Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?
Source: Volume 23, Issue 1, pp 5 - 35In recent years the European Union (EU) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, EU non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (CJEU) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under EU law. The CJEU, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it ...
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: Silvia Favalli and Delia Ferri Source Type: research
High-quality of Care throughout Europe — But Do We Speak the Same Language?
Source: Volume 23, Issue 1, pp 1 - 4 (Source: European Journal of Health Law)
Source: European Journal of Health Law - February 10, 2016 Category: Medical Law Authors: Aart Hendriks Source Type: research
Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Case (Advance Article)
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 - December 23, 2015 Category: Medical Law Authors: Markus Frischhut and Nick Fahy Source Type: research
Using Patient Avatars to Promote Health Data Sharing Applications: Perspectives and Regulatory Challenges
This article considers some of the key regulatory challenges against the background of the progress of the current EU Commission-sponsored ‘MyHealthAvatar’ project. (Source: European Journal of Health Law)
Source: European Journal of Health Law - December 19, 2015 Category: Medical Law Authors: Alan Dahi, Nikolaus Forgó, Sarah Jensen and Marc Stauch Source Type: research
Medical Liability in Europe at the Dawn of Cross-border Healthcare: Time to Reflect on the Possibility of Harmonising the Policies Regarding Medical Liability?
Source: Page Count 23Due to the incorporation of Directive 2011/24/EU into national legislations European citizens will seek cross-border healthcare services. However, medical errors are an inherent part of medical practice. Major differences in European redress systems might create an environment of legal uncertainty and reduce the confidence of patients in seeking cross-border healthcare. After assessing European citizens’ perception regarding errors, we will try to examine if the aforementioned uncertainty is clarified by the EU legislation. Given that formal harmonization measures have not been legislated, the total ...
Source: European Journal of Health Law - December 19, 2015 Category: Medical Law Authors: Athanasios Panagiotou Source Type: research
Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe
This article examines the relevant international law relating to informed consent to treatment for individuals with psychosocial disabilities and reflects on the protection offered in this respect by the European Convention on Human Rights (ECHR) and the Council of Europe Convention on Human Rights and Biomedicine. The article argues that while the UN Convention on the Rights of Persons with Disabilities is beginning to influence case law of the European Court of Human Rights, only ‘weak’ protection has been afforded to people with psychosocial disabilities by the ECHR and the Court in relation to informed consent for ...
Source: European Journal of Health Law - December 19, 2015 Category: Medical Law Authors: Lisa Waddington and Bernadette McSherry 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. (Source: European Journal of Health Law)
Source: European Journal of Health Law - December 19, 2015 Category: Medical Law Authors: Wannes Buelens, Coralie Herijgers and Steffi Illegems Source Type: research
Foetal Injury in Clinical Trials and Accountability to the Child Once Born (Advance Article)
Source: Page Count 28Sponsors 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 of children injure...
Source: European Journal of Health Law - December 19, 2015 Category: Medical Law Authors: Maria K. Sheppard Source Type: research
Lawrence O. Gostin
Source: Page Count 4 (Source: European Journal of Health Law)
Source: European Journal of Health Law - December 5, 2015 Category: Medical Law Authors: Peter G.N. West-Oram Source Type: research
Michelle Taylor-Sands
Source: Page Count 6 (Source: European Journal of Health Law)
Source: European Journal of Health Law - December 5, 2015 Category: Medical Law Authors: Lisa Cherkassky Source Type: research
, Dignity in Dying and the European Court: A Critical Evaluation and the Global Reflections (Advance Article)
Source: Page Count 81In 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 that the European Co...
Source: European Journal of Health Law - December 5, 2015 Category: Medical Law Authors: R.R. Kishore Source Type: research
Integrating Advance Research Directives into the European Legal Framework
Source: Page Count 64The possibility of using advance directives to prospectively consent to research participation in the event of dementia remains largely unexplored in Europe. Moreover, the legal status of advance directives for research is unclear in the European regulations governing biomedical research. The article explores the place that advance research directives have in the current European legal framework, and considers the possibility of integrating them more explicitly into the existing regulations. Special focus is placed on issues regarding informed consent, the role of proxies, and the level of acceptable r...
Source: European Journal of Health Law - December 5, 2015 Category: Medical Law Authors: Roberto Andorno, Eloïse Gennet, Karin Jongsma and Bernice S. Elger Source Type: research
The Interfamilial Principle and the Harvest Festival (Advance Article)
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 - December 5, 2015 Category: Medical Law Authors: Lisa Cherkassky Source Type: research
Governing Technological Innovation: Searching for the Legal and Ethical Holy Grail?
Source: Volume 22, Issue 5, pp 517 - 528 (Source: European Journal of Health Law)
Source: European Journal of Health Law - October 28, 2015 Category: Medical Law Authors: Mihalis Kritikos Source Type: research
European Court of Justice
Source: Volume 22, Issue 5, pp 508 - 516 (Source: European Journal of Health Law)
Source: European Journal of Health Law - October 28, 2015 Category: Medical Law Authors: An Baeyens and Tom Goffin Source Type: research
