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Articles de revues sur le sujet "Medical laws and legislation – France"
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Dyuka, A. « LEGAL REGULATIONS OF ART IN FRENCH LEGISLATION ». Reproductive Medicine, no 2(43) (20 juin 2020) : 17–21. http://dx.doi.org/10.37800/rm2020-1-11.
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France is one of the rare countries which implements the fundamental mechanism for improving legislation on Bioethics. Since 1994, every five years bioethics laws are revised in order to follow medical advances (medicine), authorize new practices and impose restrictions, expressly in order to guarantee the fundamental principles laid down by the Law N94-653 of 29 July 1994 (dignity, primacy of the human person, inviolability, integrity and non-ownership of the human body and its elements). Medically assisted procreation (ART) is one of the fields under regular review. This article outlines the French law on ART and surrogacy. In spite of the fact that surrogacy is prohibited in France, the infertile couples seek surrogacy outside of the country. Over the last few years, under pressure from the ECHR and expressly to protect child interests, the French relaxed their position in order to recognize the affiliation of children born from surrogacy. The current revision of bioethical laws aims, among other things, to open up access to ART for all women (including single women and lesbian couples) and to simplify the recognition in France of the affiliation of children born by surrogacy abroad.
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Veshi, Denard, et Gerald Neitzke. « Advance Directives in Some Western European Countries : A Legal and Ethical Comparison between Spain, France, England, and Germany ». European Journal of Health Law 22, no 4 (31 juillet 2015) : 321–45. http://dx.doi.org/10.1163/15718093-12341368.
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We have studied national laws on advance directives in various Western European countries: Romance-speaking countries (Italy, France, Portugal, and Spain), English-speaking countries (Ireland and the United Kingdom), and German-speaking countries (Austria, Germany, and Switzerland). We distinguish two potentially complementary types of advance medical declaration: the ‘living will’ and the nomination of a legal proxy. After examining the similarities and differences between countries, we analyse in detail the legislation of four countries (Spain, France, England, and Germany), since the other countries in this survey have similar legal principles and/or a similar political approach. In conclusion, we note that in all the countries examined, advance directives have been seen as an instrument to enable the patient’s right to self-determination. Notwithstanding, in Romance-speaking countries, the involvement of physicians in the end-of-life process and risks arising from the execution of advance directives were also considered.
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Taylor, Simon. « Clinical Negligence Reform : Lessons from France ? » International and Comparative Law Quarterly 52, no 3 (juillet 2003) : 737–47. http://dx.doi.org/10.1093/iclq/52.3.737.
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On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1 As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. The new French rules are of considerable interest in view of the current debate in the United Kingdom on clinical negligence reform.
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Latham, Melanie. « Regulating the New Reproductive Technologies : A Cross-Channel Comparison ». Medical Law International 3, no 2-3 (mars 1998) : 89–115. http://dx.doi.org/10.1177/096853329800300301.
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In Britain and in France medical developments in the new reproductive technologies (NRTS) have proceeded at a similar pace. Both countries have been at the forefront of progress. Statutes seeking to answer the dilemmas posed by that progress were passed in 1990 in Britain and in 1994 in France. These have in some respects been markedly different. The process of legislating to regulate assisted conception has proved to be much more problematic in France than in Britain due to the ambitions of the French and the existence of Constitutional rights which impinged on the substance of any new laws. The outcome in three key areas of the debate, namely controlling access to assisted conception, defining parenthood and defining the status of the embryo, reveals fundamental divisions between understandings of law and culture in these two major European states. Taken as a whole the three laws of 1994 in France, for example, afford protection much more substantially to the child and the embryo than the Human Fertilisation and Embryology Act 1990. What this paper seeks to do then is to explore the response in France and Britain to these three issues, to evaluate the reasons for each jurisdiction's response to them and finally, perhaps intrepidly, to conclude whether France or Britain has offered the better solution to the problems of modern reproductive medicine.
