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Despite increasing global respect for disability rights since the 2008 entry into force of the UN Convention on the Rights of Persons with Disabilities (CRPD), the equal right to live in the world for disabled people continues to be undermined. This undermining stems from a range of factors, not least the selective prevention and termination of disabled lives, along with long-standing barriers to life-sustaining care, including restricted access to controlled substances and experimental treatment. Investigating the problem of disability discrimination at the margins of life and death, Tony Bogdanoski draws on a range of materials, including international human rights law, reports of UN treaty monitoring bodies and special rapporteurs, and laws largely from the US, UK, and Canada to explore how selective reproduction, assisted dying, and drug control impact struggles for disability equality. His insights are broad in consequence, spanning the fields of disability studies, human rights, law, and bioethics.
Sexual harassment between doctors is a common problem hiding in plain sight. Studies around the world consistently find that prevalence is well above zero. Harassment is more common when the survivor is still in training, and it is more likely to be experienced by doctors living with multiple marginalisations. This book combines expert analysis and commentary from various interdisciplinary perspectives. It privileges the voices of survivors, whose experience helps to inform our understanding of a complex problem. With contributors in locations ranging from Austria to Zambia, the book spans multiple languages, sociocultural contexts, and academic disciplines and offers unique globally contextualised perspectives. It gives readers a holistic understanding of sexual harms between doctors and demonstrates how silence prevents effective evidence-based management of sexual harassment. This volume helps to break the silence and offers potential solutions in discrete cultural contexts. This title is also available as Open Access on Cambridge Core.
This book offers a moral and political analysis of the social position of people living with dementia. It takes a relational egalitarian view on the demands of justice, reflecting on what would be required for our society to become one in which we relate to members of this group as equals. By making several contributions to the legal and political philosophy of dementia care, the author uses a novel framework to underpin several public policy recommendations, aimed at remedying the injustices those living with the condition face. Whilst doing so, she takes care not to overlook the legislative and economic barriers to achieving an ideal, dementia-inclusive society, and considers ways in which they might be overcome. Providing public policy insights while furthering scholarship on justice, equality, and capability, this is a timely and novel book that speaks to some of the most urgent questions facing contemporary ageing societies.
This handbook is essential for legal scholars, policymakers, animal and public health professionals, and environmental advocates who want to understand and implement the One Health framework in governance and law. It explores how One Health – an approach integrating human, animal, and environmental health – can address some of the most pressing global challenges, including zoonotic diseases, biodiversity loss, climate change, and antimicrobial resistance. Through detailed case studies, the book demonstrates how One Health is already embedded in legal and policy frameworks, evaluates its effectiveness, and offers practical guidance for improvement. It compares One Health with other interdisciplinary paradigms and existing legal frameworks, identifying valuable lessons and synergies. The book concludes by mapping a transformative path forward, showing how One Health can be used to fundamentally reshape legal systems and their relationship with health and sustainability. This is an invaluable resource for anyone seeking innovative, equitable, and sustainable solutions to global health challenges.
A Hague Convention on Jurisdiction and Judgments: Why did the Judgments Project (1992-2001) Fail? provides the first comprehensive analysis of the question of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. The ‘Judgments Project’, sometimes referred to as the holy grail of private international law, was a remarkable and important undertaking. Its purpose was to create a global regime to secure the recognition and enforcement of foreign judgments in civil and commercial matters, as well as globally applicable rules on international direct jurisdiction, determining which national courts can hear international civil and commercial proceedings. Key players in the project included the member states of the European Community and the United States of America.
By applying an interdisciplinary approach of legal analysis and project management, the book demonstrates that the preparation and management of the pre-negotiation phase of the project were not commensurate to the complexity of the endeavour, which is likely to have contributed substantially to the discontinuation of the project. The patterns of previous successful Hague Conference project management, as demonstrated by the work on the 1980 Hague Child Abduction Convention and the 1993 Intercountry Adoption Convention, are also analysed, with the perspective that these patterns, which comprised an assessment of the need for and the desirability of new convention projects, as well as their technical and political feasibility, were largely absent from the Hague Judgments Project.
The role of conscience in healthcare decision-making is explored in this important intervention in the fields of Health Law and Ethics, Medicine, Nursing and Philosophy. It takes a broad approach to conscience, looking beyond the standard examples of conscientious objection to argue that conscience permeates healthcare decisions. However, it also shows that not all decisions of conscience are worthy of legal or societal protection and that these are interests to be weighed rather than rights. Instead, conscience should be protected only when the individual exercising conscience abides by specific responsibilities. Additionally, the book explores the important issues of complicity with healthcare decisions and institutional or organisational conscience and argues they play an oversized role in general discussions of conscience. It further claims that we ought to pay much more attention to conscientious provision. The book concludes by looking at ways to more effectively regulate claims of conscience.
People with disfigurements often face prejudice, exclusion and discrimination in employment and across other life contexts. Law's response to this evidence is flawed both by its own limited and illogical scope and its failure to understand the perspectives of those people who may need to use it. Drawing on interviews with both people with lived experience of disfigurement and employers, the book sketches out different approaches to the complex social problem of discrimination against people with visible differences. It also asks whether, in our changing social context, law should widen its protection beyond disfigurement. Would a protected characteristic of appearance offer viable legal rights to the many millions of us who do not have a disfigurement but who are prone to a few spots, whose ears stick out more than we would like, or who are carrying an extra stone in weight?
