Additional Protocol To The Convention On Human Rights And Biomedicine Concerning Genetic Testing For Health Purposes

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Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287165664
Total Pages : 24 pages
Book Rating : 4.1/5 (656 download)

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Book Synopsis Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes by : Council of Europe

Download or read book Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes written by Council of Europe and published by Council of Europe. This book was released on 2008-01-01 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biological and medical research has led to remarkable progress in the field of human health. The rapid developments in this sphere have prompted the Council of Europe to consider the ethical and legal aspects of applications of genetics, particularly genetic testing, and to draw up legal rules to protect fundamental human rights with regard to these applications. The new Protocol sets down principles relating inter alia to the quality of genetic services, prior information and consent and genetic counselling. It lays down general rules on the conduct of genetic tests, and, for the first time at international level, deals with the directly accessible genetic tests for which a commercial offer could develop in future. It specifies the conditions in which tests may be carried out on persons not able to consent. Also covered are the protection of private life and the right to information collected through genetic testing. Finally, the Protocol touches on genetic screening.

Biomedicine and Human Rights

Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Biomedicine and Human Rights by :

Download or read book Biomedicine and Human Rights written by and published by Council of Europe. This book was released on 2009 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Human Rights and Biomedicine, also referred to as the "Oviedo Convention", celebrated the 10th anniversary of its entry into force in 2009. This legally binding instrument aims to protect the integrity, dignity and identity of all human beings and guarantees everyone, without discrimination, the respect for their rights and fundamental freedoms with regard to the application of biology and medicine. It shares with the European Convention on Human Rights the same underlying approach and many ethical principles, and provides a general framework for the protection of fundamental rights and freedoms in the field of biomedicine. The Oviedo Convention also addresses new challenges in biomedicine that are brought about by technological and scientific developments, making it a reference text for patient rights at the European level. The principles laid down in the Oviedo Convention were further developed and complemented in additional protocols in specific fields: prohibition of cloning of human beings, transplantation of organs and tissues of human origin, and biomedical research and genetic testing for health purposes.

International Health Law and Ethics

Author : André den Exter
Publisher : Maklu
ISBN 13 : 9046607925
Total Pages : 730 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis International Health Law and Ethics by : André den Exter

Download or read book International Health Law and Ethics written by André den Exter and published by Maklu. This book was released on 2015 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Health Law and Ethics. Basic Documents contains a collection of treaty documents and soft law on health care rights and health ethics, used in health law training programs. Regional documents and explanatory reports on health care rights, which are derived from international human rights law, provide a way of “unwrapping” government obligations in health care, making rights more specific, accessible and (judicially) accountable. In addition, soft law declarations and medical ethics contribute to understanding the moral meaning of human rights in health care. As such, the principles and standards provide practical guidance for States when dealing with equal access to health care services, the rights of (categories of) patients, biomedical research, organ donation and transplantation, genetics and public health. These topics structure the approach of International Health Law and Ethics. This guide covers the basic documents, while general comments and explanatory reports amplify the principles embodied in the human rights treaties. The authoritative interpretations clarify a ‘European approach’ on the State’s obligations concerning health care rights and ethics. This volume is an initiative of the Erasmus Observatory on Health Law. It will be a helpful guide for all trainers, health care professionals and students interested in human rights issues in health care.

Genetic Testing and the Governance of Risk in the Contemporary Economy

Author : Lara Khoury
Publisher : Springer Nature
ISBN 13 : 3030436993
Total Pages : 354 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Genetic Testing and the Governance of Risk in the Contemporary Economy by : Lara Khoury

Download or read book Genetic Testing and the Governance of Risk in the Contemporary Economy written by Lara Khoury and published by Springer Nature. This book was released on 2020-10-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts – mainly genetic tests and genetic data/information – have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a “special status” for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources – including human rights norms – that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes’ approaches – specific and generalist – to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.

Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes

Author :
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (666 download)

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Book Synopsis Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes by :

Download or read book Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes written by and published by . This book was released on 2008 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biological and medical research has led to remarkable progress in the field of human health. The rapid developments in this sphere have prompted the Council of Europe to consider the ethical and legal aspects of applications of genetics, particularly genetic testing, and to draw up legal rules to protect fundamental human rights with regard to these applications. The protocol sets down principles relating inter alia to the quality of genetic services, prior information and consent and genetic counseling. It lays down general rules on the conduct of genetic tests, and, for the first time at international level, deals with the directly accessible genetic tests for which a commercial offer could develop in future. It specifies the conditions in which tests may be carried out on persons not able to consent. Also covered are the protection of private life and the right to information collected through genetic testing. Finally, the protocol touches on genetic screening.--Publisher's description.

New Technologies and Human Rights

Author : Norberto Nuno Gomes de Andrade
Publisher : Routledge
ISBN 13 : 1317087917
Total Pages : 353 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis New Technologies and Human Rights by : Norberto Nuno Gomes de Andrade

Download or read book New Technologies and Human Rights written by Norberto Nuno Gomes de Andrade and published by Routledge. This book was released on 2016-05-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

Human Germline Modification and the Right to Science

Author : Andrea Boggio
Publisher : Cambridge University Press
ISBN 13 : 1108499872
Total Pages : 681 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Germline Modification and the Right to Science by : Andrea Boggio

Download or read book Human Germline Modification and the Right to Science written by Andrea Boggio and published by Cambridge University Press. This book was released on 2020-01-09 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the regulation of human germline genome modification in eighteen countries and the emerging international standards.

