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3.
Eur J Health Law ; 18(1): 11-25, 2011 Jan.
Article in English | MEDLINE | ID: mdl-21409969

ABSTRACT

In the European Union, unaccompanied asylum seekers below 18 years of age are entitled to specific treatment. Age assessment practices to verify the age-statement by the asylum seeker differ between EU Member States. Medical methods in use raise questions about accuracy, reliability and safety. The medical, legal and ethical acceptability of invasive methods (notably X-rays) in particular is controversial. Human rights are at stake. The lack of common practices results in different levels of protection (discrimination). The absence ofstandardisation is an obstacle for the functioning of the Common European Asylum System. EU Best Practice Guidelines should remedy the situation; such guidelines should reflect the best interest of the child.


Subject(s)
Minors , Public Policy/legislation & jurisprudence , Refugees , Age Determination by Skeleton , Bone and Bones/diagnostic imaging , European Union , Humans
6.
Eur J Health Law ; 17(1): 11-22, 2010 Mar.
Article in English | MEDLINE | ID: mdl-20422964

ABSTRACT

This article deals with the impact on patients' rights of medical and technological advances in a market oriented (European) society: what are the advantages and risks, what are the challenges that lay ahead of us? After introducing the subject matter, the first part deals with risks for patients' rights in the European cross border context (health care, direct to the public screening offers and biomedical research). The second part sketches some of the implications of innovation in health care and medical technology for patients' rights to autonomy and private life, particularly when third party interests are involved. The article ends with some suggestions on how best to protect patients' rights in the perspective of innovation in health care and medical research.


Subject(s)
Biomedical Research/legislation & jurisprudence , Communication , Ethics, Research , Medical Laboratory Science/legislation & jurisprudence , Patient Rights/ethics , Biomedical Research/ethics , Diffusion of Innovation , Europe , Humans , Internationality , Patient Rights/legislation & jurisprudence
7.
Med Law ; 29(2): 141-52, 2010 Jun.
Article in English | MEDLINE | ID: mdl-22462279

ABSTRACT

Health systems in Europe tangle with various cultural traditions and religious convictions and ethnic related specific health needs. Multicultural societies face health systems with challenges of human rights and values. When a person's right to freedom of religion comes into conflict with other interests of public health and the rights and freedoms of others, the freedom of religion might then be justifiably limited. Such limitation is a necessary means to be considerd under every democratic society; such limitations concerns a mechanism of proportionality as prescribed by law; yet does not constitute a discriminatory regime. To meet with health disparities between the non-western and the autochtonous groups of the population in multicultural societies, health systems must appropriately address the health needs of the different groups. To overcome present inequality in access for non-autochthonous groups of the population in multicultural societies, a paradigm shift from primary focus on the health of a rather homogenous Western population towards diversity in health needs is necessary.


Subject(s)
Cultural Diversity , Delivery of Health Care/legislation & jurisprudence , Emigrants and Immigrants , Health Status Disparities , Human Rights/legislation & jurisprudence , Religion and Medicine , Delivery of Health Care/ethnology , Europe , Health Services Accessibility/legislation & jurisprudence , Humans
8.
Eur J Health Law ; 16(1): 81-8, 2009 Mar.
Article in English | MEDLINE | ID: mdl-19353913

ABSTRACT

International (European) organizations have impact on health law. The most recent developments are: a revision of the world Medical's Association Declaration of Helsinki, a proposal for a Directive (European Commission) on standards of quality and safety of human organs intended for transplantation, accompanied by a ten point action plan; a proposal (European Commission) for a Directive on the application of patients' rights in cross-border health care; a proposal (European commission) for a Directive on information to the general public on medicinal products subject to medical prescription.


Subject(s)
Biomedical Research/legislation & jurisprudence , Delivery of Health Care/legislation & jurisprudence , Health Services Accessibility/legislation & jurisprudence , Organ Transplantation/legislation & jurisprudence , Europe , Human Experimentation/legislation & jurisprudence , Humans , International Cooperation , Patient Rights/legislation & jurisprudence
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