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European Journal of Health Law

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https://www.readbyqxmd.com/read/29210261/european-court-of-human-rights
#1
Joseph Dute
No abstract text is available yet for this article.
April 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210260/%C3%A2-better-not-to-know-%C3%A2-justifiable-limits-on-the-right-to-information-in-the-realm-of-dtc-genetic-testing-an-analysis-of-the-european-and-spanish-legal-framework
#2
Juan María Martínez Otero
The rapid advance of genetics increases the availability in the market of different genetic tests, which can be acquired directly by consumers without the intermediation of a healthcare professional. Both the European and the Spanish legal framework have restricted the access to these direct-to-consumer (DTC) genetic tests on the grounds of different reasons, such as the protection of consumers or the preservation of public health. The present article discusses these legal restrictions under the light of the right to information...
April 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210259/preimplantation-genetic-diagnosis-the-situation-in-france-and-in-other-european-countries
#3
Anne-Marie Duguet, Bénédicte Boyer-Beviere
Preimplantation genetic diagnosis (PGD) relates exclusively to in vitro fertilisation techniques (IVF) that aim to prevent transmission of a serious genetic abnormality to the child. The genetic characteristics of the embryo created through IVF are analysed, and only the embryos free of the genetic abnormality are implanted in the womb. Performed worldwide since 1990, this technique has raised many legal and ethical debates due to the very wide variations of lawgiving between countries. This is shown by the report of the UNESCO IBC (2003), which described the techniques and the issues raised by preimplantation genetic diagnosis...
April 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210258/genetic-discrimination-a-case-for-a-european-legislative-response
#4
Aisling de Paor
With rapid scientific and technological advances, a new genetic era is emerging. However, these advances raise ethical and legal issues, particularly genetic discrimination, that may threaten advancing science in the absence of appropriate regulation. There is currently no concrete legislative position in this area at EU level, but rather a patchwork of diverging legislative approaches amongst Member States. Genetic discrimination has been singled out as an area of reform in Europe as evidenced, for example in EU Charter of Fundamental Rights, Article 21...
April 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210257/new-eu-rules-for-in-vitro-diagnostic-genetic-tests-a-first-step-in-the-right-direction
#5
EDITORIAL
Henriette D C Roscam Abbing
No abstract text is available yet for this article.
April 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210256/european-court-of-human-rights
#6
Joseph Dute
No abstract text is available yet for this article.
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210255/the-legalisation-of-gamete-donation-in-italy
#7
Andrea Boggio
Since 2004, the regulation of assisted reproduction in Italy has undergone substantial reform as an effect of key judicial intervention. Limitations on embryo production, screening and transfer, the prohibition against engaging in preimplantation genetic diagnosis (PGD) and embryo selection, and the ban on gamete donation have all been removed by courts. In this article, I discuss how judicial intervention has improved the ability of Italian couples to access assisted reproduction technologies (ARTs), and how the expansion of reproductive rights is, however, still incomplete...
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210254/developing-a-legal-framework-for-advance-healthcare-planning-comparing-england-wales-and-ireland
#8
COMPARATIVE STUDY
Mary Donnelly
This article examines the legislative frameworks for advance healthcare planning in England & Wales (the Mental Capacity Act 2005) and in Ireland (the Assisted Decision-Making (Capacity) Act 2015), undertaking a comparative analysis of each measure, with particular focus on the detail of the approaches taken. It is only through this kind of detailed focus that the normative choices made by legislation can fully be understood and evaluated. The article argues that, in several respects, possibly because the drafters were able to reflect lessons learned from other jurisdictions, the Assisted Decision-Making (Capacity) Act 2015 provides a more rounded and complete form of advance healthcare planning than that provided by the Mental Capacity Act...
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210253/should-anthroposophic-medicinal-products-be-regulated-in-europe
#9
Geneviève Michaux
European Commission’s reports suggest that the European Union should address the status of anthroposophic products, i.e. products that are developed, manufactured and prescribed in accordance with the holistic approach on which anthroposophic medicine is based. Anthroposophic products cannot be placed as such on the European market because they cannot meet the marketing authorisation or even registration requirements set out by European or national pharmaceutical law. Yet, the 95-year European tradition and good safety profile of anthroposophic products justify giving them an easier access to market...
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210252/property-control-and-separated-human-biomaterials
#10
Neil Maddox
This article examines the relationship between the existence of control rights and property in separated human biomaterials. Much of the theory as to what constitutes property is examined and it is contended that Article 22 of the Convention on Human Rights and Biomedicine does not presuppose property in such materials. An analysis is undertaken of the case-law relating to control and property in sperm and embryos from the UK, Australia and the US and the shortcomings of utilising the property paradigm in these disputes are highlighted...
