Medical Law Review最新文献_第3页

Accommodations of private and family life and non-traditional families: the limits of deference in cases of cross-border surrogacy before the European Court of Human Rights. 私人和家庭生活与非传统家庭的协调:在欧洲人权法院审理的跨国界代孕案件中尊重的限度。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-05-28 DOI: 10.1093/medlaw/fwad038

Lydia Bracken

{"title":"Accommodations of private and family life and non-traditional families: the limits of deference in cases of cross-border surrogacy before the European Court of Human Rights.","authors":"Lydia Bracken","doi":"10.1093/medlaw/fwad038","DOIUrl":"10.1093/medlaw/fwad038","url":null,"abstract":"The European Court of Human Rights (ECtHR) case law on cross-border surrogacy establishes that a 'general and absolute impossibility' of obtaining recognition of the relationship, legally established in another country, between a surrogate-born child and their intended parents will violate the child's right to respect for private life. This approach requires States to accommodate familial bonds created through cross-border surrogacy and limits the margin of appreciation available to States to determine their national response. In recent case law, the ECtHR has adopted an interventionist approach in respect of national decision-making and has gone further than might be expected under the principle of subsidiarity. Examination of the emerging body of jurisprudence on cross-border surrogacy, however, reveals a preference for 'traditional' family formations, with the ECtHR tending to adopt a less interventionist and more deferential approach to national decision-making where the family at the centre of the case deviates from the structure of the family reflected in the seminal cross-border surrogacy case of Mennesson v France App no 65192/11 (ECtHR, 26 June 2014). This approach leads to inconsistency in the cross-border surrogacy case law as it creates something of a moving target for the vindication of children's rights in 'less traditional' family forms.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"141-157"},"PeriodicalIF":1.7,"publicationDate":"2024-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89720117","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

Indi Gregory: A Wider Perspective on Children's Best Interests at the End-of-life. 英迪-格雷戈里从更广阔的视角看待临终儿童的最大利益。

IF 1.8 4区医学

Medical Law Review Pub Date : 2024-05-28 DOI: 10.1093/medlaw/fwae006

Kevin De Sabbata, Abigail Pearson

引用次数: 0

McCulloch v Forth Valley Health Board [2023] UKSC 26: Hello Bolam, the court's old friend. McCulloch 诉 Forth Valley Health Board [2023] UKSC 26：你好，博勒姆，法院的老朋友。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-05-28 DOI: 10.1093/medlaw/fwae013

Louise Austin

引用次数: 0

‘My Advocacy is Not About Me, My Advocacy is About Canadians’: A Qualitative Study of how Caregivers and Patients Influence Regulation of Medical Assistance in Dying in Canada 我的主张与我无关，我的主张与加拿大人有关"：关于护理者和患者如何影响加拿大临终医疗协助监管的定性研究

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-04-17 DOI: 10.1093/medlaw/fwae012

Ruthie Jeanneret, Eliana Close, Jocelyn Downie, Lindy Willmott, Ben P White

{"title":"‘My Advocacy is Not About Me, My Advocacy is About Canadians’: A Qualitative Study of how Caregivers and Patients Influence Regulation of Medical Assistance in Dying in Canada","authors":"Ruthie Jeanneret, Eliana Close, Jocelyn Downie, Lindy Willmott, Ben P White","doi":"10.1093/medlaw/fwae012","DOIUrl":"https://doi.org/10.1093/medlaw/fwae012","url":null,"abstract":"Medical assistance in dying (MAiD) was legalised federally in Canada after the Supreme Court decision in Carter v Canada (Attorney General) [2015] 1 SCR 331. The federal legislative framework for MAiD was established via Bill C-14 in 2016. Caregivers and patients were central to Carter and subsequent litigation and advocacy, which resulted in amendments to the law via Bill C-7 in 2021. Research has primarily focused on the impacts of regulation on caregivers and patients. This qualitative study investigates how caregivers and patients influence law reform and the operation of MAiD practice in Canada (ie, behave as ‘regulatory actors’), using Black’s definition of regulation. We found that caregivers and patients performed sustained, focused, and intentional actions that influenced law reform and the operation of MAiD in practice. Caregivers and patients are not passive objects of Canadian MAiD regulation, and their role in influencing regulation (eg, law reform and MAiD practice) should be supported where this is desired by the person. However, recognising the burdens of engaging in regulatory action to address barriers to accessing MAiD or to quality care, and MAiD system gaps, other regulatory actors (eg, governments) should minimise this burden, particularly where a person engages in regulatory action reluctantly.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"263 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140616874","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

The role of non-genetic parents in a surrogate-born child's identity: an argument for removal of the genetic link requirement. 非遗传父母在代孕子女身份认同中的作用：取消遗传联系要求的论据。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwad032