Genetic Discrimination

Author : Gerard Quinn
Publisher : Routledge
ISBN 13 : 1135044600
Total Pages : 281 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Genetic Discrimination by : Gerard Quinn

Download or read book Genetic Discrimination written by Gerard Quinn and published by Routledge. This book was released on 2014-11-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: As genetic technologies advance, genetic testing may well offer the prospect of detecting the onset of future disabilities. Some research also forwards that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed, or the propensity for risk-taking. As this technology becomes more prevalent, there is a danger that genetic information may be misused by third parties and that particular genetic profiles may be discriminated against by employers, by providers of social goods and services, such as insurance companies and even by educational facilities. This book explores the different forms and potential uses of genetic testing. Drawing together leading experts in disability law, bioethics, health law and a range of related fields, it highlights the ethical and legal challenges arising as a result of emerging and rapidly advancing genetic science. On examining transatlantic perspectives on the matter, chapters in the book ask whether the US Genetic Information Nondiscrimination Act (GINA) is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating fears of discrimination. The book also reviews what insights may be gained from GINA within employment and health insurance contexts, and asks how the UN Convention on the Rights of Persons with Disabilities (CRPD) may impact similar debates within the European Union. The book focuses particularly on the legislative and policy framework in the European Union, with an emphasis on the gaps in protection and the scope for specific legislative action in this area. This book will be of great interest to scholars and students of discrimination law, bioethics and disability law, and will be of considerable use to legal practitioners, medical practitioners and policy-makers in this area.

The Council of Europe

Author : Stefanie Schmahl
Publisher : Oxford University Press
ISBN 13 : 0199672520
Total Pages : 1057 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Council of Europe by : Stefanie Schmahl

Download or read book The Council of Europe written by Stefanie Schmahl and published by Oxford University Press. This book was released on 2017 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.

Privacy and Data Protection Issues of Biometric Applications

Author : Els J. Kindt
Publisher : Springer Science & Business Media
ISBN 13 : 9400775229
Total Pages : 988 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Privacy and Data Protection Issues of Biometric Applications by : Els J. Kindt

Download or read book Privacy and Data Protection Issues of Biometric Applications written by Els J. Kindt and published by Springer Science & Business Media. This book was released on 2013-12-05 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.

European Law and New Health Technologies

Author : Mark L Flear
Publisher : OUP Oxford
ISBN 13 : 0191634859
Total Pages : 2682 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis European Law and New Health Technologies by : Mark L Flear

Download or read book European Law and New Health Technologies written by Mark L Flear and published by OUP Oxford. This book was released on 2013-03-14 with total page 2682 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.

Advance Care Decision Making in Germany and Italy

Author : Stefania Negri
Publisher : Springer Science & Business Media
ISBN 13 : 364240555X
Total Pages : 281 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis Advance Care Decision Making in Germany and Italy by : Stefania Negri

Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.

The Human Right to Science

Author : Cesare P. R. Romano
Publisher : Oxford University Press
ISBN 13 : 0197768997
Total Pages : 905 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis The Human Right to Science by : Cesare P. R. Romano

Download or read book The Human Right to Science written by Cesare P. R. Romano and published by Oxford University Press. This book was released on 2024 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Science offers a thorough and systematic analysis of the right to science in all of its critical aspects. Authored by experts in international law and science policy, the book meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.

The Oxford Handbook of International Organizations

Author : Jacob Katz Cogan
Publisher : Oxford University Press
ISBN 13 : 0191652377
Total Pages : 1304 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of International Organizations by : Jacob Katz Cogan

Download or read book The Oxford Handbook of International Organizations written by Jacob Katz Cogan and published by Oxford University Press. This book was released on 2016-11-24 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.

The EU Charter of Fundamental Rights

Author : Steve Peers
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251820
Total Pages : 2036 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The EU Charter of Fundamental Rights by : Steve Peers

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 2036 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

Genetic Data and the Law

Author : Mark Taylor
Publisher : Cambridge University Press
ISBN 13 : 1107378184
Total Pages : 247 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Genetic Data and the Law by : Mark Taylor

Download or read book Genetic Data and the Law written by Mark Taylor and published by Cambridge University Press. This book was released on 2012-03-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research using genetic data raises various concerns relating to privacy protection. Many of these concerns can also apply to research that uses other personal data, but not with the same implications for failure. The norms of exclusivity associated with a private life go beyond the current legal concept of personal data to include genetic data that relates to multiple identifiable individuals simultaneously and anonymous data that could be associated with any number of individuals in different, but reasonably foreseeable, contexts. It is the possibilities and implications of association that are significant, and these possibilities can only be assessed if one considers the interpretive potential of data. They are missed if one fixates upon its interpretive pedigree or misunderstands the meaning and significance of identification. This book demonstrates how the public interest in research using genetic data might be reconciled with the public interest in proper privacy protection.

Altruism Reconsidered

Author : Peter Sýkora
Publisher : Routledge
ISBN 13 : 1317182499
Total Pages : 287 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Altruism Reconsidered by : Peter Sýkora

Download or read book Altruism Reconsidered written by Peter Sýkora and published by Routledge. This book was released on 2016-04-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.