{"title":"Paul Enríquez, Rewriting Nature: The Future of Genome Editing and how to Bridge the Gap Between Law and Science","authors":"J. Snelling","doi":"10.1093/medlaw/fwad023","DOIUrl":"https://doi.org/10.1093/medlaw/fwad023","url":null,"abstract":"","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42873905","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}
{"title":"Fiona Bloomer and Emma Campbell (eds), Decriminalizing Abortion in Northern Ireland, Volumes 1 (Legislation and Protest) and 2 (Allies and Abortion Provision)","authors":"R. Smyth","doi":"10.1093/medlaw/fwad024","DOIUrl":"https://doi.org/10.1093/medlaw/fwad024","url":null,"abstract":"","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45575775","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}
{"title":"Joel Michael Reynolds and Christine Wieseler (eds), The Disability Bioethics Reader","authors":"H. Robinson","doi":"10.1093/medlaw/fwad020","DOIUrl":"https://doi.org/10.1093/medlaw/fwad020","url":null,"abstract":"","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48888537","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}
{"title":"Daniel Wei Liang Wang, ‘Health Technology Assessment, Courts and the Right to Healthcare’","authors":"Thomas J W Peck","doi":"10.1093/medlaw/fwad019","DOIUrl":"https://doi.org/10.1093/medlaw/fwad019","url":null,"abstract":"","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61675761","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}
{"title":"Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?","authors":"Emma Cave, Aisling McMahon","doi":"10.1093/medlaw/fwac042","DOIUrl":"https://doi.org/10.1093/medlaw/fwac042","url":null,"abstract":"<p><p>Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allowed recipients to choose amongst them, though there are multiple reasons why choice would be valued. We consider the policy justifications for state controls on recipient choice amongst COVID-19 vaccine brands, focusing on European countries and drawing on the UK context as an example. We contrast justifications for not offering choice at the height of the early pandemic crisis, and as some states seek to de-escalate their response and transition towards living with COVID-19. We argue that in the latter context public expectations of choice between available vaccine brands and platforms may rise, but that several considerations may justify continued restrictions on choice. A key factor which states should continue to take into consideration is the global nature of the pandemic. Insofar as offering recipient choice at a national level might exacerbate global inequity in vaccine distribution, states retain a normative and legal justification for restricting choice amongst available and clinically suitable vaccine brands.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"272-292"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9620748/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9518780","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}
{"title":"Parsing human rights, promoting health equity: reflections on Colombia's response to Venezuelan migration.","authors":"Stefano Angeleri, Thérèse Murphy","doi":"10.1093/medlaw/fwac053","DOIUrl":"https://doi.org/10.1093/medlaw/fwac053","url":null,"abstract":"<p><p>Over the last 7 years, a multidimensional crisis in Venezuela has resulted in massive emigration. Over 7 million have fled the country, with more than 2.4 million seeking to settle in Colombia. Of these, as of 2021, more than 1 million were undocumented, but the situation has started to change with the implementation of an ambitious migrant regularisation scheme. Regularisation promises access to comprehensive healthcare, full educational opportunities and the formal labour market. Securing these social determinants of health is critical because social inequalities produce health inequalities-that is, systematic health differences that are preventable and thus unjust. Social medicine, social epidemiology and international human rights law agree on this, yet law-focused studies of health equity initiatives remain rare. Aiming to reverse this, we examine Colombia's response to Venezuelan migration, including its recent migrant regularisation initiative, which was introduced in part to comply with the country's obligations under international human rights law. The examination foregrounds what we are calling 'legal literacy', testing the hypothesis that advancing health equity involves asking more and better questions about international human rights law.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"187-204"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10210063/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9877745","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}
{"title":"The Voluntary Sterilisation Act: Best Interests, Caregivers, and Disability Rights.","authors":"Hillary Chua","doi":"10.1093/medlaw/fwac036","DOIUrl":"https://doi.org/10.1093/medlaw/fwac036","url":null,"abstract":"<p><p>How can caregivers' interests be balanced with disability rights in decisions about whether to sterilise an intellectually disabled person? This question is considered in the context of Singapore, a commonwealth country that lacks a test case. Singapore has a lesser-known history of eugenics, and has struck an uneasy compromise between communitarian values and obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in recent years. This article provides an overview of Singaporean law under the Voluntary Sterilisation Act 1974 and the Mental Capacity Act 2008, and compares this with the law in Canada, England and Wales, and Australia. This article also situates the CRPD in the context of Singapore's dualist view of international law and communitarian approach to disability policy. It argues that CRPD rights to bodily integrity can be presumptively upheld in best interests determinations on sterilisation, while caregivers' interests can be accommodated in a relational understanding of best interests. A decisional framework along these lines is proposed.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"205-225"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9873018","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}
Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros
{"title":"Record linkage of routine and cohort data of children in Portugal: challenges and opportunities when using record linkage as a tool for scientific research.","authors":"Julia Nadine Doetsch, Vasco Dias, Inês Lopes, Regina Redinha, Henrique Barros","doi":"10.1093/medlaw/fwac040","DOIUrl":"https://doi.org/10.1093/medlaw/fwac040","url":null,"abstract":"<p><p>Linking records could serve as a useful tool for scientific research and as a facilitator for local policymaking. This article examines the challenges and opportunities for researchers to lawfully link routinely collected health and education data with cohort data of children when using it as a tool for scientific research in Portugal. Such linking can be lawfully conducted in Portugal if three requirements are met. First, data processing pursues a legitimate purpose, such as scientific research. Secondly, data linking complies with the legal obligations of research entities and researchers, acting as data controllers or processors, and it respects the rights of children as data subjects. Finally, data linking is based on the explicit written consent of those with parental responsibility for the child. So far, the implementation of the General Data Protection Regulation in Portugal has not facilitated record linkage. It is argued that further harmonised implementation of that Regulation across European Union and European Economic Area Member States, establishing a minimum shared denominator for record linkage in scientific research for the common good, including without explicit consent, is needed.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"247-271"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9511632","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}
{"title":"Plaintiff aims in medical negligence disputes: limitations of an adversarial system.","authors":"Mary-Elizabeth Tumelty","doi":"10.1093/medlaw/fwac037","DOIUrl":"https://doi.org/10.1093/medlaw/fwac037","url":null,"abstract":"<p><p>The adversarial nature of medical negligence litigation is subject to frequent criticism by the media, patient advocates, and scholars. In Ireland, reform of the medical negligence dynamic is often mooted, particularly in response to the high financial costs of this type of litigation; however, change in this area has been slow. Recently, the Irish courts have dealt with a number of high-profile, medical negligence disputes, including claims for those affected by the CervicalCheck controversy, which involved the failure to disclose the results of a retrospective audit to women who had developed cervical cancer. These cases have again highlighted the shortcomings of an adversarial system. This article explores the limitations of the tort system in the context of plaintiff aims in medical negligence disputes, drawing on empirical findings (qualitative interviews with patient support groups and barristers), and the literature. In doing so, the article argues that while financial compensation is necessary and appropriate in cases of medical negligence, the current system fails to recognise the often emotional nature of these claims, and the wider needs and aims of litigants involved in these disputes.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 2","pages":"226-246"},"PeriodicalIF":1.7,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/48/7e/fwac037.PMC10210064.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9515689","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}