Proportionality in Medical Law

2019 ◽  
pp. 172-184
Author(s):  
Francisco J Urbina
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Medical Law ◽  
Law And Ethics ◽  
Proportionality Test

The chapter surveys the use of proportionality reasoning in medical law, attempting to analyse the different requirements entailed by proportionality, and highlight some potential deficiencies of proportionality reasoning in the domain of medical law. The chapter suggests some jurisprudential, moral, and institutional questions raised by the application of proportionality. It focuses on a prominent use of proportionality in this field: the application of the proportionality test in human rights cases concerning assisted suicide and euthanasia. It concludes that although the use of proportionality in human rights cases is open to important challenges, other uses of proportionality in medical law and ethics are less problematic.

Mason and McCall Smith's Law and Medical Ethics

2019 ◽  
Author(s):  
Graeme Laurie ◽  
Shawn Harmon ◽  
Edward Dove
Keyword(s):  
Data Protection ◽  
Assisted Suicide ◽  
Comparative Approach ◽  
Medical Law ◽  
Supreme Court Ruling ◽  
General Data Protection Regulation ◽  
Research With Children ◽  
Modern Health Care ◽  
Law And Ethics ◽  
Law Student

This textbook has provided a framework for exploring medical law and ethics for more than 35 years. It provides extensive examination of the interrelationship between ethical medical practice and the law. The authors offer their own opinions on current debates and controversies, and encourage readers to formulate their own views and arguments. Medical law is significantly shaped by the courts, and this book provides extensive coverage of recent judicial decisions as well as statutory developments. This eleventh edition continues to take a comparative approach, as in the case of assisted suicide, and also on the growing influence of international instruments and collaborations, as demonstrated in the field of health research. Despite the prospect of Brexit, the book continues to offer a dedicated and in-depth chapter on the influence of EU law on the field. The book is essential reading for any serious medical law student or practitioner, as well as being of interest to all those involved in the delivery and regulation of modern health care. New or updated material includes: a new chapter bringing together the range of ethico-legal issues affecting children, including minors and consent, data protection and research with children; detailed discussion of the high-profile court decisions involving Charlie Gard and Alfie Evans regarding medically futile treatment of infants; consideration of the Supreme Court ruling in Darnley v Croydon Health Services and the implications for A&E departments and their duty of care to patients; discussion of updated GMC guidance on Confidentiality (2017); fully updated discussion of the case law and changes in regulation of international surrogacy; and consideration throughout of the of the General Data Protection Regulation, which came in May 2018.

Crime-Preventing Neurointerventions and the Law

2018 ◽  
Author(s):  
Lisa Forsberg
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Sex Offenders ◽  
Ethical Issues ◽  
Medical Law ◽  
Human Rights Law ◽  
Mental Health Legislation ◽  
Different Types ◽  
Legal Regimes ◽  
Health Legislation

Anti-libidinal interventions (ALIs) are a type of crime-preventing neurointervention (CPN) already in use in many jurisdictions. This chapter examines different types of legal regimes under which ALIs might be provided to sex offenders. The types of legal regimes examined are dedicated statutes that directly provide for ALI use, consensual ALI provision under general medical law principles, mental health legislation providing for ALI use (exemplified by the mental health regime in England and Wales), and European human rights law as it pertains to ALI provision. The chapter considers what we might learn from ALIs in respect of likely or possible arrangements for the provision of other CPNs, and draws attention to some ethical issues raised by each of these types of regime, worth keeping in mind when considering arrangements for CPN provision.

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

Berufsordnungen im Rahmen der Verfassung

2021 ◽  
Author(s):  
Sebastian Krekeler
Keyword(s):  
Assisted Suicide ◽  
Legal Status ◽  
Medical Profession ◽  
Employment Law ◽  
Third Party ◽  
Medical Law ◽  
Self Administration ◽  
Medical Treatments ◽  
Considerable Impact

Although the medical employment law addresses only the medical profession immediately, it does have a considerable impact on third-party rights. The statutory prohibitions of the medically assisted suicide are relevant in regard to the legal status of patients as well as in regard to the long-standing prohibition to perform reproductive medical treatments for women in homosexual relationships. This impact provides an opportunity to closely focus on the constitutional boundaries of the setting of norms regarding the functional self-administration Subsequently, these findings are applied to the regulations of the employment law. This work does not only focus on medical law but also discusses basic constitutional doctrines.

scholarly journals Verdighet og selvbestemmelse – En aktørbasert forestilling om menneskeverdet

2019 ◽  
pp. 191-213
Author(s):  
Sven Arntzen
Keyword(s):  
Human Rights ◽  
Moral Philosophy ◽  
Assisted Suicide ◽  
Ethical Issues ◽  
Rational Agent ◽  
Agent Based ◽  
The Subject ◽  
The Absolute

Dignity, according to one conception, is the absolute, inherent and inalienable value of every person. There is general agreement that this idea of dignity has a source in Immanuel Kant’s moral philosophy. I argue that Kant formulates what I characterize as an agency or agent based conception of dignity. Persons are bearers of dignity in their capacity as moral subjects and subjects of action. Central here is the idea that a rational agent is the subject of “any end whatsoever” and so must be considered the free cause of actions. Accordingly, to be treated merely as a thing, or “as a means”, is to be treated in a manner incompatible with having and acting for the sake of any end of one’s choosing. Also relevant in this connection is Alan Gewirth’s agency based theories of dignity and of human rights. I then consider this conception of dignity in addressing three ethical issues: to let die or keep alive, assisted suicide, and so-called dwarf-tossing. Finally, I consider challenges to the idea of dignity in general and the agency based conception of dignity in particular.

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