Journal of Law and the Biosciences最新文献_第8页

Chinese legal response to the shared motherhood model in lesbians' family-making. 中国法律对女同性恋共同母性模式的回应。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad015

Chunyan Ding

{"title":"Chinese legal response to the shared motherhood model in lesbians' family-making.","authors":"Chunyan Ding","doi":"10.1093/jlb/lsad015","DOIUrl":"https://doi.org/10.1093/jlb/lsad015","url":null,"abstract":"Despite the non-recognition of same-sex relationships or marriage by the law, lesbian motherhood has become an emerging socio-legal issue in China. To fulfil their desires to reproduce and make a family, some Chinese lesbian couples adopt a `shared motherhood model' where one lesbian contributes an egg while her partner becomes pregnant through embryo transfer following artificial insemination with a donor's sperm. Because the shared motherhood model intentionally divides the roles of biological mother and gestational mother between lesbian couples, this has allowed legal controversies to emerge associated with the parenthood of the conceived child as well as custody, support of, and visitation of the child. There are two pending judicial cases involving a shared motherhood arrangement reported in the country. The courts have appeared reluctant to rule on them because Chinese law has not provided clear legal solutions to these controversial issues. They are highly cautious about delivering a decision not in line with the current legal position of non-recognition of same-sex marriage. Given little literature discussing Chinese legal responses to the shared motherhood model, this article aims to fill the gap by investigating the basis of parenthood under Chinese law and analysing the parentage issue concerning the different types of relationships between lesbians and children born of a shared motherhood arrangement.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad015"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/16/08/lsad015.PMC10284678.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10063371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Who would own the HeLa cell line if the Henrietta Lacks case happened in present-day South Africa? 如果亨丽埃塔·拉克斯的案子发生在今天的南非，谁会拥有海拉细胞系?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad011

Donrich W Thaldar

{"title":"Who would own the HeLa cell line if the Henrietta Lacks case happened in present-day South Africa?","authors":"Donrich W Thaldar","doi":"10.1093/jlb/lsad011","DOIUrl":"https://doi.org/10.1093/jlb/lsad011","url":null,"abstract":"The HeLa cell line was created in 1951 without consent from Henrietta Lacks, the person whose tissue sample was used. In 2021, the descendants of Henrietta Lacks sued a well-known biotechnology company for the profits it made from the HeLa cell line. In this article, ownership of the cell lines is investigated from a South African legal perspective by considering three possible contemporary scenarios bearing points of similarity to the Henrietta Lacks case. In the first scenario, informed consent is obtained to use a tissue sample for research and to commercialize the products of such research; in the second scenario, informed consent is materially deficient because of an honest mistake on the part of the research institution; and in the third scenario, informed consent is materially deficient due to willful disregard of the law on the part of the research institution. In the first two scenarios, ownership of the cell line created from the tissue sample would vest in the research institution, and the research participant would not have any legal action for financial compensation. However, in the third scenario, ownership of the cell line would vest in the research participant, who would be able to claim all profits made from trading the cell line. Whether the research institution acted in good faith is therefore a crucial determinant of the legal outcome.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad011"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10198699/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9634097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Allocating organs through algorithms and equitable access to transplantation-a European human rights law approach. 通过算法和公平的移植机会分配器官——这是欧洲人权法的做法。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad004

Audrey Lebret

引用次数: 0

Digital Sequence Information between Benefit-Sharing and Open Data. 利益共享与开放数据之间的数字序列信息。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-11-22 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac035

Irma Klünker, Heiko Richter

引用次数: 0

The body of law: boundaries, extensions, and the human right to physical integrity in the biotechnical age. 法律主体:生物技术时代的边界、延伸和人身完整的人权。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-10-31 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac032

Christoph Bublitz

{"title":"The body of law: boundaries, extensions, and the human right to physical integrity in the biotechnical age.","authors":"Christoph Bublitz","doi":"10.1093/jlb/lsac032","DOIUrl":"https://doi.org/10.1093/jlb/lsac032","url":null,"abstract":"The body is precondition of human existence and reference point of many legal norms. But the law only rarely asks what the body is more precisely. Answers might appear evident, but commonsensical conceptions of the body have been cast into doubt by feminists, artists, and disability theorists. Drawing on polyphonic arguments, they suggest social or post-human reconceptualizations with potential legal implications. Civil rights activists call for better protection of cyborg bodies; some legal scholars suggest redefining or even dismissing the right to bodily integrity because of its uncertain foundations. Of particular importance is the question of the boundaries of the body because the legal treatment of prostheses and assistive devices depends on whether they are part of it. This paper analyzes these boundaries with a focus on the right to bodily integrity, in light of the jurisprudence of the European Court of Human Rights and the foundational legal distinction between persons and things. It argues that bodies indeed have multiple boundaries, but none of them qualifies for legal purposes. The law must thus draw normative boundaries. Against the temper of times, it should resort to a naturalistic conception because it accommodates interests of stakeholders in the best way.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac032"},"PeriodicalIF":3.4,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/11/66/lsac032.PMC9621699.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40679861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Digital pills for the remote monitoring of medication intake: a stakeholder analysis and assessment of marketing approval and patent granting policies. 用于远程监测药物摄入的数字药片:对营销批准和专利授予政策的利益相关者分析和评估。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-10-18 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac029