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Vilcu, Alexandra. « Tendencies of High-Skilled Migration coming from Romania. Favourable Legislation and Social Policies ». European Journal of Social Sciences Education and Research 1, no 1 (1 mai 2014) : 65. http://dx.doi.org/10.26417/ejser.v1i1.p65-69.
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The external migration of a significant part of Romania's high-skilled population is a social phenomenon which became increasingly frequent starting from the 1990s, right after the fall of the communist regime. The basis for this phenomenon consists of several causes: globalization, the strengthening of international economic relations, and later on, Romania's adhesion to the European Union. Research has shown that of all high-skilled population, the professionals who emigrate more frequently consist of engineers, teachers, medical staff, scientific researchers, economists and architects. Besides, the chosen destinations have been variable throughout time. The first phase in time took place in the 1990s, when a large part of the high-skilled population chose to emigrate for professional purposes in countries such as The United States of America, Canada, Germany or Israel. The second important phase occurred after year 2000, when the focus was placed on EU countries, especially after Romania's integration. Apart from temporary unqualified migration, the number of high-skilled migrants and those who leave the country to continue their studies also soared. The chosen countries generally include Great Britain, Germany, Belgium, France and Austria. Given these differences in the tendencies of high-skilled migration, this paper will offer an insight on how the phenomenon evolved, and the factors that caused these variations in space and time. Most likely, some of the countries that were preferred have been facilitating the integration of high-skilled immigrants in society, as opposed to unqualified ones, through a selective set of laws and social policies which are meant to favour this social category. Therefore, we will discover and analyze various examples and benefits of legislation and social policies which offered social protection to high-skilledimmigrants in various countries. This paper is made and published under the aegis of the Research Institute for Quality of Life, Romanian Academy, as part of the programme co-funded by the European Union within the Operational Sectorial Programme for Human Resources Development, through the Project for Pluri and Interdisciplinarity in doctoral and post-doctoral programmes. Project code: POSDRU/159/1.5/S/141086
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Absalyamova, Violetta G. « THE CIVIL LAW REGIME OF GENETIC INFORMATION IN THE CONTEXT OF BIOETHICS ». Tyumen State University Herald. Social, Economic, and Law Research 8, no 3 (2022) : 76–89. http://dx.doi.org/10.21684/2411-7897-2022-8-3-76-89.
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The main purpose of this article is to review the legal aspects governing genetic testing and the processing of genetic test results in several countries and to point out similarities and differences. The article discusses the reasons for creating a unified standard to ensure protection, storage, transmission, processing, and analysis of genetic data. In modern Russian conditions, the issues of information leakage from such institutions, which take place in foreign countries, are not yet relevant. This is largely due to the fact that legal regulation of relevant social relations in Russia is just beginning to emerge, so there is every reason to believe that such problems will arise and will require a solution. The methodological basis of the study consists of empirical methods of comparison and description, as well as the private-scientific method of comparative law —- comparative analysis of the legislation of the Russian Federation, France, the United States of America and the People’s Republic of China. The analysis examines and analyzes controversial aspects of the regulation of this issue at the level of national legislation and proposes amendments to the Federal Law “On Personal Data” taking into account global trends. Genetic testing has become part of the diagnosis of an increasing number of medical conditions, while genetic testing methods have entered the era of high throughput, allowing both diagnostics and medical research to address many complex issues. Genetic testing, outside of the public health system, has become important in addressing a multitude of issues, yet legislation on genetic testing in many countries lags behind. The author concludes that in this context, a broad discussion and subsequent adoption of a law “On Cybersecurity” in the Russian Federation is necessary, some of whose conceptual provisions can be adopted by the national legal system to improve the current legislation on the protection of genetic information.
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Barbu, Raluca Maria. « Fertility Tourism : The legal side of this phenomenon without borders ». Bioethica 8, no 1 (10 avril 2022) : 48–65. http://dx.doi.org/10.12681/bioeth.30542.
