Property, Control and Separated Human Biomaterials
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. (Source: European Journal of Health Law)
Source: European Journal of Health Law - April 24, 2016 Category: Medical Law Authors: Neil Maddox Source Type: research
In the Best Interests of the Child? The Regulation of in Ireland (Advance Article)
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 legislation. 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 - April 19, 2016 Category: Medical Law Authors: Lydia Bracken Source Type: research
Integrated Approach of Conventional Medicine and Complementary Alternative Medicine. Background Information and Future Directions at International, European and National Level (Advance Article)
Source: Page Count 18The range of treatments offered currently by healthcare providers worldwide is very fragmented, and should be replaced with a system in which integrated therapies, both complementary and conventional, are concentrated in health-delivery organisations following a patient-centred approach. The first part of this article portrays the regulatory framework of Complementary Alternative Medicine (CAM) at international level. The second part describes the role of the European Union in this process. In the third part, a specific case study on the German health care system contributes to offers some suggestions ...
Source: European Journal of Health Law - April 19, 2016 Category: Medical Law Authors: Margherita Poto and Saisai Wang Source Type: research
Paediatric Research under the New Regulation on Clinical Trials: Old Issues New Challenges (Advance Article)
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 - April 19, 2016 Category: Medical Law Authors: Éloïse Gennet and Annagrazia Altavilla Source Type: research
Lightning or Lightning Bug: The Role of the Language Gap and the Access to Proper Information on Entitlements in Cross-border Patient Mobility
This article investigates the current legal tools within the European Union on language gap in patient-provider communication and access to information on cross-border healthcare entitlements. Moreover, it offers some possible solutions for the future. (Source: European Journal of Health Law)
Source: European Journal of Health Law - April 13, 2016 Category: Medical Law Authors: Gabriella Berki Source Type: research
Development of Orphan Drugs under European Regulatory Incentives and Patent Protection
This article analyses how the regulatory incentives provided by Regulation 141/2000 affect orphan drug development and generic market entry. It seeks to find out how the regulatory incentives work in combination with patent protection, and whether in combination they foster orphan drug innovation and overall patient access, or rather hinder the latter. The article argues that even though the regulatory incentives are targeted to fostering innovation and early generic market access, when combined with patent protection, the generic entry is likely blocked or delayed. (Source: European Journal of Health Law)
Source: European Journal of Health Law - April 13, 2016 Category: Medical Law Authors: Mari Minn Source Type: research
Closing the Gap: A Human Rights Approach towards Social Determinants of Health (Advance Article)
Source:Page Count 15Social 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 policies to address socia...
Source: European Journal of Health Law - April 13, 2016 Category: Medical Law Authors: Brigit Toebes and Karien Stronks Source Type: research
European Court of Justice
Source: Volume 23, Issue 2, pp 221 - 226 (Source: European Journal of Health Law)
Source: European Journal of Health Law - April 10, 2016 Category: Medical Law Authors: An Baeyens and Tom Goffin Source Type: research
European Court of Human Rights
Source: Volume 23, Issue 2, pp 195 - 220 (Source: European Journal of Health Law)
Source: European Journal of Health Law - April 10, 2016 Category: Medical Law Authors: Joseph Dute Source Type: research
, Dignity in Dying and the European Court: A Critical Evaluation and the Global Reflections
Source: Volume 23, Issue 2, pp 141 - 157In this article I analyse the verdict of the European Court of Human Rights in the Case of Lambert and Others v. France, delivered on 5 June 2015, affirming the Conseil d’État’s decision holding that the withdrawal of artificial nutrition and hydration from Vincent Lambert, a French national lying in tetraplegia and persistent vegetative state, was consistent with French domestic law and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In order to make a comparative evaluation I give an account of judicial decisions across the world and find t...
Source: European Journal of Health Law - April 10, 2016 Category: Medical Law Authors: R.R. Kishore Source Type: research
Foetal Injury in Clinical Trials and Accountability to the Child Once Born
Source: Volume 23, Issue 2, pp 113 - 140Sponsors of clinical trials have excluded pregnant women from trial participation mainly because of the fear of legal liability for foetal injury. Yet, to prevent untested treatments exposing foetuses generally to unwarranted risks, it is necessary that pregnant women are included in clinical trials. Despite sponsors’ fears there are, however, major stumbling blocks for the child once born claiming compensation under English law. Neither the new EU Regulation 536/2014 on clinical trials nor tort law or statutory regulations have achieved a clear and fair avenue for the compensation...
Source: European Journal of Health Law - April 10, 2016 Category: Medical Law Authors: Maria K. Sheppard Source Type: research
European Court of Justice
Source: Volume 23, Issue 1, pp 95 - 101 (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: An Baeyens and Tom Goffin Source Type: research
European Court of Human Rights
Source: Volume 23, Issue 1, pp 81 - 94 (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: Joseph Dute Source Type: research
The Interfamilial Principle and the Harvest Festival
This article suggests that parents may be relying on a thinly-veiled interfamilial approach, where the wider benefit to the whole family is used to justify the procedure to the Human Tissue Authority in the United Kingdom. This article suggests that the merging of familial interests to validate a non-therapeutic bone marrow harvest on a child forces altruism in a patient too young to understand, rendering the harvests unlawful under current law. (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: Lisa Cherkassky Source Type: research
Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Case
The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ECJ mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of EU law (i.e., ECJ case-law, patient mobility directive, Charter of Fundamental rights and social security regulation). (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: Markus Frischhut and Nick Fahy Source Type: research