Katerina Sideri, Julian Cockbain, Wim Van Biesen, Marc De Hert, Johan Decruyenaere, Sigrid Sterckx

{"title":"Digital pills for the remote monitoring of medication intake: a stakeholder analysis and assessment of marketing approval and patent granting policies.","authors":"Katerina Sideri, Julian Cockbain, Wim Van Biesen, Marc De Hert, Johan Decruyenaere, Sigrid Sterckx","doi":"10.1093/jlb/lsac029","DOIUrl":"https://doi.org/10.1093/jlb/lsac029","url":null,"abstract":"This article explores whether 'digital pills' that track medication intake should be used to enhance adherence. We concentrate on psychiatric conditions since these pose unique challenges. We analyze two public policies that potentially encourage the development of systems for remote monitoring of intake, namely the granting of patents and marketing authorization, and identify key stakeholders and their main interests so as to discuss whether these policies provide disproportionate benefits to some. The stakeholders identified are patients, system providers, drug manufacturers, insurers or healthcare systems, physicians, data users, and society at large. We discuss relevant industry reports, regulatory data, patent documents, and academic literature, and argue that there is concern that the drivers for these tracking systems are revenue and the monitoring of 'compliance' rather than 'adherence'. While accepting that the use of these systems can be justified in some circumstances, in our view these systems pose risks to patient autonomy, Shared Decision-Making, and privacy. We also find that policies on granting patents and marketing authorization overly favor the commercial actors and put patients' interests at risk. Accordingly, we propose that additional safeguards are required.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac029"},"PeriodicalIF":3.4,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/93/4a/lsac029.PMC9578571.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40671228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Why uterine transplantation requires us to rethink the role of the pre-conception welfare principle. 为什么子宫移植需要我们重新思考孕前福利原则的作用。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-10-11 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac028

Laura O'Donovan

{"title":"Why uterine transplantation requires us to rethink the role of the pre-conception welfare principle.","authors":"Laura O'Donovan","doi":"10.1093/jlb/lsac028","DOIUrl":"https://doi.org/10.1093/jlb/lsac028","url":null,"abstract":"Uterine transplantation (UTx) is a programme of treatment aimed at providing a unique solution to absolute uterine factor infertility, enabling patients to have children as a result of their own pregnancies. As a transplant procedure performed for fertility purposes it may be thought obvious that the welfare of any children created should be assessed prior to treatment provision. However, major concerns about the breadth and scope of such requirements, and the potential threat they pose to patients' reproductive autonomy, have been raised. In this paper, I analyse novel questions regarding the role of the pre-conception welfare principle in UTx. After outlining traditional critiques of the principle, I focus on the unique issues raised by its application in the two areas of medicine occupied by UTx. As a treatment for a particular form of infertility, I explore whether law and policy regulating traditional assisted reproductive technologies applies equally to the case of UTx, and whether a distinction (in welfare terms) does and should exist between fertility treatment involving gametes and embryos and gynaecological surgery for fertility purposes. As a quality-of-life-enhancing transplant, I consider and reject proposals in favour of using pre-conception welfare considerations to inform patient listing and the allocation of deceased donor uteri on the grounds that such assessments may both compromise patient autonomy and lead to unjust discrimination against particular patients or groups of patients.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac028"},"PeriodicalIF":3.4,"publicationDate":"2022-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9552994/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33508690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Value choices in European COVID-19 vaccination schedules: how vaccination prioritization differs from other forms of priority setting. 欧洲COVID-19疫苗接种计划的价值选择:疫苗接种优先级与其他形式的优先级设置有何不同

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-09-26 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac026