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Fertility, reproductive or procreative tourism are all new terms which designate a growing trend of the 21st century, namely the movement of people to other countries in order to undergo fertility treatment. Thus, this phenomenon implies multiple legal, bioethical, sociological issues and more, which need to be taken into consideration both by the national policymakers and by the ones seeking for such treatments abroad. This review article will try to offer a bigger picture by focusing on the particularities of the national laws on medical assisted reproduction of four representative EU countries, namely Germany, Austria, Italy and France and on interpreting how the restrictions in one state could boost the fertility tourism industry in other ones. The situation in each country will be depicted in a comparative manner, tackling the legislation, regulations and even relevant domestic jurisprudence on topics such as gamete donation and its anonymity regime, post-mortem reproduction, surrogacy services and cryopreservation. Moreover, it will be determined who is entitled to have fertility treatment in each of the countries subject of the analysis and how do these states fund the procedures. Furthermore, the most popular non-EU countries of destination will be presented and why one would prefer to undergo fertility treatment there. In the end, the review article will reflect if there are indeed real chances of creating strong national,European or international policies regarding fertility treatments.
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Bévière, Bénédicte, et Anne-Marie Duguet. « Access to Health Care for Illegal Immigrants : A Specific Organisation in France ». European Journal of Health Law 18, no 1 (2011) : 27–35. http://dx.doi.org/10.1163/157180911x551899.
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AbstractHealth care is a fundamental human right in Europe, and all Member States recognise everyone’s right to the access to preventive healthcare and to receive medical care in the event of sickness or pregnancy. Nevertheless, this right is focused on citizens and the application to migrants, particularly undocumented migrants, varies widely in the EU. The French legislation is organized with a humanitarian approach. In this article, the authors present the French system of social protection, the “Couverture médicale universelle” or CMU, which provides the same protection to asylum seekers and documented immigrants as to nationals, and the “Aide médicale d’état” or AME, that is open to every person who does not fulfil the legal conditions to obtain the CMU, such as illegal immigrants. Created in 1995, recently access to the AME has been restricted. A claim of discrimination has been rejected by the Conseil d’Etat and 215 000 persons received the AME in 2009. The expenses incurred by the AME increased by 17% in 2010, and there is a debate in Parliament to limit care and to ask the recipient for a financial contribution.
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Giustiniani, Matteo, Umberto M. Musazzi, Paola Minghetti et Donatella Paolino. « Radiopharmaceutical preparations : what are the legislative differences across Europe ? » Journal of Pharmaceutical Health Services Research 12, no 3 (21 juillet 2021) : 363–68. http://dx.doi.org/10.1093/jphsr/rmab033.
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Abstract Objectives Radiopharmaceuticals, since the discovery of the first medical application of radioactive isotope, have been essential therapeutics for the diagnosis and treatment of numerous diseases. Since the Directive 2001/83/EC entered in force, European regulatory authorities have established a harmonised framework to set quality requirements for the industrial production of radiopharmaceuticals. However, little is known about the harmonisation of extemporaneous preparation of radiopharmaceutical preparations (EPRPs) among European countries. In this context, this study aims to provide an overview of the national regulatory framework on the production of EPRPs of five European countries (i.e. UK, Spain, France, Germany and Italy). Methods Five different national regulatory frameworks were compared based on the results of a literature search on electronic databases (i.e. PubMed, Google scholar). Key findings Unlike industrially produced radiopharmaceuticals, the results highlighted that the regulatory framework on EPRPs is still not fully harmonised at the European level and many provisions are regulated by local national laws. Similarities and differences exist among the European countries, both regarding quality standards and educational courses the operators involved in the preparation of EPRPs have to attend. Conclusions The regulatory framework on the EPRPs is still not harmonised at the European level affecting the access to therapies of European citizens who are not equally guaranteed when an extemporaneous radiopharmaceutical has to be prepared to meet their needs.
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Barthélemy, Ernest Joseph, Christopher A. Sarkiss, James Lee et Raj K. Shrivastava. « The historical origin of the term “meningioma” and the rise of nationalistic neurosurgery ». Journal of Neurosurgery 125, no 5 (novembre 2016) : 1283–90. http://dx.doi.org/10.3171/2015.10.jns15877.
