Accessing Reproductive Technology in France

Author(s):  
Laurence Brunet ◽  
Véronique Fournier

This chapter compares French and American approaches to assisted reproductive technologies (ART). These countries are a fascinating (and unexplored) mirror: the United States focuses on the individual, while France emphasizes the best interest of society as a whole. This results in an access to ART largely open in the United States, yet all costs are covered by patients, and an access strictly regulated by law in France (and quite restricted until recent changes), yet costs are fully financed. This chapter introduces readers to the legal framework of access to ART in France and its cultural foundations. It highlights the insistence on the “right to privacy” in the United States, a concept much less valued in France, and concludes with a discussion, using clinical cases, of the ethical issues underlying tensions between reproductive autonomy and public policymaking, which differ in both countries.

1969 ◽  
pp. 256 ◽  
Author(s):  
Elaine F. Geddes

The author examines the law with respect to the status and powers of private investigators and reviews cases in both Canada and the United States involving the activities of private investigators. Possible remedies available against the private investigator, both in tort and criminal law, are reviewed, as well as American cases on the common law of invasion of privacy, Canadian cases under the various provincial Privacy Acts and possible remedies under the Charter of Rights. Privacy is the right of the individual to decide for himself how much of his life, his thoughts, emotions and the facts that are personal to him he will share with others.


2021 ◽  
Author(s):  
◽  
Zuryati Mohamed Yusoff

<p>In Malaysia, the rights and liberties of the individual are recognised in the Federal Constitution of Malaysia. However, the right to privacy does not have the express constitutional recognition enjoyed by other rights such as the right to life and liberty and freedom of expression. This thesis identifies gaps in the protection of privacy interests in the current legal framework. There is no self-standing law on privacy in Malaysia, though there are several laws which provide limited rights to privacy such as the laws on data protection and criminal law. The existing laws are inadequate to protect private information and to protect against the intrusion of privacy. The importation of foreign principles through the reception of English Common Law offers only limited protection. Malaysia should, therefore, have a specific law to protect privacy. With a view to attaining that goal for Malaysia, this thesis undertakes a comparative analysis of two different experiences of the development of the law of privacy. They are the privacy law in England, which is largely based on the law of breach of confidence, and the privacy law in New Zealand, which has a distinct privacy tort recognised in its case law. The conclusion is that those countries’ experience can inform developments in Malaysia, and that the best way for Malaysia to develop its law now is by the enactment of a specific Privacy Act.</p>


Author(s):  
Araz Poladov

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.


2011 ◽  
Vol 60 (4) ◽  
Author(s):  
Elena Ferioli ◽  
Mario Picozzi

La richiesta di istituire biobanche oggi diventa sempre più impellente. Una biobanca è una struttura dove si raccolgono per un tempo lungo materiale biologico e dati di natura biomedica correlati al campione, che può provenire sia da pazienti che da cittadini. Da un lato si riconosce il ruolo che le biobanche possono avere sia nell’acquisire nuove conoscenze sia nel favorire nuovi trattamenti di diagnosi e cura, dall’altro è necessario riflettere sulle delicate e complesse questioni giuridiche ed etiche ad esse sottese. Il presente contributo, dopo aver fatto chiarezza sulla definizione e sui requisiti tecnici necessari per l’istituzione di una biobanca, si sofferma ad analizzare le principali questioni etico-giuridiche: a chi appartiene il tessuto e chi beneficia dei risultati ottenuti? Quale consenso informato è adeguato per protocolli sperimentali non prevedibili al momento del prelievo del tessuto? Come può essere garantita la riservatezza dei dati, anche in funzione dell’analisi genetica? Gli argomenti vengono analizzati a partire dalla letteratura internazionale, mostrando le diverse posizioni. In tema di proprietà del tessuto e di proprietà intellettuale dei risultati si evidenzia come sta emergendo una concezione solidaristica, in cui materiale e informazioni sono da considerarsi risorse a disposizione dell’intera collettività, che ne affida alla biobanca la gestione. Il modello di consenso informato che sembra prevalere è quello definito “ampliato”, di cui si evidenziano pregi e difetti, nell’ottica di un bilanciamento tra autonomia del soggetto, interesse della collettività ed esigenze della ricerca. La questione della riservatezza impone di riflettere sia sul diritto alla privacy sia sulla possibilità di utilizzo del dato per finalità di ricerca. Data la complessità delle questioni emerse, si ritiene che necessariamente la fiducia del paziente/cittadino verso la comunità scientifica giochi un ruolo fondamentale. Il Comitato di etica, a cui vanno assicurate competenze e risorse adeguate, diventa lo strumento di garanzia indispensabile per una gestione eticamente accettabile della biobanca. ---------- Today the request to create biobanks is more and more urgent. A biobank is a structure where biological specimens and related biomedical data, obtained from patients and/or citizens , are stored over time. On one hand, we acknowledge the role that biobanks may have in acquiring new knowledge and fostering new treatments for diagnosis and therapy, on the other we need to reflect upon the delicate and complex legal and ethical issues that biobanks rise. This paper, after defining the concept of biobank and the technical requirements needed to establish one, analyzes some major ethical and legal issues: Who owns the tissues and who can benefit from potential results? Which kind of informed consent is the most appropriate for experimental protocols not yet predictable at the time of tissue collection? How can data confidentiality be guaranteed also in relation to genetic analysis? The topics are analyzed with reference to the international literature, comparing different perspectives. Regarding the ownership of biological samples and the intellectual property rights of the potential research outputs based on the data, the recent literature introduces a new concept of solidarity which consider all samples and information at full disposal of the entire community and which indicates the biobank as the manager of the archive. The model of “broad” informed consent seems to prevail: we indicate its points of strength and weakness, considering a necessary balance among the individual autonomy, the collective interest and the research requirements. Finally, regarding the confidentiality of all data, we need to reflect upon the right to privacy along with the possibility to use the available data for research purpose. Considering the complexity of these issues, we believe that the patient’s trust towards the scientific community is the main matter. The Ethics Committee, to whom adequate resources and expertise must be granted, becomes the assurer entity for an ethically acceptable management of a biobank.


