Biomedicine The Family And Human Rights

Section I - Genetics.

This volume examines the impact of advances in genetics and assisted reproduction technologies on family law, human rights and the rights of the child, including the effects of international treaties on national legislation. It surveys the theoretical, ethical and legal discussions with regard to biotechnology and family law issues and the search for a balance between safeguarding respect for human rights and fundamental freedoms and the need to ensure freedom of research. However, biotechnology impinges not only on isolated individuals and their rights, but also on unborn children, the family as a network of living relationships and the basic structure of any society, as well as the foundation of parentage and kinship, social organization as a whole and, finally, mankind itself. As the attention of the World turns to cloning, this book will contribute to the search for a balance between the rights and freedoms of born and yet to be born human beings and the quest for new technologies.

The eight chapters within this volume are structured around an exploration of the fundamental issues in the field of biomedical human rights: dignity and autonomy in not only procreative liberties but throughout the complete cycle of life and death, the freedom of scientific inquiry into the new biotechnological methods of collaborative reproduction, the right to genetic integrity at birth and throughout life, and the equitable right to health or access to health care benefits during life and old age. All these central issues are tested, of necessity, but utilitarian principles which, in turn, force the templates for decision making, evaluate the gravity of harm deriving from a particular human right and its recognition and enforcement measured against the utility of the social, economic, or cultural good accruing from recognition of such a right in the first instance. Ultimately, cultural relativism will be seen - more often than universality - as the determinative point of balance. This volume not only informs the ongoing debate on the role of human rights in biomedicine, but will also provide enlightened responses to the troublesome issues presented in this new age of biotechnology.

Bioethics was "born in the USA" and the values American bioethics embrace are based on American law, including liberty and justice. This book crosses the borders between bioethics and law, but moves beyond the domestic law/bioethics struggles for dominance by exploring attempts to articulate universal principles based on international human rights. The isolationism of bioethics in the US is not tenable in the wake of scientific triumphs like decoding the human genome, and civilizational tragedies like international terrorism. Annas argues that by crossing boundaries which have artificially separated bioethics and health law from the international human rights movement, American bioethics can be reborn as a global force for good, instead of serving mainly the purposes of U.S. academics. This thesis is explored in a variety of international contexts such as terrorism and genetic engineering, and in U.S. domestic disputes such as patient rights and market medicine. The citizens of the world have created two universal codes: science has sequenced the human genome and the United Nations has produced the Universal Declaration of Human Rights. The challenge for American bioethics is to combine these two great codes in imaginative and constructive ways to make the world a better, and healthier, place to live.

The Convention on Human Rights and Biomedicine, also referred to as the "Oviedo Convention", celebrated the 10th anniversary of its entry into force in 2009. This legally binding instrument aims to protect the integrity, dignity and identity of all human beings and guarantees everyone, without discrimination, the respect for their rights and fundamental freedoms with regard to the application of biology and medicine. It shares with the European Convention on Human Rights the same underlying approach and many ethical principles, and provides a general framework for the protection of fundamental rights and freedoms in the field of biomedicine. The Oviedo Convention also addresses new challenges in biomedicine that are brought about by technological and scientific developments, making it a reference text for patient rights at the European level. The principles laid down in the Oviedo Convention were further developed and complemented in additional protocols in specific fields: prohibition of cloning of human beings, transplantation of organs and tissues of human origin, and biomedical research and genetic testing for health purposes.

This book contains the lectures of an International Conference on Human Rights and Biomedicine, held in Rotterdam, the Netherlands, 10-12 December 2008 and organised by the Institute of Health Policy and Management, Erasmus University Rotterdam and the Erasmus Observatory on Health Law. In this publication, eminent scholars from a variety of disciplines (medicine, law, ethics, and philosophy) discuss the meaning of underlying principles of the Convention on Human Rights and Biomedicine (1997) and fundamental rights in healthcare, contemporary dilemmas in healthcare (policy) and the Convention's impact on national health legislation and daily practice. In particular, the following subjects are dealt with: Human Rights and Health Ethics; Equitable Access to Health Care; Medical Research; Human Genetics, and Organ Transplantation. With contributions by Roberto Andorno, Tom Beauchamp, Martin Buijsen, Carlos Romeo-Casabona, Walter Devillé, Elmar Doppelfeld, André den Exter, Henk ten Have, Erwin Kompanje, Rick Lawson, Hilde Lindemann, Herman Nys, JÃ1⁄4rgen Robienski, JÃ1⁄4rgen Simon, Timothy Stoltzfus Jost. Book jacket.