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210251/lightning-or-lightning-bug-the-role-of-the-language-gap-and-the-access-to-proper-information-on-entitlements-in-cross-border-patient-mobility
#11
Gabriella Berki
The language barrier and the lack of reliable information were identified as major practical obstacles of European patient mobility. Patients are highly concerned about the ability to communicate with their doctors when obtaining healthcare in a country where they do not speak the local language, as well as they find it complicated to gather all the necessary information about an unfamiliar healthcare system or about their cross-border healthcare entitlements conferred on them by the Union legislation. In a multilingual and patient-friendly European Union these issues must be tackled in order to ensure effective healthcare and to enforce patients’ right to cross-border healthcare...
March 2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29203967/patients-rights-in-cross-border-healthcare-directive-2011-24-eu-and-how-it-applies-to-turkey-as-a-negotiating-candidate-country
#12
Perihan Elif Ekmekci
Cross-border healthcare and patient mobility across European Union Member States has been on the agenda of EU Commission for the last decade. Directive 2011/24/EU on the application of patients' rights in cross-border healthcare went into force in 2013. The Directive mainly addresses the responsibilities of Member States in cross-border healthcare, regulates reimbursement procedure, and coordinates European reference networks and health technology assessment in the EU. The Directive has direct and indirect implications on Turkish health system...
2017: European Journal of Health Law
https://www.readbyqxmd.com/read/29210250/european-court-of-human-rights
#13
Joseph Dute
No abstract text is available yet for this article.
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/29210249/closing-the-gap-a-human-rights-approach-towards-social-determinants-of-health
#14
Brigit Toebes, Karien Stronks
Social determinants of health are major contributors to population health as well as health inequalities. The public perception that health inequalities that arise from these social determinants are unjust seems to be widespread across societies. Nevertheless, there is also scepticism about the progress in the implementation of actual policies to reduce health inequalities. Scholars, activists and policy makers from various disciplinary backgrounds increasingly stress the value of the human rights approach to support policies addressing health inequalities, and to hold actors in policies to address social determinants accountable for these inequalities...
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/29210248/the-view-of-the-european-court-of-human-rights-on-competent-patients%C3%A2-right-of-informed-consent-research-in-the-light-of-articles-3-and-8-of-the-european-convention-on-human-rights
#15
Wannes Buelens, Coralie Herijgers, Steffi Illegems
It is an internationally recognized principle that patients should give their informed consent to a treatment in order to avoid a violation of their right to personal autonomy. This article discusses this principle in the light of Articles 3 and 8 of The European Convention on Human Rights and the view of the European Court of Human Rights on this matter. Indeed, nowadays more complaints related to (the lack of) informed consent not only concern a possible violation of Article 8 of the Convention, but Article 3 has also gained importance, especially when a treatment is intrusive...
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/29210247/access-to-care-in-france-for-elderly-immigrants-from-north-africa-influence-of-socio-cultural-factors-the-matc-survey
#16
A M Duguet, T Masmoudi, J Duchier, J P Rwabihama, S Maatoug
France is faced with an ageing migrant population, and in the institutions for elderly, migrants represent only 4% and very few come from the Maghreb. Is it the result of a kind of discrimination or of other factors such as culture and traditions? In France migrants have access to aid and prevention of dependency plans. The reluctance to enter into institutions is maintained by the fear of cultural abuse and/or language barriers, and difficulties in financial and administrative matters. From the interviews of the MATC survey, we have pointed out the importance of culture and the tradition of filial piety...
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/29210246/quality-registries-in-sweden-healthcare-improvements-and-elderly-persons-with-cognitive-impairments
#17
Titti Mattsson
Policy-makers, the medical industry and researchers are demonstrating a keen interest in the potential of large registries of patient data, both nationally and internationally. The registries offer promising ways to measure and develop operational quality within health and medical care services. As a result of certain favourable patient data regulations and government funding, the development of quality registries is advanced in Sweden. The combination of increasing demand for more cost-efficient healthcare that can accommodate the demographic development of a rapidly ageing population, and the emergence of eHealth with an increasing digitalisation of patient data, calls attention to quality registries as a possible way for healthcare improvements...
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/29210245/health-healthcare-and-ageing-populations-in-europe-a-human-rights-challenge-for-european-health-systems
#18
Henriette Roscam Abbing
Demographic changes (ageing populations) are a challenge for European health systems. Innovative solutions must ensure elderly patients equitable access to good quality, affordable healthcare. De-centralisation and de-institutionalisation in healthcare for the elderly have become policy priorities for European countries. Local governments must have sufficient experience for the necessary integration of health and social services. New ways of looking at health care systems are necessary for reasons of quality, accessibility, and costs-effectiveness...
December 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/27491254/european-court-of-human-rights-echr-2016-17-case-of-blokhin-v-russia-23-march-2016-no-47152-06-grand-chamber
#19
Joseph Dute
No abstract text is available yet for this article.
June 2016: European Journal of Health Law
https://www.readbyqxmd.com/read/27491253/european-court-of-human-right-echr-2016-16-case-of-kolesnikovich-v-russia-22-march-2016-no-4469413-third-section
#20
Joseph Dute
No abstract text is available yet for this article.
June 2016: European Journal of Health Law
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