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The historical origin of the meningioma nomenclature unravels interesting social and political aspects about the development of neurosurgery in the late 19th century. The meningioma terminology itself was the subject of nationalistic pride and coincided with the advancement in the rise of medicine in Continental Europe as a professional social enterprise. Progress in naming and understanding these types of tumor was most evident in the nations that successively assumed global leadership in medicine and biomedical science throughout the 19th and 20th centuries, that is, France, Germany, and the United States. In this vignette, the authors delineate the uniqueness of the term “meningioma” as it developed within the historical framework of Continental European concepts of tumor genesis, disease states, and neurosurgery as an emerging discipline culminating in Cushing's Meningiomas text. During the intellectual apogee of the French Enlightenment, Antoine Louis published the first known scientific treatise on meningiomas. Like his father, Jean-Baptiste Louis, Antoine Louis was a renowned military surgeon whose accomplishments were honored with an admission to the Académie royale de chirurgie in 1749. His treatise, Sur les tumeurs fongueuses de la duremère, appeared in 1774. Following this era, growing economic depression affecting a frustrated bourgeoisie triggered a tumultuous revolutionary period that destroyed France's Ancien Régime and abolished its university and medical systems. The resulting anarchy was eventually quelled through legislation aiming to satisfy Napoleon's need for qualified military professionals, including physicians and surgeons. These laws laid the foundations for the subsequent flourishing of French medicine throughout the mid-19th century. Subsequent changes to the meningioma nomenclature were authored by intellectual giants of this postrevolutionary period, for example, by the Limogesborn pathologist Jean Cruveilhier known for the term “tumeurs cancéreuses de la duremère,” and the work of histopathologists, such as Hermann Lebert, who were influenced by Pasteur's germ theory and by Bernard's experimental medicine. The final development of the meningioma nomenclature corresponded to the rise of American neurosurgery as a formal academic discipline. This historical period of growth is chronicled in Cushing's text Meningiomas, and it set the scientific stage for the modern developments in meningioma research and surgery that are conducted and employed today.
Thèses sur le sujet "Medical laws and legislation – France"
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Sandvick, Clinton Matthew. « Enforcing Medical Regulation in the United States 1875 to 1915 ». Thesis, Connect to title online (Scholars' Bank), 2008. http://hdl.handle.net/1794/7783.
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Meurer, Christina. « Außergerichtliche Streitbeilegung in Arzthaftungssachen unter besonderer Berücksichtigung der Arbeit der Gutachterkommissionen und Schlichtungsstellen bei den Ärztekammern / ». Berlin : Springer, 2008. http://www.myilibrary.com?id=149110.
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Ding, Chunyan. « Medical negligence law in transitional China a patient in need of a cure / ». Click to view the E-thesis via HKUTO, 2009. http://sunzi.lib.hku.hk/hkuto/record/B43913696.
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Rutayisire, Paul. « La faute lourde du travailleur : étude comparative des droits burundais, belge et français du travail ». Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213302.
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Boy, Anthony Albert. « Dismissal for medical incapacity ». Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.
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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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麥栢文. « 國際傳統醫藥政策法規的歷史回顧 ». HKBU Institutional Repository, 2012. http://repository.hkbu.edu.hk/etd_ra/1349.
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Sickor, Jens Andreas. « Normenhierarchie im Arztrecht ». Berlin [u.a.] Springer, 2005. http://dx.doi.org/10.1007/3-540-27643-2.
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Rütz, Eva Maria K. « Heterologe Insemination - die rechtliche Stellung des Samenspenders Lösungsansätze zur rechtlichen Handhabung / ». Berlin : Springer, 2008. http://site.ebrary.com/id/10217538.
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Ding, Chunyan, et 丁春艳. « Medical negligence law in transitional China : a patient in need of a cure ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B43913696.
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Province, Diana. « An examination of the purity laws regarding childbirth and menstruation in Leviticus ». Portland, Or. : Theological Research Exchange Network (TREN), 2005.
Trouver le texte intégralLivres sur le sujet "Medical laws and legislation – France"
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Duguet, Anne-Marie. Medical law in France. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2014.
