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This volume examines the impact of advances in genetics and assisted reproduction technologies on family law, human rights and the rights of the child, including the effects of international treaties on national legislation. It surveys the theoretical, ethical and legal discussions with regard to biotechnology and family law issues and the search for a balance between safeguarding respect for human rights and fundamental freedoms and the need to ensure freedom of research. However, biotechnology impinges not only on isolated individuals and their rights, but also on unborn children, the family as a network of living relationships and the basic structure of any society, as well as the foundation of parentage and kinship, social organization as a whole and, finally, mankind itself. As the attention of the World turns to cloning, this book will contribute to the search for a balance between the rights and freedoms of born and yet to be born human beings and the quest for new technologies.
An Anthropology of Biomedicine is an exciting new introduction to biomedicine and its global implications. Focusing on the ways in which the application of biomedical technologies bring about radical changes to societies at large, cultural anthropologist Margaret Lock and her co-author physician and medical anthropologist Vinh-Kim Nguyen develop and integrate the thesis that the human body in health and illness is the elusive product of nature and culture that refuses to be pinned down. Introduces biomedicine from an anthropological perspective, exploring the entanglement of material bodies with history, environment, culture, and politics Develops and integrates an original theory: that the human body in health and illness is not an ontological given but a moveable, malleable entity Makes extensive use of historical and contemporary ethnographic materials around the globe to illustrate the importance of this methodological approach Integrates key new research data with more classical material, covering the management of epidemics, famines, fertility and birth, by military doctors from colonial times on Uses numerous case studies to illustrate concepts such as the global commodification of human bodies and body parts, modern forms of population, and the extension of biomedical technologies into domestic and intimate domains Winner of the 2010 Prose Award for Archaeology and Anthropology
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
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.
Examines the philosophical and clinical history of scientific medicine, and critiques the movements in psychoneuroimmunology and holistic and environmental medicine.
This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.
This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on 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 become 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 clearly remain an important factor in the legal development of this particular region.
This book follows and complements the previous volume Biotechnology and International Law (Hart 2006) bringing a specific focus on human rights. It is the result of a collaborative effort which brings together the contributions of a select group of experts from academia and from international organisations with the purpose of discussing the extent to which current activities in the field of biotechnology can be regulated by existing human rights principles and standards, and what gaps, if any, need to be identified and filled with new legislative initiatives. Instruments such as the UNESCO Declaration on the Human Genome (1997) and on Bioethics and Human Rights (2005) are having an impact on customary international law. But what is the relevance of these instruments with respect to traditional concepts of state responsibility and the functioning of domestic remedies against misuse of biotechnologies? Are new legislative initiatives needed, and what are the pros and cons of a race toward the adoption of new ad hoc instruments in an area of such rapid technological development? Are there risks of normative and institutional fragmentation as a consequence of the proliferation of different regulatory regimes? Can we identify a core of human rights principles that define the boundaries of legitimate uses of biotechnology, the legal status of human genetic material, as well as the implications of the definition of the human genome as 'common heritage of humanity' for the purpose of patenting of genetic inventions? These and other questions are the focus of a fascinating collection of essays which, together, help to map this emerging field of inquiry.
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.