Human Rights and Healthcare
About this book
Human Rights and Healthcare looks at medical law from a human rights perspective. Almost all issues traditionally taught under a "medical law" label have significant human rights issues inherent within them. This book is unique in bringing those human rights implications to the fore. The rights at issue include established fundamental rights such as the right to life; the right to respect for a private life; and the right to physical integrity, as well as more controversial "rights" such as a "right to reproduce" and a "right to die". The human rights perspective of this book enables new light to be cast upon familiar medico-legal cases and issues. As such the book provides a genuine merging of human rights law and medical law and will be of value to all students and academics studying medical law, as well as to those interested in the broader issues raised by the growing human rights culture within the UK and worldwide.
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Information
Table of contents
- Acknowledgements
- Contents
- Table of Cases
- Table of Legislation
- 1Introduction: Human Rights inHealthcare
- I. Sources of Human Rights Law
- II. The Human Rights Relevant to Medical Law
- Recommended Further Reading
- 2A Right to Treatment? The Allocationof Resources in the National HealthService
- I. Rights, Health and Resources
- II. The General Rule: No Right to Treatment
- III. Procedural Aspects of a Right to Treatment
- IV. A Right to Basic Life-Sustaining Treatment?
- V. Conclusion
- Recommended Further Reading
- 3Ensuring Quality Healthcare: AnIssue of Rights or Duties?
- I. The Doctor-Patient Relationship
- II. The Legal Requirements of Negligence
- III. Non-fault Compensation: Escaping theBlame Culture
- IV. Conclusion
- Recommended further reading
- 4Autonomy and Consent to MedicalTreatment
- I. Autonomy, Consent and Choices
- II. The Nature of Consent
- III. Competent Consent
- IV. Informed Consent
- V. Conclusion
- Recommended Further Reading
- 5Treating Incompetent Patients:Beneficence,Welfare and Rights
- I. The Principle of Beneficence andConflicting Rights
- II. The Best Interests Test
- III. Who Decides?
- IV. Conclusion
- Recommended Further Reading
- 6Medical Confidentiality And TheRight To Privacy
- I. Rights to Privacy and Confidentiality in theMedical Context
- II. Exceptions to the Duty of Confidentiality:Balancing Privacy Against Other Public Interests
- III. Conclusion
- Recommended Further Reading
- 7Property Rights in the Body
- I. The Theory of Self-Ownership and theRole of Rights
- II. Property Rights in Human Material taken fromLiving Persons
- III. Property Rights and Dead Bodies
- IV. Conclusion
- Recommended further reading
- 8Medically Assisted Conception and aRight to Reproduce?
- I. The Origins of a Right to Reproduce
- II. Access to Treatment: A Right to Reproducein Practice?
- III. Assigning Parentage: Giving Legal Recognition tothe Right to Reproduce?
- IV. A Right to Reproduce a Healthy Child? Selectionof Embryos
- V. Conclusion
- Recommended Further Reading
- 9Termination of Pregnancy: A Conflictof Rights
- I. The Fetus
- II. The Mother
- III. The Father
- IV. The Medical Professionals
- V. Conclusion
- Recommended Further Reading
- 10Pregnancy and Freedom of Choice
- I. Refusal of Medical Treatment During Pregnancy
- II. Preventing Pre-natal Harm
- III. Wrongful Conception and Birth: FinancialRecompense for an Unwanted Pregnancy?
- IV. Conclusion
- Recommended Further Reading
- 11The Right to Life at the End of Life
- I. The Right to Life in Context
- II. The Bland Principles
- III. The Bland Principles in Practice
- IV. Equal Rights to Life: The Conjoined Twins Case
- V. Conclusion
- Recommended Further Reading:
- 12The Law and Ethics of AssistedDying: Is There a Right to Die?
- I. The Criminal Law Prohibition on Assisted Dying
- II. Life and Death: A Right to Die as a Corollary of aRight to Life?
- III. A Right to Die with Dignity?
- IV. Autonomy, Private Life and Death
- V. Discrimination of the Disabled: Suicide versusAssisted Suicide
- VI. Conclusion
- Recommended Further Reading
- Bibliography
- Index