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L' Administration de la santé en France. Paris : L'Harmattan, 1995.
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Hildreth, Martha Lee. Doctors, bureaucrats and public health in France, 1888-1902. Ann Arbor, Mich : UMI, 1985.
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Doctors, bureaucrats, and public health in France, 1888-1902. New York : Garland, 1987.
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Noëlle, Lenoir, Mathieu Bertrand, Maus Didier et Université de Paris I : Panthéon-Sorbonne. Centre de recherche de droit constitutionnel., dir. Constitution et éthique biomédicale : France, États-Unis, Espagne, Grande-Bretagne, Canada, Allenagne, Suisse, Pologne, Cour de justice des Communautés européennes, Cour européenne des Droits de l'homme, Unesco : Actes du colloque international tenu à Paris...les 6 et 7 février 1997. Paris : La Documentation franc̜aise, 1998.
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Blanco, Florent. La Loi du 4 mars 2002 et les Commissions régionales de conciliation et d'indemnisation : Des accidents médicaux, des affections iatrogènes et des infections nosocomiales : C.R.C.I. Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2005.
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Bernhard, Maassen, et Whaite Robin, dir. In vitro diagnostic medical devices : Law and practice in five EU member states : France, Germany, Italy, Spain, and the United Kingdom. Dordrecht : Kluwer Academic Publishers, 1994.
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Loiseau, P. La maîtrise des dépenses de santé confrontée à la responsabilité médicale aux États-Unis et en France. Aix-en-Provence : Presses universitaires d'Aix-Marseille, PUAM, 2005.
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Sauvat, Christophe. Le Comité consultatif national d'éthique. Aix-en-Provence : Presses universitaires d'Aix-Marseille, 1999.
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Rights, European Court of Human. Affaire H. contre France : Arrêt du 24 octobre 1989 : Affaire Chichlian et Ekindjian : arrêt du 28 novembre 1989 = Case of H. v. France : judgment of 24 October 1989 : Case of Chichlian and Ekindjian : judgment of 28 November 1989. Strasbourg : Greffe de la Cour, Conseil de l'Europe, 1990.
Trouver le texte intégralChapitres de livres sur le sujet "Medical laws and legislation – France"
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Vlašković, Veljko. « MEDICINSKE USLUGE PRILAGOĐAVANjA POLA I OSTVARIVANjE PRAVA NA RODNI IDENTITET ». Dans XXI vek - vek usluga i uslužnog prava : Knj. 10, 219–28. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xxiv-10.219v.
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The right to recognition of gender identity was recognised to transgender persons in 2002 by well-known decision of the European Court of Human Rights in case Goodwin v United Kingdom. Thus, the Court established positive obligation on all Contracting States to enable legal recognition of preferred gender in cases of transsexuality. It was left to national legislations to decide what requirements are necessary for legal recognition of preferred gender. Establishing the right to gender identity means also to determine the court or administrative authority with jurisdiction to make decisions that are legal grounds for changing of gender data in birth records. However, national legislations of Contracting States differ greatly from one country to another in many issues concerning enforcement of the right to gender identity. Those issues refer primarily to gender recognition requirements and legal effects of decision on recognition of preferred gender. The focus in this paper will be on the need of taking certain medical services as requirements for legal change of sex in the birth records. Special attention will be paid to the latest amendments of the domestic legislation on registers of civil status, as well as recent case law of the European Court of Human Rights in case A.P., Garçon and Nicot v. France from 2017.
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« The Legislation and Regulation of Medical Devices ». Dans The Law and Regulation of Medicines and Medical Devices, sous la direction de Sarah-Jane Dobson, 177–94. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192847546.003.0007.
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This chapter outlines the laws that govern the manufacture and supply of medical devices in the EU and UK, both multi-faceted and internationally well-regarded legislative regimes. It contextualises these laws within the broader framework of the EU’s new approach to product safety legislation, in which these medical devices regimes were established. It discusses the core principles and fundamental statutory concepts under the EU and UK legislation that have been reinforced and improved upon over forty years of legislative history. Recent legislative change and the impact of Brexit is discussed in detail in that regard. The chapter also describes the regulatory environment in which Europe’s substantial medical devices industry operates, an industry which is estimated by the European Commission in 2019 as being comprised of 500,000 different types of medical devices and worth €100 billion. An outline of key regulatory bodies and functions is also provided.
