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Globally, millions of people suffer health and socio-economic related problems due to the unavailability of controlled essential medicines such as morphine for pain treatment, which leaves them in disabling and sometimes degrading situations. Controlled essential medicines are medicines included in the World Health Organization's List of Essential Medicines, and whose active substance is listed under the international drug-control treaties. Their availability and accessibility therefore fall within the remit of both human rights and international drug-control law. Even though the unavailability of controlled essential medicines is generally caused by a multifaceted and complex interplay of factors, the current international drug-control framework paradoxically hinders rather than fosters the access to medicines. Human Rights and Drug Control analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resource-constrained countries. Its approach goes beyond the more conventional legal analysis and includes an ethical analysis as well as two case studies in Uganda and Latvia. It first aims to identify a human rights foundation of drug control by examining how human rights norms would balance the underlying tension: some controlled substances have a clear, evidence-based medical benefit, yet also have the potential to be misused, which may lead to dependency disorders. This makes it evident that States should regulate this delicate equilibrium, the challenge being how they can do so legitimately in light of human rights norms. Having explored this premise in the context of human rights law and theory, this book then applies these findings to Uganda and Latvia, - two 'best practice' countries - when it comes to improving the accessibility of morphine for pain treatment. Relying on qualitative research methods, the study explores whether the human rights basis of drug-control regulation may be adequately integrated into the structures of the present international drug-control system. It specifically deals with various technical, administrative and procedural obligations relating to the import/export and retail trade of controlled medicines. The book concludes with a proposal on how a human rights approach to drug-control may be advanced, specifically highlighting the importance of reconciling international obligations with the local reality in which these obligations come into play.
Medical law --- Human rights --- Hygiene. Public health. Protection --- Drugs --- Médicaments --- Drogues --- Narcotic laws --- Medical law and ethics --- Médecine --- Droits de l'homme --- Accès aux médicaments --- Law and legislation --- Droit --- Medical laws and legislation --- Medical ethics --- Droits de l'homme. --- Droit. --- Ouganda --- Lettonie --- Human rights. --- Narcotic laws. --- Drug control. --- Law and legislation.
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Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
Informed consent (Medical law) --- Consent, Informed --- Consent to treatment --- Disclosure, Medical --- Medical disclosure --- Treatment, Consent to --- Consent (Law) --- Medical ethics --- Medical personnel --- Patient education --- Involuntary treatment --- Patient refusal of treatment --- Malpractice --- Medical law and ethics --- Social ethics --- Professional ethics. Deontology --- Medical law --- Law --- General and Others --- Informed consent (Medical law) - England --- Droit médical --- Royaume-Uni
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"A homicide committed by a mentally disordered person who is under the care of health service professionals is a shocking event. Otherwise known as a 'patient homicide', these incidents are followed by an investigation into the care and treatment received by the perpetrator. These investigations are often regarded as a way to 'learn lessons', establish accountability and provide catharsis to families and the public. The book argues however that patient homicide events and the circumstances in which they occur are communicated about within closed systems of life (eg law, medicine). These systems operate according to unique internal logics. The communications produced by these systems, nevertheless, resonate in society and enable a diverse and complex space of governance to emerge - a space of governance in which universal understandings about patient homicides, health care, public safety and risk are unachievable."
Mentally ill offenders --- Homicide --- Insanity (Law) --- Murderers --- Law --- Medical Law and Ethics --- Socio-Legal Studies --- Social aspects --- Mental health --- Luhmann, Niklas, --- Influence. --- Homicide offenders --- Killers (Murderers) --- Murder offenders --- Criminals --- Criminal insanity --- Insanity --- Insanity (Jurisprudence) --- Lunacy (Law) --- Mental illness --- Mentally ill --- Capacity and disability --- Insanity defense --- Femicide --- Offenses against the person --- Violent deaths --- Law and legislation --- Legal status, laws, etc. --- Murderers - Mental health - Great Britain --- Mentally ill offenders - Great Britain --- Homicide - Great Britain --- Insanity (Law) - Social aspects - Great Britain --- Luhmann, Niklas, - 1927-1998 - Influence --- Luhmann, Niklas, - 1927-1998
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