. Despite various exhortations within the reports that women should be listened to, the evidence demonstrates that women's testimonial knowledge is systematically devalued. We thus contend that a fundamental reframing of the issue is required and that understanding how and why epistemic injustice occurs is critical to developing a better understanding of how to avoid it, both in the provision of women's healthcare and in its regulation.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13091612/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147717823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Accommodating capacity-restoring interventions in the Mental Capacity Act 2005. 2005年《精神能力法》中的能力恢复干预措施。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag013

Daisy Cheung

引用次数: 0

Promise without delivery: why mental health law in Chile still fails its users. 没有兑现的承诺：为什么智利的精神卫生法仍然辜负了它的使用者。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag020

Leticia Morales

引用次数: 0

Nobody does it better? A judicial rationalization of judges as best interests decision-makers-RE RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3). 没人做得更好吗？法官作为最佳利益决策者的司法合理化——最佳利益：外科和重症监护[2025]EWCOP 38(3)。

IF 1.7 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag008

John Coggon

引用次数: 0

Critical analysis of the EU's legislative proposal to incentivize investment in antimicrobial R&D and access. 对欧盟鼓励抗菌药物研发和获取投资的立法提案进行批判性分析。

IF 3.1 4区医学

Medical Law Review Pub Date : 2026-04-14 DOI: 10.1093/medlaw/fwag010

Laura Valtere

{"title":"Critical analysis of the EU's legislative proposal to incentivize investment in antimicrobial R&D and access.","authors":"Laura Valtere","doi":"10.1093/medlaw/fwag010","DOIUrl":"10.1093/medlaw/fwag010","url":null,"abstract":"Antibiotics are fundamental to modern medicine, enabling routine surgery, chemotherapy, and treatment of common infections. However, innovation has stagnated, largely targeting known classes that are vulnerable to resistance. Antimicrobial resistance (AMR)-the ability of pathogens to withstand treatment-erodes therapeutic effectiveness and poses substantial health and economic burdens. Addressing AMR requires an integrated strategy that preserves existing agents and rebuilds the pipeline. Traditional incentives, like patents and regulatory exclusivities, do not mitigate the risks associated with development or guarantee returns in a market where antimicrobial R&D often has negative net value. What is needed is a tailored package across the lifecycle: push incentives to finance high-risk early discovery and preclinical work, and pull incentives like market entry rewards, subscription models, and, where appropriate, exclusivity vouchers, to support late-stage development, secure predictable revenues, and ensure timely access. Experiences from the UK and Sweden show that subscription payments can stabilize supply and even deliver innovation incentives by decoupling revenues from volume. One-off rewards, including transferable exclusivity vouchers (TEVs), can decouple sales from use, but raise concerns around predictability and conditionality. Ultimately, economic tools must be coupled with stewardship and equitable access, alongside a shift from pay-by-volume to pay-for-provision/access.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 2","pages":""},"PeriodicalIF":3.1,"publicationDate":"2026-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147786769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0