Karolina Wiśniowska, Tomasz Żuradzki, Wojciech Ciszewski

{"title":"Value choices in European COVID-19 vaccination schedules: how vaccination prioritization differs from other forms of priority setting.","authors":"Karolina Wiśniowska, Tomasz Żuradzki, Wojciech Ciszewski","doi":"10.1093/jlb/lsac026","DOIUrl":"https://doi.org/10.1093/jlb/lsac026","url":null,"abstract":"With the limited initial availability of COVID-19 vaccines in the first months of 2021, decision-makers had to determine the order in which different groups were prioritized. Our aim was to find out what normative approaches to the allocation of scarce preventive resources were embedded in the national COVID-19 vaccination schedules. We systematically reviewed and compared prioritization regulations in 27 members of the European Union, the United Kingdom, and Israel. We differentiated between two types of priority categories: groups that have increased infection fatality rate (IFR) compared to the average for the general population and groups chosen because their members experience increased risk of being infected (ROI). Our findings show a clear trend: all researched schedules prioritized criteria referring to IFR (being over 65 years old and coexisting health conditions) over the ROI criteria (eg occupation and housing conditions). This is surprising since, in the context of treatment, it is common and justifiable to adopt different allocation principles (eg introducing a saving more life-year approach or prioritizing younger patients). We discuss how utilitarian, prioritarian, and egalitarian principles can be applied to interpret normative differences between the allocation of curative and preventive interventions.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac026"},"PeriodicalIF":3.4,"publicationDate":"2022-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/13/51/lsac026.PMC9512243.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40380389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

On CAR-Ts, decentralized in-house models, and the hospital exception. Routes for sustainable access to innovative therapies. 关于car - t，分散的内部模型，以及医院的例外。可持续获得创新疗法的途径。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-09-23 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac027

Luca Arnaudo

{"title":"On CAR-Ts, decentralized in-house models, and the hospital exception. Routes for sustainable access to innovative therapies.","authors":"Luca Arnaudo","doi":"10.1093/jlb/lsac027","DOIUrl":"https://doi.org/10.1093/jlb/lsac027","url":null,"abstract":"Chimeric Antigen Receptor T cells, or CAR-Ts, are a novel class of gene and cell 'one-shot' therapies based upon collecting, reprogramming, and using patients' own immune cells to treat their cancer. The article discusses the status, prospects, and some relevant legal issues of this frontier of personalized medicine. In particular, it explores the legitimacy of 'in-house' CAR-Ts, ie treatments manufactured and delivered to patients within the same clinical center by relying upon automated cell processing systems, a decentralized model which is very different from the one currently adopted for manufacturing existing commercial CAR-Ts. A few legal routes are envisioned for legitimately developing CAR-Ts within decentralized, non-commercial operational sets. In more detail, the article explores, firstly, the issue of 'academic' CAR-Ts (ie therapies developed and administered to patients as experimental drugs). A focus is then provided on what is known as the 'hospital exception' (HE), a special feature of current EU pharmaceutical regulation for non-routine preparations of custom-made advanced therapy medicinal products. Conclusions support a regulatory convergence on shared models of decentralized manufacturing, also through a broader and clearer application of the HE, to enhance a virtuous complementarity between in-house autologous and commercial allogeneic CAR-Ts, for the benefit of patients, pharmaceutical R&D, and sustainable healthcare systems.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac027"},"PeriodicalIF":3.4,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/1d/4b/lsac027.PMC9507023.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40379447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Forensic DNA phenotyping in Europe: How far may it go? 欧洲的法医DNA表型:它能走多远?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-09-14 eCollection Date: 2022-07-01 DOI: 10.1093/jlb/lsac024

Martin Zieger

{"title":"Forensic DNA phenotyping in Europe: How far may it go?","authors":"Martin Zieger","doi":"10.1093/jlb/lsac024","DOIUrl":"https://doi.org/10.1093/jlb/lsac024","url":null,"abstract":"The fast evolution of genetic sequencing techniques led to new applications in forensic genetics, one of these being the prediction of the physical appearance of a possible perpetrator from biological traces found at the crime scene. Some European countries recently changed their legislations, to permit this technique, also known as Forensic DNA Phenotyping (FDP). The phenotypical traits that may be analyzed under those revised domestic laws are usually restricted to include no information about the suspect's health. This article elaborates whether the European legal framework, as set by the Council of Europe and the European Union (EU), defines any boundaries for the analytical scope of FDP. After a brief introduction to FDP and a description of the type of data collected through predictive forensic genetics, this article discusses the relevant European legislation and the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) around privacy, data protection and the use of genetic data. The article attempts to define possible limits for forensic genetic analysis, by eventually trying to predict the jurisprudence of the two European courts.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":"lsac024"},"PeriodicalIF":3.4,"publicationDate":"2022-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/5c/ad/lsac024.PMC9473354.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40368006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5