Medical Law Review最新文献_第8页

RELATIONSHIPS, RIGHTS, AND RESPONSIBILITIES: (RE)VIEWING THE NHS CONSTITUTION FOR THE POST-PANDEMIC 'NEW NORMAL'. 关系、权利和责任:(重新)为大流行后的“新常态”审视NHS宪法。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac028

Caroline A B Redhead, Sara Fovargue, Lucy Frith, Anna Chiumento, Heather Draper, Paul B Baines

{"title":"RELATIONSHIPS, RIGHTS, AND RESPONSIBILITIES: (RE)VIEWING THE NHS CONSTITUTION FOR THE POST-PANDEMIC 'NEW NORMAL'.","authors":"Caroline A B Redhead, Sara Fovargue, Lucy Frith, Anna Chiumento, Heather Draper, Paul B Baines","doi":"10.1093/medlaw/fwac028","DOIUrl":"https://doi.org/10.1093/medlaw/fwac028","url":null,"abstract":"Action needs to be taken to map out the fairest way to meet the needs of all NHS stakeholders in the post-pandemic 'new normal'. In this article, we review the NHS Constitution, looking at it from a relational perspective and suggesting that it offers a useful starting point for such a project, but that new ways of thinking are required to accommodate the significant changes the pandemic has made to the fabric of the NHS. These new ways of thinking should encompass concepts of solidarity, care, and (reciprocal) responsibility, grounded in an acceptance of the importance of relationships in society. To this end, we explore and emphasise the importance of our interconnections as NHS stakeholders and 're-view' the NHS Constitution from a relational perspective, concentrating on the rights and responsibilities it describes for patients and the public as NHS stakeholders. We argue that the NHS Constitution, of which most stakeholders are probably unaware, can be used as a tool to engage us, and to catalyse conversation about how our responsibilities as NHS stakeholders should change in the post-pandemic 'new normal'.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"83-108"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969409/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10793282","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: 2

ON GESTATION AND MOTHERHOOD. 关于怀孕和母性。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac030

Zaina Mahmoud, Elizabeth Chloe Romanis

{"title":"ON GESTATION AND MOTHERHOOD.","authors":"Zaina Mahmoud, Elizabeth Chloe Romanis","doi":"10.1093/medlaw/fwac030","DOIUrl":"https://doi.org/10.1093/medlaw/fwac030","url":null,"abstract":"In English law, legal motherhood is allocated to the person who gestated. However, we argue that gestation-legally denoted as the \"natural\" source of parenting obligations-is often constructed as mothering, rather than the precursor to it. This means that women and pregnant people are treated as mothers prior to birth in legal and medical contexts. Since legal motherhood is an important status, defining the role an individual plays in a child's life, the conflation of gestation and motherhood does not reflect that, legally, a fetus does not have personhood. This blurring between gestation and motherhood is metaphysically incoherent, as a fetus is not an entity that can be parented. This conflation poses a real harm to pregnant people's autonomy, specifically those who do not intend to parent or who do not identify as women. More broadly, the medico-legal conflation of gestation and mothering is autonomy-limiting for all pregnant people as, resultantly, they may be coerced into obstetric intervention through legal processes. We argue for a better recognition of the differences between gestation and mothering, to promote autonomy and reflect the very different ways families may be formed.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"109-140"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969408/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10797616","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: 2

'THIS IS NO COUNTRY FOR OLD (WO)MEN'? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC. “这不是老男人的国家”?COVID-19大流行期间对养老院居民采取的方法的审查。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac023

Clayton Ó Néill

{"title":"'THIS IS NO COUNTRY FOR OLD (WO)MEN'? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC.","authors":"Clayton Ó Néill","doi":"10.1093/medlaw/fwac023","DOIUrl":"https://doi.org/10.1093/medlaw/fwac023","url":null,"abstract":"This article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"31 1","pages":"25-46"},"PeriodicalIF":1.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9384513/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10782283","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: 3

B v University of Aberdeen [2020] CSIH 62: Where there's a will, there's a way. B诉阿伯丁大学[2020]CSIH 62:有志者事竟成。

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-27 DOI: 10.1093/medlaw/fwac048

Alexander Tiseo

引用次数: 0

Carolyn Adams, Judy Allen, and Felicity Flack, Sharing Linked Data for Health Research: Toward Better Decision Making Carolyn Adams、Judy Allen和Felicity Flack，分享健康研究的关联数据：走向更好的决策

IF 1.7 4区医学

Medical Law Review Pub Date : 2023-02-09 DOI: 10.1093/medlaw/fwad003

E. Dove

引用次数: 1

Bo Chen, Mental Health Law in China: A Socio-Legal Analysis, Routledge, 2022, Hardback/ebook, 176 pp, £120/£33.29, ISBN 9781032079066 陈波，《中国精神卫生法:社会-法律分析》，劳特利奇出版社，2022，精装本/电子书，176页，120英镑/ 33.29英镑，ISBN 9781032079066

