Judging Bioethics and Human Rights

@article{Murphy2017JudgingBA,
  title={Judging Bioethics and Human Rights},
  author={T. Murphy},
  journal={Queen's University Belfast School of Law Legal Studies Research Paper Series},
  year={2017}
}
  • T. Murphy
  • Published 1 December 2017
  • Sociology
  • Queen's University Belfast School of Law Legal Studies Research Paper Series
This chapter examines the ART case-law of the European Court of Human Rights in an attempt to generate fresh conversation concerning the "legal" and the "bioethical". 
2 Citations
Health and Human Rights’ Past
  • T. Murphy
  • Medicine
    Health and human rights
  • 2019
TLDR
To be able to look forward, lawyers within the health and human rights movement need to do more looking back, and histories that are open to the ebb and flow of particular international human rights law norms and approaches as they have come into being and crisscrossed the United Nations and beyond are prescribed.
Parenthood and Cross-Border Surrogacy: What Is ‘New’? The ECtHR’s First Advisory Opinion
  • A. Margaria
  • Political Science, Medicine
    Medical law review
  • 2020
TLDR
This article focuses on and examines a particularly decisive stage in the Mennessons’ crusade to justice: the Advisory Opinion delivered by the European Court of Human Rights on the issue of recognition in domestic law of the legal relationship between a child born through gestational surrogacy abroad and the intended mother.

References

SHOWING 1-10 OF 48 REFERENCES
Bioethics in the language of the law.
  • C. Schneider
  • Sociology, Medicine
    The Hastings Center report
  • 1994
Law provides a rich language for thinking about bioethical issues and is a tool for action as well as talk. But the language of the law, often inapt, regularly fails to achieve its desired effect.
TO PROHIBIT OR PERMIT: WHAT IS THE (HUMAN) RIGHTS RESPONSE TO THE PRACTICE OF INTERNATIONAL COMMERCIAL SURROGACY?
  • J. Tobin
  • Political Science
    International and Comparative Law Quarterly
  • 2014
Abstract The rapid expansion of international commercial surrogacy arrangements has created serious ethical and legal dilemmas with respect to the nationality and parentage of children conceived
New Malaise: Bioethics and Human Rights in the Global Era
  • P. Farmer, Nicole G. Campos
  • Political Science, Medicine
    The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics
  • 2004
TLDR
A new focus on equity and human rights in bioethics is called for, concerning itself primarily with issues that only affect affluent countries.
The Oxford handbook of bioethics
PART 1: THEORETICAL AND METHODOLOGICAL ISSUES PART 2: JUSTICE AND POLICY PART 3: BODIES AND BODILY PARTS PART 4: THE END OF LIFE PART 5: REPRODUCTION AND CLONING PART 6: GENETICS AND ENHANCEMENT PART
Caring Autonomy: European Human Rights Law and the Challenge of Individualism
Introduction 1. Choosing autonomy 2. What informs the ECtHR? The origins of the concept of individual autonomy 3. Expressions of individual autonomy 4. Autonomy, individualisation and the emergence
Evans v United Kingdom: What Implications for the Jurisprudence of Pregnancy?
The recent case of Evans v United Kingdom1 documents a personal tragedy for Natallie Evans and an unenviable moral dilemma for her former partner, Howard Johnston, but for lawyers and academic
Self-contained Bioethics and the Politics of Legal Prohibition
Law and bioethics have traditionally expressed an elective affinity. Bioethics has often spoken “in the language of the law,” or at least in a pidgin that the law can easily understand, and
The consequences of S.H. and Others v. Austria for legislation on gamete donation in Europe: an ethical analysis of the European Court of Human Rights judgments.
TLDR
It is concluded that legal diversity and cross-border reproductive care will persist and that the court failed to protect European patients from arbitrary interference with their right to procreation.
The Pluralism of Human Rights Adjudication
This chapter forms the introductory chapter of a recently published collection concerned with the adjudication of human rights in domestic courts. The book is primarily about judicial reasoning in
Human Dignity and Judicial Interpretation of Human Rights
The Universal Declaration on Human Rights was pivotal in popularizing the use of ‘dignity’ or ‘human dignity’ in human rights discourse. This article argues that the use of ‘dignity’, beyond a basic
...
1
2
3
4
5
...