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Rapid advances in genetics and medicine present both opportunities and threats to the advancement of human rights and public health in this era of globalization. While such advances contribute significantly to progress against disease, they may also pose profound global public policy concerns in that the ethical and policy considerations that follow from scientific advances lag far behind. In this context, the aim of this book is to present the current global efforts to develop common principles relating to biomedicine. Section I sets forth the pivotal role that the principle of human dignity plays in this domain, and identifies a number of other principles that can be drawn from the recent international policy documents on bioethics. Section II provides detailed commentaries on recent international instruments relating to biomedicine adopted by UNESCO and the Council of Europe. Section III elaborates upon specific biomedical human rights issues that are the subject of contemporary international standard-setting efforts, including biomedical research, population biobanks, genetic testing, and advance directives. Essays in each of these sections examine the extent to which promoting and protecting human rights has created a common framework for contemporary international lawmaking in the field of biomedicine and the strengths and limitations of international law as a tool for advancing biomedical human rights.
This book provides an overview of the ethical and legal developments which have occurred in bioethics and human rights. The work analyzes the Universal Declaration on Bioethics and Human Rights from an ethical and legal perspective, commenting on its implementation and discussing the role of non-binding norms in international bioethics.
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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.
Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “Human dignity” has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term—like love, hope, and justice—that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law.
This Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.
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.
In October 2005, UNESCO Member States adopted by acclamation the Universal Declaration on Bioethics and Human Rights. For the first time in the history of bioethics, some 190 countries committed themselves and the international community to respect and apply fundamental ethical principles related to medicine, the life sciences and associated technologies. This publication provides a new impetus to the dissemination of the Declaration, and is part of the organisation's continuous effort to contribute to the understanding of its principles worldwide. The authors, who were almost all involved in the elaboration of the text of the Declaration, were asked to respond on each article: Why was it included? What does it mean? How can it be applied? Their responses shed light on the historical background of the text and its evolution throughout the drafting process. They also provide a reflection on its relevance to previous declarations and bioethical literature, and its potential interpretation and application in challenging and complex bioethical debates.
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.