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Bazyler, Michael J., Kathryn Lee Boyd, Kristen L. Nelson et Rajika L. Shah. « France ». Dans Searching for Justice After the Holocaust, 137–50. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190923068.003.0017.
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Germany invaded France in 1940. A month later the countries entered into an agreement, by which 80 percent of France was occupied by Nazi Germany. Competing property expropriation laws were enacted in both Occupied and Unoccupied (Vichy) France. More than 20 percent of France’s Jewish population was killed during World War II. Restitution and reparations measures—particularly with respect to private and heirless property—took place in two phases. The first occurred in the immediate postwar years and ended around 1954, and the second commenced in the late 1990s and early 2000s and is ongoing. In the late 1990s, a government commission (Matteoli Commission) was established to examine the conditions under which property was confiscated by the occupying or Vichy regimes. A compensation commission (Drai Commission) was subsequently established to provide payment to those not previously compensated for damages resulting from legislation passed either by the occupying or Vichy regimes. France endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010.
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Vlašković, Veljko. « MEDICINSKE USLUGE POLNOG PRILAGOĐAVANjA KAO USLOV ZA PRAVNU PROMENU POLA U SVETLU PRAKSE EVROPSKOG SUDA ZA LjUDSKA PRAVA ». Dans XXI vek - vek usluga i uslužnog prava : Knj. 12, 199–209. University of Kragujevac, Faculty of Law, 2021. http://dx.doi.org/10.46793/xxiv-12.199v.
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By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has recognized the positive obligation of states to provide conditions for the legal recognition of preferred gender in the context of the right to respect for private life. In this regard, the Court emphasized gender identity as an important element of personal identity and an integral part of the transgender person's right to private life. On the other hand, states have kept their margin of appreciation regarding requirements needed for changing gender data in civil registries or in other words legal recognition of preferred gender. After Goodwin case, that has laid foundations for the rights of transgender people to gender identity, further development of this right was set by the decision of the European Court of Human Rights in case A.P., Garçon and Nicot v. France (2017). By this decision, the Court has further narrow the margin of appreciation removing imposing of sterilisation as a requirement for legal gender recognition. Finally, The European Court of Human Rights has taken the position in the latest judgment X and Y. v. Romania (2021) that conditioning legal recognition of preferred gender with surgical interventions of gender reassignment represents breach of the right to respect private life. Thus, the Court further approached Council of Europe Resolution 1728 (2010) according to which states are suggested to remove from the requirements for legal gender recognition the subjection to any medical service of gender reassignment, including hormone therapy. Domestic legislation has retained only hormone therapy as a necessary condition for legal gender reassignment. Although this solution is in accordance with the latest case law of the European Court of Human Rights, another step is needed to make the exercise of the right to gender identity adjusted to the "soft law" of the Council of Europe and the bodies under the auspices of the United Nations.
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Ryan, Sheryl A., et Seth D. Ammerman. « Counseling Parents and Teens About Marijuana Use in the Era of Legalization of Marijuana ». Dans Medical Risks of Marijuana, 58–63. American Academy of Pediatrics, 2017. http://dx.doi.org/10.1542/9781610022767-counseling.
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Many states have recently made significant changes to their legislation making recreational and/or medical marijuana use by adults legal. Although these laws, for the most part, have not targeted the adolescent population, they have created an environment in which marijuana increasingly is seen as acceptable, safe, and therapeutic. This clinical report offers guidance to the practicing pediatrician based on existing evidence and expert opinion/consensus of the American Academy of Pediatrics regarding anticipatory guidance and counseling to teenagers and their parents about marijuana and its use. The recently published technical report provides the detailed evidence and references regarding the research on which the information in this clinical report is based.