Biological and medical research has led to remarkable progress in the field of human health. The rapid developments in this sphere have prompted the Council of Europe to consider the ethical and legal aspects of applications of genetics, particularly genetic testing, and to draw up legal rules to protect fundamental human rights with regard to these applications. The new Protocol sets down principles relating inter alia to the quality of genetic services, prior information and consent and genetic counselling. It lays down general rules on the conduct of genetic tests, and, for the first time at international level, deals with the directly accessible genetic tests for which a commercial offer could develop in future. It specifies the conditions in which tests may be carried out on persons not able to consent. Also covered are the protection of private life and the right to information collected through genetic testing. Finally, the Protocol touches on genetic screening.

Examine the impact and importance reproduction and genetics have on religious values Counseling Pregnancy, Politics, and Biomedicine: Empowering Discernment explains the mystery of the God-human relationship so ministers, priests, and pastors can follow the ethics and mechanics of counseling human reproductive health and be informed on issues of religion, medical experimentation, and politics. The unique book is a teaching text and a desktop reference for clergypersons and pastoral care ministers, providing them with information on the sensitive and intimate topic of reproductive health from a Christian worldview so they can advise and empower congregation members to make thoughtful decisions about health care. Counseling Pregnancy, Politics, and Biomedicine examines four disciplines through a Christian point of view: 1) religion based on humanity created in the image of God; 2) different varieties of ethics; 3) systems of law and politics; and 4) philosophies on experimental medicines. Each topic is grounded with its religious background, providing a practical, easy-to-follow path for Christian thinkers. The book also addresses the concerns a religious person might have about health and ministry, what genetic therapy can accomplish, the alternatives to genetic therapy, and how theology, ethics, law, and medicine apply to the issues expectant mothers face. Counseling Pregnancy, Politics, and Biomedicine examines: the major points in recognized ethical theories how Christian principles became part of secular law over time the legal dilemmas involved in protecting the health of pregnant women how and why palliative care is a viable alternative to modern therapies the politics and morality of terminating a pregnancy how to protect women from becoming research “instruments” the moral status of the embryo and much more Counseling Pregnancy, Politics, and Biomedicine explains God’s desire for good health by identifying ways in which Jesus is the example of what it means for every person to be “created in the image of God.” The book is a vital resource for clergypersons and pastoral care ministers.

This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region. The book is divided thematically into three sections. The first deals with foundational and general issues of health law, the second with patients’ rights, and the third with issues related to advancements in biomedical science. Part One includes two chapters on the relationship between health law and human rights, together with discussions on specific Nordic approaches to the organisation and regulation of health services, to constitutional protection of the right to health and to the legal discipline of health law, as such. One chapter provides an overview of the mission and tasks of the Nordic Committee on Bioethics. The section on patient’s rights deals with the development – or absence – of special legislation on the status of patients, but also with issues of coercive care and of cultural accommodation in health services, as well as the implications that assessments and decisions made in health care services may have for the patient’s right to other entitlements, e.g. sickness benefits. In the third section, on biomedical science, one author explores the concept of human dignity while another discusses the challenges facing European integration of biomedical research regulation. Specific topics, such as different approaches to biobank regulation and genetic privacy in family relations, are also addressed, and, in the final chapter, the legal status of deceased foetuses. While the volume provides Nordic perspectives on health law, the issues discussed are general. The book should therefore be of great interest not only to readers wanting a better understanding of the Nordic situation, but also to anyone with an interest in the challenging health law issues facing society in our time. The authors are members of the Nordic Network for Research in Biomedical Law.

Collecting a wide range of contemporary and classical essays dealing with medical ethics, this huge volu me is the finest resource available for engaging the pressin g problems posed by medical advances. '