Medical Law

The Discourse of Biorights: European Perspectives

Edited by Jose-Antonio Seoane · Oscar Vergara
Springer International October 2024

Specifications

ISBN-13
9783031668036
Publisher
Springer International
Publication
October 2024
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book provides answers to the questions that biomedical and biotechnological research has posed to our societies by proposing the introduction of biorights. It shows how bioscience affects our individual and social lives by discussing and answering important questions such as; Are we becoming more vulnerable and unable to protect ourselves? How can we ensure fairness and justice with regards to the access to health care? Are human dignity, autonomy and equality at risk? Do we need new and special rights: neurorights, genetic rights? What is the meaning and scope of the right to life, health, privacy or non-discrimination? Biorights are the suggested solution for dealing with these challenges. Healthcare professionals, bio-researchers, policy makers, scholars, and citizens will, in this book, find a guide to knowing how bioscience affects our lives. Furthermore, this book provides a comprehensive method for biomedical and biotechnological decision-making that comprises human or basic rights dimensions alongside technical and ethical dimensions.

Table of Contents

Chapter 1. A rights-based theory for health justice (Jose-Antonio Seoane)
Chapter 2. On the possibility of a bioethics based on fundamental rights (Tomas de Domingo Perez)
Chapter 3. Social determinants of health and the indivisibility of social justice (Encarnacion Fernandez-Ruiz-Galvez)
Chapter 4. Vulnerability: at the Source of Biolaw (Claudio Sartea)
Chapter 5. The Issue of Bodily Rights Alienation (Noelia Martinez-Doallo)
Chapter 6. Rethinking with Onora ONeill the Kantian Concept of Autonomy in Biolaw (Maria Jesus Vazquez Lobeiras)
Chapter 7. Autonomy and Advance Care Planning in Liquid Times of Brain Activity: The Sound of Silence (Joaquim Gomes)
Chapter 8. Artificial Intelligence and Neurorights: Lessons learned for a Future Global Regulation (Daniel Garcia San Jose)
Chapter 9. Protecting My Mind. Cognitive Liberty, Commons and Neurorights (Paolo Sommaggio)
Chapter 10. From therapy to enhancement: ethical and legal issues about neurotechnologies in the EU framework of human rights (Silvia Salardi)
Chapter 11. Gestational Surrogacy, Private Life and the European Court of Human Rights Case Law (Alfonso Ballesteros)
Chapter 12. Gestational surrogacy as a new right. a narrative approach (Oscar Vergara)
Chapter 13. Ritual Circumcisions of Minors: Civil and Criminal Perspectives in Spanish Law (Agustin Motilla)
Chapter 14. Broadening conscience: Altruism, Civil disobedience, or (positive) conscientious objection against migrant healthcare exclusion? (Rosana Trivino Caballero)
Chapter 15. Cross-border healthcare: the Spanish implementation of the Directive 2011/24/UE (Ana Maria Marcos del Cano)
Chapter 16. Comparative review of national regulatory frameworks in the context of secondary use of data for research across Europe (Olga Tzortzatou-Nanopoulou)
Chapter 17. Privacy, Big Data and eHealth profiling in European Law: Rights & Wrongs (Leonor Teixeira)
Chapter 18. Euthanasia and assisted suicide: The public provision of death as a new bio-right? (Carolina Pereira-Saez)
Chapter 19. Biorights at the end of life. Achievements and open questions in the Italian context (Patrizia Borsellino)
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