| 1. |
- Litins'ka, Yana
(författare)
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Assessing Capacity to Decide on Medical Treatment: On Human Rights and the Use of Medical Knowledge in the Laws of England, Russia and Sweden
- 2018
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- To provide a valid consent to – or refusal of – medical intervention, a patient must be legally capable to decide. This dissertation evaluates and compares when the assessment of mental abilities to refuse – or consent to – somatic medical intervention is required in England, Russia and Sweden, and what criteria must be applied to assess the ability to decide about somatic medical interventions in these legal orders. Two standards are used for evaluation and comparison. These standards are consistency with scientific knowledge of the decision-making process, and compliance with the United Nations and the Council of Europe human rights law requirements. The evaluation and comparison of the national legal orders seek to highlight the solutions and the potential difficulties that the domestic legal systems face when they attempt to realise the two standards.The analysis in the thesis indicates that the United Nations and the Council of Europe treaty bodies have chosen different approaches as to permissibility of capacity assessment procedures. It is argued that after adoption of the Convention on the Rights of Persons with Disabilities (CRPD), the capacity assessments of adults should not be allowed in healthcare.A number of common problems within the selected legal systems are identified and analysed in the thesis. The question of when capacity assessments must start has not yet received much attention at national levels, which results in an absence of foreseeability and a possibility for discriminating against patients on the grounds of disability or health. The thesis highlights the fact that the national law requirements to draw a distinction between mental and somatic disorders/care are particularly problematic, and may lead to arbitrariness. The questions as to the legal classification of capacity assessment procedures (whether they are medical interventions or the collection of personal data), and accordingly, the legal status of refusal or absence of consent are also poorly foreseeable, which may lead to a violation of the patient’s right to privacy.The analysis shows that the criteria for capacity assessments are regulated in a manner that inevitably leads to arbitrariness when deciding whether a patient can make healthcare decisions. It was shown that the criteria are interpreted differently by various actors, and no agreement as to the required level of performance is reached. It is also argued that capacity assessments rarely allow for achieving the goal of checking whether or not a patient can choose what to do with his or her own body.
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| 2. |
- Mattsson, Titti, et al.
(författare)
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Country Reports
- 2020
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Ingår i: Journal of Law, Medicine & Ethics. - : Cambridge University Press (CUP). - 1073-1105 .- 1748-720X. ; 47:4, s. 670-674
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The country reports deal with the regulation of international direct-to-participant genomic research.
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| 3. |
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Nordic Health Law in a European Context : Welfare State Perspectives on Patients' Rights and Biomedicine
- 2011
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- This anthology aims to provide some Nordic perspectives on the young and evolving field of health law - or biomedical law - by reflecting on a number of 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 been 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 remain an important factor in the legal development of this particular region. The book is divided thematically into three sections, where 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. The first part 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 anthology thus in part provides specifically Nordic perspectives on health law, the issues discussed are at the same time general. The book is therefore well suited not only to readers who want 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.
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| 4. |
- Rynning, Elisabeth, 1955-, et al.
(författare)
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Recent developments in Nordic health law
- 2010
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Ingår i: European Journal of Health Law. - Leiden : Martinus Nijhoff Publishers. - 0929-0273 .- 1571-8093. ; 17:3, s. 279-294
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Tidskriftsartikel (refereegranskat)abstract
- The five Nordic countries — Denmark, Finland, Iceland, Norway and Sweden — share a considerable part of their cultural and historical heritage. They have collaborated closely in their development of legislation during most of the 20th century and are also all traditional welfare states, but nevertheless demonstrate a surprising degree of variety in the area of health law. The Nordic Network for Research in Biomedical Law was founded in 2006, with the aim to promote intra-disciplinary collaboration and stimulate comparative Nordic research in this field of law. Exchange of information on recent legal developments has been a recurrent point on the agenda at the Network meetings.
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