Cross-border Healthcare in the : And What if Something Goes Wrong?
Source:Page Count 16In March 2011, a new Directive was adopted by the European Parliament and the Council of the European Union: Directive 2011/24, on the application of patients ’ rights in cross-border healthcare, the primary purpose of which has been to facilitate access to healthcare across national borders. Healthcare safety and the availability of legal remedies in cases of harm are important parameters of quality healthcare and important patients’ rights in modern healthcare systems, and they are therefore important issues in a context of cross-border patient mobility. The aim of this article is to shed some lig...
Source: European Journal of Health Law - November 22, 2016 Category: Medical Law Authors: Vicki Paskalia Source Type: research
European Court of Human Rights
Source:Volume 23, Issue 5, pp 525 - 537 (Source: European Journal of Health Law)
Source: European Journal of Health Law - October 27, 2016 Category: Medical Law Authors: Joseph Dute Source Type: research
Closing the Gap: A Human Rights Approach towards Social Determinants of Health
Source:Volume 23, Issue 5, pp 510 - 524Social 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 thehuman rights approach to support policies addressing health inequalities, and to hold actors in polici...
Source: European Journal of Health Law - October 27, 2016 Category: Medical Law Authors: Brigit Toebes and Karien Stronks Source Type: research
Quality Registries in Sweden, Healthcare Improvements and Elderly Persons with Cognitive Impairments
This article aims to analyse this growing interdependence of quality registries for the healthcare sector. It discusses some lessons from the Swedish case, with particular focus on the collection of data from elderly persons with cognitive impairments. (Source: European Journal of Health Law)
Source: European Journal of Health Law - October 27, 2016 Category: Medical Law Authors: Titti Mattsson Source Type: research
Health, Healthcare and Ageing Populations in Europe, a Human Rights Challenge for European Health Systems
Source:Volume 23, Issue 5, pp 435 - 452Demographic 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. The implementation and co-ordinated ...
Source: European Journal of Health Law - October 27, 2016 Category: Medical Law Authors: Henriette Roscam Abbing Source Type: research
Developing a Legal Framework for Advance Healthcare Planning: Comparing England & Wales and Ireland (Advance Article)
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...
Source: European Journal of Health Law - October 19, 2016 Category: Medical Law Authors: Mary Donnelly Source Type: research
Access to Care in France for Elderly Immigrants from North Africa: Influence of Socio-cultural Factors (the Survey)
Source:Page Count 11France 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 theMATC survey, we have pointed out the importance of culture and the tradition of filial piety...
Source: European Journal of Health Law - September 19, 2016 Category: Medical Law Authors: AM. Duguet, T. Masmoudi, J. Duchier, J.P Rwabihama and S. Maatoug Source Type: research
European Court of Justice
Source:Volume 23, Issue 4, pp 430 - 433 (Source: European Journal of Health Law)
Source: European Journal of Health Law - August 16, 2016 Category: Medical Law Authors: An Baeyens and Tom Goffin Source Type: research
European Court of Human Rights
Source:Volume 23, Issue 4, pp 409 - 429 (Source: European Journal of Health Law)
Source: European Journal of Health Law - August 16, 2016 Category: Medical Law Authors: Joseph Dute Source Type: research
In the Best Interests of the Child? The Regulation of in Ireland
This article considers the main provisions of the 2015 Act from the perspective of the child’s rights and interests to understand whether children are adequately protected by the new legi slation. Ultimately, it will be shown that there are some gaps in the 2015 Act which need to be addressed so as to truly operate in children’s best interests. (Source: European Journal of Health Law)
Source: European Journal of Health Law - August 16, 2016 Category: Medical Law Authors: Lydia Bracken Source Type: research
Paediatric Research under the New Regulation on Clinical Trials: Old Issues New Challenges
This article shows that, despite the adoption of new rules, many clarifications are still needed. Stakeholders involved in paediatric research have to play a driving role in the implementation process of the new Regulation. (Source: European Journal of Health Law)
Source: European Journal of Health Law - August 16, 2016 Category: Medical Law Authors: Éloïse Gennet and Annagrazia Altavilla Source Type: research
The View of the European Court of Human Rights on Competent Patients ’ Right of Informed Consent. Research in the Light of Articles 3 and 8 of the European Convention on Human Rights (Advance Article)
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. < /div > (Source: European Journal of Health Law)
Source: European Journal of Health Law - July 22, 2016 Category: Medical Law Authors: Wannes Buelens, Coralie Herijgers and Steffi Illegems Source Type: research
Jehovah ’s Witnesses and Blood Transfusions: An Analysis of the Legal Protections Afforded to Adults and Children in European/English Human Rights Contexts (Advance Article)
This article considers the degree to which the religious beliefs of Jehovah ’s Witnesses are given consideration in European and English courts. Adults’ refusal of blood transfusions is examined within the context of European human rights jurisprudence. A focus is also placed on the position of Jehovah’s Witness children who refuse blood transfusions in the specific c ontext of English medical law due to the prevalence of related case law in this jurisdiction. It is argued that the European Court of Human Rights has given appropriate protection to the will-rights of competent adult Jehovah’s Witnesses who refuse bl...
Source: European Journal of Health Law - July 22, 2016 Category: Medical Law Authors: Clayton Ó Néill Source Type: research
Cross-border Movement of Patients in the : A Re-Appraisal (Advance Article)
This article focuses on one facet of the welfare state, that is, healthcare and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law...
Source: European Journal of Health Law - July 13, 2016 Category: Medical Law Authors: Clemens M. Rieder Source Type: research
Colin Francome (Advance Article)
Source: Page Count 5 (Source: European Journal of Health Law)
Source: European Journal of Health Law - July 13, 2016 Category: Medical Law Authors: Natasha Hammond-Browning Source Type: research