4区医学

Medical Law Review Pub Date : 2023-01-18 DOI: 10.1093/medlaw/fwad001

Alex Ruck Keene

引用次数: 0

Mary Donnelly, Rosie Harding and Ezgi Taşcıoğlu, Supporting Legal Capacity in Socio-Legal Context 玛丽·唐纳利、罗西·哈丁和埃兹吉Taşcıoğlu，《社会法律背景下的法律行为能力支持》

4区医学

Medical Law Review Pub Date : 2023-01-05 DOI: 10.1093/medlaw/fwac054

Jordan Briggs

引用次数: 0

The Challenge of Bioinequality: Addressing the Health Impact of Unequal Treatment Through Law. 生物不平等的挑战:通过法律解决不平等待遇对健康的影响。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-12-08 DOI: 10.1093/medlaw/fwac035

Isabel A Karpin, Karen O'Connell

{"title":"The Challenge of Bioinequality: Addressing the Health Impact of Unequal Treatment Through Law.","authors":"Isabel A Karpin, Karen O'Connell","doi":"10.1093/medlaw/fwac035","DOIUrl":"https://doi.org/10.1093/medlaw/fwac035","url":null,"abstract":"Global social movements for justice have called for better legal responses to the harms of inequality. These inequalities have traditionally been dealt with in the political sphere and legal measures to address them have taken little account of emerging knowledge about the biological impact of unequal treatment. We use the concept 'bioinequalities' to foreground the relationship increasingly articulated in studies that show that social stress and trauma associated with unequal treatment have a significant epigenetic and intergenerational impact on the body. This article proposes a way to address the health harms that result from inequality by drawing on the existing concept of the 'hostile environment' in sexual harassment jurisprudence in Australia. Our 'bioinequality' approach focuses on the way that inequality operates in and as a hostile and harmful environment for the embodied and embedded beings that live in it. We examine the possibilities of using the concept of a hostile environment to more effectively address discriminatory harms alongside a positive duty to create non-hostile environments. In so doing we offer a broader, bioscientifically informed approach that can inform equality laws in other jurisdictions.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 4","pages":"635-657"},"PeriodicalIF":1.7,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10334051","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: 1

The legal determinants of health (in)justice. 健康司法的法律决定因素。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-12-08 DOI: 10.1093/medlaw/fwac050

John Coggon, Beth Kamunge-Kpodo

{"title":"The legal determinants of health (in)justice.","authors":"John Coggon, Beth Kamunge-Kpodo","doi":"10.1093/medlaw/fwac050","DOIUrl":"https://doi.org/10.1093/medlaw/fwac050","url":null,"abstract":"The mutual influences of social epidemiology and ideas of justice, each on the other, have been seminal in the development of public health ethics and law over the past two decades, and to the prominence that these fields give to health inequalities and the social-including commercial, political, and legal-determinants of health. General and political recognition of injustices in systematised health inequalities have further increased given the crushingly unequal impacts of the COVID-19 pandemic; including impacts of the legal and policy responses to it. However, despite apparent attention from successive UK governments to injustices concerning avoidable inequalities in health opportunities and outcomes, significant challenges impede the creation of health laws and policy that are both effective and ethically rigorous. This article critically explores these points. It addresses deficiencies in a UK health law landscape where health care contexts and medico-ethical assumptions predominate, to the great exclusion of broader social and governmental influences on health. The article explains how a public health framing better serves analysis, and engages with a framework of justice-oriented questions that must be asked if we are to understand the proper place and roles of law and regulation for the public's health.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 4","pages":"705-723"},"PeriodicalIF":1.7,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9732647/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10350191","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: 2

The social determinants of health, law, and urban development: using human rights to address structural health inequalities in our cities. 健康、法律和城市发展的社会决定因素:利用人权解决我们城市中的结构性健康不平等问题。

IF 1.7 4区医学

Medical Law Review Pub Date : 2022-12-08 DOI: 10.1093/medlaw/fwac047

Lisa Montel

{"title":"The social determinants of health, law, and urban development: using human rights to address structural health inequalities in our cities.","authors":"Lisa Montel","doi":"10.1093/medlaw/fwac047","DOIUrl":"https://doi.org/10.1093/medlaw/fwac047","url":null,"abstract":"The COVID-19 pandemic exacerbated profound inequalities in the conditions in which people live, work, and age. Law plays a critical role in shaping these structural health inequalities, which have existed for decades. This dynamic can be observed at the local level, with cities operating as environments unequally distributing the risks of non-communicable diseases between population groups. This article first focuses on urban development to explore the conceptual links between health inequalities and the role of law. I expand this observation and I posit that the social determinants of health are about human rights. With that in mind, I argue that human rights are necessary to address the issue of unequally unhealthy urban environments, hence recognising that people are entitled to a minimum essential level of the conditions in which they live, work, and age, which the State is responsible to fulfil. By way of strengthening my argument, I lay out how a human rights framework can improve these conditions and ameliorate unfair inequalities. Finally, I recognise and respond to the limits of a human rights approach.","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"30 4","pages":"680-704"},"PeriodicalIF":1.7,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9732648/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10405048","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: 1