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Horsey, Kirsty. « How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics ? » Dans Philosophical Foundations of Medical Law, 253–63. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198796558.003.0018.
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This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.
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Macknight, Elizabeth C. « Residences and gardens ». Dans Nobility and patrimony in modern France. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526120519.003.0007.
Texte intégralRésumé :
The upkeep of aristocratic residences required constant interaction between nobles, stewards, servants and labourers, as well as professional architects and designers. From coastal manor houses to riverside châteaux and alpine villas, these properties regularly needed repair and beautification. Owners dictated when modern conveniences like electric lighting and plumbing were introduced to their homes, how furnishing and art should be selected and arranged, and what kinds of features would characterise the exterior, such as arboreta, fountains, and garden beds. This chapter explains the evolution of French legislation for protecting private residences and gardens showing how nobles responded to an increasingly interventionist State from the founding of the Monuments historiques to key laws passed under the Third Republic.
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Blanc, Guillaume Le. « The Invention of the Dying Person, a new medical norm ? » Dans Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, 21–28. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-21.
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Rohlfing-Dijoux, Stephanie. « The difficult balance between patients’ rights and the liabilities of medical practitioners ». Dans Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom, 93–106. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296777-93.
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Jones, Brad A. « In Defence of the Protestant Religion ». Dans Resisting Independence, 176–204. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501754012.003.0008.
Texte intégralRésumé :
This chapter addresses the Gordon Riots, which revealed a shocking reality: British Protestants had died fighting against their government's attempt to relieve Catholics while their nation was at war with France and Spain. In May of 1778, as Britons rallied to the flag on news of the Franco-American alliance, Parliament passed the English Catholic Relief Act, and proposed similar bills for both Scotland and Ireland. The legislation repealed several longstanding penal laws against Catholic subjects so that they could fight in the expanded war. Like the American response to the Quebec Act four years earlier, the passage of pro-Catholic legislation (especially while the nation was at war with France) convinced many Britons that their government was conspiring to topple the Protestant nation they now so desperately sought to defend. This new war led to new explanations of loyalty and Britishness. Britons continued to depend on traditional fears of Catholic tyranny to make sense of the war, but they also expressed a greater commitment to popular understandings of Protestant Whig liberty.
Actes de conférences sur le sujet "Medical laws and legislation – France"
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Sovova, Olga. « ERA OF DIGITIZATION : RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE ». Dans NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.
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The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.
Rapports d'organisations sur le sujet "Medical laws and legislation – France"
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Lewis, Dustin, Radhika Kapoor et Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism : Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, décembre 2021. http://dx.doi.org/10.54813/uzav2714.
Texte intégralRésumé :
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Usai, Jannet, Zita Ekeocha, Stephen Robert Byrn et Kari L. Clase. Herbal Medicines Registration Process for Zimbabwe Overview of the Process. Purdue University, novembre 2021. http://dx.doi.org/10.5703/1288284317434.
Texte intégralRésumé :
Unregistered traditional medicines pose a huge public health threat as the safety and efficacy of these products is unknown. The issue this study addresses is the inadequate regulatory measures for herbal medicines in Zimbabwe. This project was done to describe the current registration process of traditional medicines in Zimbabwe, and to identify the gaps and opportunities they present to improve the regulatory landscape. Regulations and laws governing the registration of herbal medicines in the country and published research on legislation of herbal medicines were reviewed. Two parallel regulatory bodies both registering and controlling the sale of herbal medicines were identified. The Medicines Control Authority of Zimbabwe (MCAZ) and the Traditional Medical Practitioners Association (TMPA) both derive their authority to regulate from the ministry of health and were established through the act of parliament which gives these authorities power to regulate the quality and sale of traditional medicines without giving a prescriptive way of doing it. The registration process, and product evaluations for the two authorities are different. While the MCAZ has a clearly defined registration process, the TMPA does not. However, MCAZ has not been very successful in registering local products with the majority of the registered herbal products being imports and only 2% of total registered products being local herbs. As a recommendation, there is need for collaboration between the regulatory bodies for consistence in quality of herbal products on the market and to improve registration of local herbal products. Developing monographs for local herbs commonly used in the country will also assist local manufacturer to fulfill the quality requirements and successful compilation of dossiers for product registration.