Law and the 100-Year Life addresses the growing trend of Americans living longer and healthier lives, with many reaching the age of 100. An aging nation presents new challenges for society, which must be reimagined to accommodate longer and more varied careers, multiple marriages, and defining moments of education. This volume explores the possibility of a 'third demographic dividend', a new period of productivity following middle age, and the potential for law and policy to support or divide aging citizens. Leading scholars across various fields come together to explore topics related to aging, such as health law and trusts and estates, as well as less obvious but equally important areas like housing, criminal justice, and education. This title is also available as Open Access on Cambridge Core.
Health Law as Private Law delves into the complex relationship between private law and health care. During the COVID-19 pandemic, the importance of public ordering and state-created rules was evident, yet this work reveals the equally important role of private agreements in shaping health care policy. The volume's five sections – theory and structure, reproductive care, costs and financing, innovation and institutions, contracts and torts – include innovative conceptualizations and approaches to applying private law to health law. Chapters authored by leading experts explore how private law can be utilized to address significant health care and public health problems, and to achieve much-needed health care reform. Comprehensive and timely, Health Law as Private Law opens new pathways that will influence future policy, jurisprudence, and regulation. This title is also available as open access on Cambridge Core.
This key reference text covers both the common law and the statutory controls over noise; including a detailed discussion of the role of planning law, with special attention given to the role of environmental assessment. Leading cases are covered in detail, for example, Baxter vs Camden LBC, Coventry vs Lawrence, Hatton vs UK, Webster vs Lord Advocate and Dennis vs MoD.
Drawing on the authors' combined expertise, the book presents a clear and practical overview for academics, practitioners and agencies working in acoustics, noise law and environmental law. It is also an ideal textbook for students undertaking modules on Environmental Noise and Regulation of Noise as part of the IOA diploma in Acoustics.
This edited collection brings together a range of academics, practitioners and organisations to consider the implications of recent case law around consent in sexual relationships on the day-to-day lives of people with cognitive impairments.
The sudden and unexpected death of a patient can be emotionally complex and overwhelming for clinicians. This book will equip medical and other healthcare professionals with the necessary information and skills to fulfil their requirements in the coroner's court confidently and competently and understand their organisation's responsibilities. Practical and straightforward, this book aims to make the unfamiliar territory of the coroner's court transparent, enabling clinicians to negotiate all eventualities. It will provide clinicians with the confidence to turn what can feel like an adversarial situation into an opportunity to engage with an important part of the healthcare system, preventing future deaths and providing understanding to relatives. It also explores the underlying necessity of complying with requirements and suggests ways to cope with the emotional impact. With chapters covering expert witnesses, legal perspectives and managing outcomes, this book is essential for any healthcare professional called to an inquest.
This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law serves merely as a façade, behind which judgements can be made about the nature of a person's values, free from proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. It also explores the implications of this analysis for people found to lack capacity, concluding that reforms to the best interest provisions are urgently needed. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.
Health care delivery is shifting away from the clinic and into the home. Even prior to the COVID-19 pandemic, the use of telehealth, wearable sensors, ambient surveillance, and other products was on the rise. In the coming years, patients will increasingly interact with digital products at every stage of their care, such as using wearable sensors to monitor changes in temperature or blood pressure, conducting self-directed testing before virtually meeting with a physician for a diagnosis, and using smart pills to document their adherence to prescribed treatments. This volume reflects on the explosion of at-home digital health care and explores the ethical, legal, regulatory, and reimbursement impacts of this shift away from the 20th-century focus on clinics and hospitals towards a more modern health care model. This title is also available as Open Access on Cambridge Core.
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.
Stark social inequalities have been revealed and exacerbated by the COVID-19 pandemic. This book explores these inequalities through three thematic strands: power and governance, gender, and marginalized communities. Through its examination, the book uncovers how unequal the pandemic truly is.
The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies the right questions to ask as we take stock of pandemic realities and provides guidance for the many stakeholders of COVID-19's legal legacy. This book is also available as Open Access on Cambridge Core.
In this book Phillip Cole calls for a radical review of what international protection looks like and who is entitled to it. The book brings together different issues of forced displacement in one place to provide a systematic overview. It draws attention to groups who are often overlooked when it comes to discussions of international protection, such as the internally displaced, those displaced by climate change, disasters, development infrastructure projects and extreme poverty. The study draws on extensive case studies, such as border practices by European Union states, the United States and its border with Mexico, and the United Kingdom. Cole places the experiences of displaced people at the centre, and argues that they should be key political agents in determining policy in this area.
In the years following FDA approval of direct-to-consumer, genetic-health-risk testing, millions of people in the United States have sent their DNA to companies to receive personal genetic health risk information without physician or other learned medical professional involvement. In Personal Genome Medicine, Michael J. Malinowski examines the ethical, legal, and social implications of this development. Drawing from the past and present of medicine in the U.S., Malinowski applies law, policy, public and private sector practices, and governing norms to analyze the commercial personal genome sequencing and testing sectors and to assess their impact on the future of U.S. medicine. Written in relatable and accessible language, the book also proposes regulatory reforms for government and medical professionals that will enable technological advancements while maintaining personal and public health standards.