Lottie Park-Morton

{"title":"The role of non-genetic parents in a surrogate-born child's identity: an argument for removal of the genetic link requirement.","authors":"Lottie Park-Morton","doi":"10.1093/medlaw/fwad032","DOIUrl":"10.1093/medlaw/fwad032","url":null,"abstract":"For the court to grant a parental order recognising intended parents as legal parents of a surrogate-born child, the gametes of at least one of the intended parents must have been used to create the embryo, under section 54(1)(b) and section 54A(1)(b) Human Fertilisation and Embryology Act 2008. In the Law Commission and Scottish Law Commission's consultation paper, there was a provisional proposal to remove the genetic link requirement in cases of medical necessity. However, this proposal was not included in the Law Commissions' Final Report, instead recommending the retention of the requirement for a genetic link in almost all circumstances. This article contends that the Law Commissions' recommendation should be reconsidered in light of the child's right to identity. By reviewing how identity has been used by the courts when determining whether to grant a parental order, as well as a developing interpretation of Article 8 of the United Nations Convention on the Rights of the Child and European Convention on Human Rights, it can be asserted that the identity of surrogate-born children necessitates recognition of the relationship between the child and intended parent(s), irrespective of a genetic link. On this basis, it is argued that there should be the possibility for intended parents to establish legal parenthood following surrogacy without the requirement for a genetic link.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"61-80"},"PeriodicalIF":1.7,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10338514","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

Puzzles of the Liminal Dead: St George's University Hospitals NHS Foundation Trust v Casey. 死亡界限之谜：圣乔治大学医院 NHS 基金信托公司诉 Casey。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwae001

Mary Donnelly, Barry Lyons

引用次数: 0

Bangladesh's Mental Health Act 2018: A Critical Analysis. 孟加拉国《2018 年精神健康法》：批判性分析》。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwad041

Rose Barua

引用次数: 0

Looking back to look forward-the history of VAD laws in Australia and future law reform in the Australian territories. 回顾过去，展望未来--澳大利亚暴力侵害妇女行为法律的历史和澳大利亚领土未来的法律改革。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwad030

Kerstin Braun

{"title":"Looking back to look forward-the history of VAD laws in Australia and future law reform in the Australian territories.","authors":"Kerstin Braun","doi":"10.1093/medlaw/fwad030","DOIUrl":"10.1093/medlaw/fwad030","url":null,"abstract":"Taking one's own life or attempting to do so has long been decriminalised in Australia. Aiding, counselling, or inciting another person to kill him or herself, however, remains a criminal offence. Yet, all six Australian States have now introduced laws allowing assistance in dying under certain circumstances. This article traces the recent history of Voluntary Assisted Dying (VAD) laws in Australia. It examines the introduction of the world's first assisted dying legislation in the Northern Territory in 1995 followed by the Federal Government's 1997 deprivation of the Territories' power to legislate on assisted dying invalidating said law. It further considers the fifty-seven failed Bills attempting to achieve law reform in this context in Australian jurisdictions between 1993 and 2017 with a view to identifying what factors may have contributed to the continuing lack of success. This article then outlines the rapid introduction of VAD laws in all six Australian States decriminalising VAD over the span of only 5 years. It ponders what may have changed to bring about this law reform. This article closes by contemplating potential future law reform in the Australian Territories, which have been reinstated with jurisdiction to legislate on VAD in December 2022.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"42-60"},"PeriodicalIF":1.7,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10896628/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10202863","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

Healthcare Services for Asylum-Seekers: Untangling the European Social Charter. 为寻求庇护者提供医疗保健服务：解读《欧洲社会宪章》。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwad018

Yana Litins'ka

{"title":"Healthcare Services for Asylum-Seekers: Untangling the European Social Charter.","authors":"Yana Litins'ka","doi":"10.1093/medlaw/fwad018","DOIUrl":"10.1093/medlaw/fwad018","url":null,"abstract":"Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive full healthcare services, whereas others may have only limited rights. The article shows that the migrant statuses created by national and EU law do not fit in the system of statuses in the Charter, which might produce legal hindrances to accessing health-related rights for asylum-seekers. The article also discusses the possible ways for the European Committee of Social Rights to further expand the scope of the Charter's application.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":"1-19"},"PeriodicalIF":1.7,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10896629/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10135525","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

Post-trial access to investigational drugs in India: addressing challenges in the regulatory framework. 印度研究药物的试用后准入：应对监管框架的挑战。

IF 1.7 4区医学

Medical Law Review Pub Date : 2024-02-26 DOI: 10.1093/medlaw/fwad028

Nidhi Mehrotra, Padmavati Manchikanti

引用次数: 0