2019 ◽  
pp. 3-21
Author(s):  
Robert L. Klitzman

This introductory chapter provides an outline of the structure and themes of the book, and describes how I became interested in this topic—through both personal and professional experiences. The chapter presents a brief overview of infertility and several assisted reproductive technologies (ARTs), including new technologies (e.g., gene editing and CRISPR) and their history; recent statistics on use of these interventions in the United States and elsewhere; several relevant current policies, guidelines, and recent legal cases in the United States, Europe, and elsewhere (e.g., from the FDA, CDC, and the American Society for Reproductive Medicine [ASRM]) pertaining to sale and purchase of so-called third-party gametes (i.e., human eggs and sperm); costs and insurance coverage; ethical issues posed by ARTs (e.g., regarding eugenics); and other aspects of these treatments. The chapter also provides an overview of the qualitative methods used in the research that forms a basis of the book.


2015 ◽  
Vol 43 (2_3) ◽  
pp. 165-233
Author(s):  
Anna-Maria Hambre

This article, based on my PhD thesis:“Tax Confidentiality: A Comparative Study and Impact Assessment of Global Interest, “compares Swedish and US tax confidentiality legislation concerning public opportunities of accessing tax information held by their respective tax administrations. The article concerns itself with the historical development of tax confidentiality legislation, the general legal framework, the reasons behind tax confidentiality, and the main content of the tax confidentiality rules. The overall comparative conclusion is that Sweden provides a high level of tax transparency based on the right of public access to official documents, while the United States offers a high-level of confidentiality and protection of taxpayer information based on the individual's right to privacy. Notwithstanding this overall difference, there are certain similarities, such as public accessibility being source-based. That is, if the individual's tax information is contained in a tax return, then the information is confidential, however, if it is contained in public court records, then the information is public.


2019 ◽  
Vol 17 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Martin Hinton ◽  
Agnieszka Budzyńska-Daca

This paper combines quantitative and qualitative methodologies to study the persuasive strategies employed by candidates taking part in televised pre-election debates in Poland and the United States between 1995 and 2016. First, the authors identify the key strategies and calculate the frequency with which they are used by individual candidates. This allows for numerical comparisons between politicians in the two polities, as well as between winners and losers, and candidates of the right and the left politically. These statistical results led the authors to look more closely at the individual styles of two contrasting debaters. We conclude that the rhetorical landscape of political communication does not differ greatly between the two countries; although the data suggest noticeable differences in the approach of political parties and between individuals.


Author(s):  
Rajinder Kaur ◽  
Prabal Mehrotra

The right to privacy, characterised by Justice Brandeis in Olmestead v. United States (1928)277 US 438 as the “right to be let alone: the most comprehensive of rights and the right most valued by civilised men,” is recognized under India’s constitution by the Supreme Court in four rulings: Kharak Singh v. State of Uttar Pradesh and Ors. AIR 1963 SC 1295; Govind v. State of Madhya Pradesh and Anr. (1975)2 SCC 148; R. Rajagopal alias R.R. Gopal and Anr. v. State of Tamil Nadu and Ors. (1994)6 SCC 632; and District Registrar and Collector, Hyderabad and Anr. v. Canara Bank (2005)1 SCC 496.1 This aim of this chapter is to analyze the legislative provisions prevalent in India, especially those afforded by the Information Technology (Amendment) Act, 2008, and the Ministry of Communication and Information Technology, Government of India, and also the legislative provisions accorded to data protection in the United Kingdom and the United States of America, so as to be able to reach a conclusion that will address the need for data protection law(s).


1907 ◽  
Vol 1 (4) ◽  
pp. 914-929 ◽  
Author(s):  
W. W. Willoughby

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.


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