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Author: Cinzia Caporale
Publisher: Routledge
ISBN: 1317114396
Category : Law
Languages : en
Pages : 354
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Book Description
The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
Author: Cinzia Caporale
Publisher: Routledge
ISBN: 1317114396
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
Author: Takis Vidalis
Publisher: Springer Nature
ISBN: 3031023595
Category : Law
Languages : en
Pages : 319
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Book Description
This book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.
Author: Ilja Pavone
Publisher: Taylor & Francis
ISBN: 1003815812
Category : Law
Languages : en
Pages : 244
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Book Description
This book reviews the efficacy of Global Health Law, assessing why its legal framework based on the International Health Regulations did not represent a valid tool in the containment of modern global pandemics such as COVID-19. The book provides an introduction to the international legal framework surrounding epidemics and pandemics and the main global governance issues that have been generated by the COVID-19 outbreak. It highlights the main shortcomings of Global Health Law, while also including practical proposals to improve the WHO’s mechanism to prevent and respond to future disease outbreaks, such as the New Pandemic Treaty. Emphasis is placed on what has not worked in the international, regional and national responses to COVID-19. It is argued that the pandemic has shed light on the weaknesses of global and domestic health law. By identifying legal gaps and providing legal arguments, the book contributes to the historical and conceptual foundation as well as the practical development of international law in the new age of COVID-19, with the ultimate goal of stimulating legal reform in this vital new era. The work will be essential reading for academics, researchers and policy-makers working in International Law, Health Law, Environmental Law, Human Rights Law, Biolaw, and the Law of International Organizations.
Author: Matjaž Zwitter
Publisher: Springer
ISBN: 3030007197
Category : Medical
Languages : en
Pages : 216
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Book Description
This book discusses medicine from an ethical perspective, whereas books on medical ethics more commonly present ethics from a bio-medical standpoint. The book is divided into 23 chapters. The introductory chapters present some basic concepts of medical ethics, such as the relation between the legal system and ethics, ethical documents, ethical theories, and ethical analysis. The following chapters address issues of importance in all fields of medicine: respecting autonomy, communication, relations within a healthcare team, professional malpractice, limited resources, and the portrait of a physician. In turn, the third part of the book focuses on ethical aspects in a broad range of medical activities – preventive medicine, human reproduction, genetics, pediatrics, intensive care, palliative medicine, clinical research, unproven methods in diagnostics and treatment, and the role of physicians who aren’t directly responsible for patient care. The last part presents students’ seminars with case stories. The book offers a valuable resource for physicians of all specialties, students of medicine, professionals, and students from other fields devoted to human health, journalists, and general readers with an interest in medicine.
Author: Anne Peters
Publisher: Springer Nature
ISBN: 3662607565
Category : Animal welfare
Languages : en
Pages : 180
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Book Description
This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.
Author: Lucia Busatta
Publisher: Springer Nature
ISBN: 3030784754
Category : Law
Languages : en
Pages : 253
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Book Description
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
Author: Helle Porsdam
Publisher: University of Pennsylvania Press
ISBN: 1512822949
Category : Political Science
Languages : en
Pages : 209
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Book Description
The human right to science, outlined in the 1948 Universal Declaration of Human Rights and repeated in the 1966 International Covenant on Economic, Social, and Cultural Rights, recognizes everyone’s right to “share in scientific advancement and its benefits” and to “enjoy the benefits of scientific progress and its applications.” This right also requires state parties to develop and disseminate science, to respect the freedom of scientific research, and to recognize the benefits of international contacts and co-operation in the scientific field. The right to science has never been more important. Even before the COVID-19 health crisis, it was evident that people around the world increasingly rely on science and technology in almost every sphere of their lives from the development of medicines and the treatment of diseases, to transport, agriculture, and the facilitation of global communication. At the same time, however, the value of science has been under attack, with some raising alarm at the emergence of “post-truth” societies. “Dual use” and unintended, because often unforeseen, consequences of emerging technologies are also perceived to be a serious risk. The important role played by science and technology and the potential for dual use makes it imperative to evaluate scientific research and its products not only on their scientific but also on their human rights merits. In Science as a Cultural Human Right, Helle Porsdam argues robustly for the role of the right to science now and in the future. The book analyzes the legal stature of this right, the potential consequences of not establishing it as fundamental, and its connection to global cultural rights. It offers the basis for defending the free and responsible practice of science and ensuring that its benefits are spread globally.
Author: Helle Porsdam
Publisher: Cambridge University Press
ISBN: 1108427553
Category : Law
Languages : en
Pages : 267
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Book Description
Promoting cultural and scientific creativity, and knowledge and understanding, cultural rights work as atrocity prevention tools and enable people to aspire to a better future.
Author: Caroline Fournet
Publisher: BRILL
ISBN: 9004364420
Category : Law
Languages : en
Pages : 411
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Book Description
The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.
Author: Erick Valdés
Publisher: Springer Nature
ISBN: 3030718239
Category : Philosophy
Languages : en
Pages : 244
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Book Description
This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.
