Shopping cartEuropean Journal of Health Law
Volumes & issues:
-
Editorial Health Law: Facing the European Challenges
- + Show Description - Hide Description
-
-
Patients’ Rights in a Technology and Market Driven-Europe
- + Show Description - Hide Description
-
This article deals with the impact on patients’ rights of medical and technological advances in a market oriented (European) society: what are the advantages and risks, what are the challenges that lay ahead of us? After introducing the subject matter, the first part deals with risks for patients’ rights in the European cross border context (health care, direct to the public screening offers and biomedical research). The second part sketches some of the implications of innovation in health care and medical technology for patients’ rights to autonomy and private life, particularly when third party interests are involved. The article ends with some suggestions on how best to protect patients’ rights in the perspective of innovation in health care and medical research.
-
The Development of Health Law as a Way to Change Traditional Attitudes in National Legal Systems. The Influence of International Human Rights Law: What is Left for the National Legislator?
- + Show Description - Hide Description
-
The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference — from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument — the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even “codifies” some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.
-
Diversity and Harmonisation. Trends and Challenges in European Health Law
- + Show Description - Hide Description
-
European countries share a number of fundamental values and ideas, but when it comes to the organisation of health care sectors and attitudes to basic patients’ rights, there are also vast differences. Consequently, at the European level health law has to balance between the aspiration for uniformity and universal respect for fundamental rights on the one hand, and acceptance of national diversity on the other. The aim of the article is to characterise European health law in terms of both divergence and harmonisation, and to explore the tension between these two features in light of current trends and challenges.
-
Adding Value? EU Governance of Organ Donation and Transplantation
- + Show Description - Hide Description
- This article examines recent developments in EU governance of organ donation and transplantation, focusing on an analysis of the Commission’s action plan and the proposed Directive. While the aims of the plan are laudable, a number of concerns remain with respect to the timetable for the plan and the adoption of the Directive, as well as the management of ethical and risk issues. In the final analysis, the added value of EU governance initiatives in the field is likely to be measured by the extent to which they successfully address the ongoing problem of organ shortage in Member States.
-
News and Views Managing Novel Reproductive Injuries in the Law of Tort: The Curious Case of Destroyed Sperm
- + Show Description - Hide Description
-
In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to ‘injuries’ not easily accommodated within the English law of negligence. While ‘personal injury’ is typically understood as manifesting a deleterious ‘physical’ dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NHS Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of ‘personal injury’ in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as ‘personal injury’. Arguing for the formal recognition of ‘reproductive injury’ as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.
-
Selected Legislation and Jurisprudence European Court of Human Rights
- + Show Description - Hide Description
-
-
Selected Legislation and Jurisprudence European Court of Justice
- + Show Description - Hide Description
-
-
Dominique Bertrand, Jean-François Dumoulin, Romano La Harpe and Marinette Ummel (Eds.), Médecin et droit médical: présentation et résolution de situations médico-légales, 3rd revised and completed ed., (Chêne-Bourg (Genève), éd. Médecine & Hygiène), 2009, ISBN 978-2-88049-273-1, 579 pp. with index.
- + Show Description - Hide Description
-
back to top