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Mahdavian, Farnaz. Germany Country Report. University of Stavanger, février 2022. http://dx.doi.org/10.31265/usps.180.
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Germany is a parliamentary democracy (The Federal Government, 2021) with two politically independent levels of 1) Federal (Bund) and 2) State (Länder or Bundesländer), and has a highly differentiated decentralized system of Government and administration (Deutsche Gesellschaft für Internationale Zusammenarbeit, 2021). The 16 states in Germany have their own government and legislations which means the federal authority has the responsibility of formulating policy, and the states are responsible for implementation (Franzke, 2020). The Federal Government supports the states in dealing with extraordinary danger and the Federal Ministry of the Interior (BMI) supports the states' operations with technology, expertise and other services (Federal Ministry of Interior, Building and Community, 2020). Due to the decentralized system of government, the Federal Government does not have the power to impose pandemic emergency measures. In the beginning of the COVID-19 pandemic, in order to slowdown the spread of coronavirus, on 16 March 2020 the federal and state governments attempted to harmonize joint guidelines, however one month later State governments started to act more independently (Franzke & Kuhlmann, 2021). In Germany, health insurance is compulsory and more than 11% of Germany’s GDP goes into healthcare spending (Federal Statistical Office, 2021). Health related policy at the federal level is the primary responsibility of the Federal Ministry of Health. This ministry supervises institutions dealing with higher level of public health including the Federal Institute for Drugs and Medical Devices (BfArM), the Paul-Ehrlich-Institute (PEI), the Robert Koch Institute (RKI) and the Federal Centre for Health Education (Federal Ministry of Health, 2020). The first German National Pandemic Plan (NPP), published in 2005, comprises two parts. Part one, updated in 2017, provides a framework for the pandemic plans of the states and the implementation plans of the municipalities, and part two, updated in 2016, is the scientific part of the National Pandemic Plan (Robert Koch Institut, 2017). The joint Federal-State working group on pandemic planning was established in 2005. A pandemic plan for German citizens abroad was published by the German Foreign Office on its website in 2005 (Robert Koch Institut, 2017). In 2007, the federal and state Governments, under the joint leadership of the Federal Ministry of the Interior and the Federal Ministry of Health, simulated influenza pandemic exercise called LÜKEX 07, and trained cross-states and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007b). In 2017, within the context of the G20, Germany ran a health emergency simulation exercise with representatives from WHO and the World Bank to prepare for future pandemic events (Federal Ministry of Health et al., 2017). By the beginning of the COVID-19 pandemic, on 27 February 2020, a joint crisis team of the Federal Ministry of the Interior (BMI) and the Federal Ministry of Health (BMG) was established (Die Bundesregierung, 2020a). On 4 March 2020 RKI published a Supplement to the National Pandemic Plan for COVID-19 (Robert Koch Institut, 2020d), and on 28 March 2020, a law for the protection of the population in an epidemic situation of national scope (Infektionsschutzgesetz) came into force (Bundesgesundheitsministerium, 2020b). In the first early phase of the COVID-19 pandemic in 2020, Germany managed to slow down the speed of the outbreak but was less successful in dealing with the second phase. Coronavirus-related information and measures were communicated through various platforms including TV, radio, press conferences, federal and state government official homepages, social media and applications. In mid-March 2020, the federal and state governments implemented extensive measures nationwide for pandemic containment. Step by step, social distancing and shutdowns were enforced by all Federal States, involving closing schools, day-cares and kindergartens, pubs, restaurants, shops, prayer services, borders, and imposing a curfew. To support those affected financially by the pandemic, the German Government provided large economic packages (Bundesministerium der Finanzen, 2020). These measures have adopted to the COVID-19 situation and changed over the pandemic. On 22 April 2020, the clinical trial of the corona vaccine was approved by Paul Ehrlich Institute, and in late December 2020, the distribution of vaccination in Germany and all other EU countries