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Author: Michelle Weldon-Johns Publisher: Routledge ISBN: 0429879997 Category : Law Languages : en Pages : 191
Book Description
The numbers of women undergoing Assisted Reproduction Technology (ART) treatments have risen steadily, yet they remain largely outside the scope of equality and employment law protection while undergoing treatment. Assisted Reproduction, Discrimination, and the Law examines this gap in UK law, with reference to EU law as appropriate, and argues that new conceptions of equality are necessary. Drawing from the literature on multidimensional and intersectional discrimination, it is argued that an intersectionality approach offers a more useful analytical framework to extend protection to those engaged in ART treatments. Drawing from Schiek’s intersectional nodes model, the book critically examines two alternative interpretations of existing protected characteristics, namely infertility as a disability, with reference to the social model of disability and the UN Convention on the Rights of Persons with Disabilities 2006, and redefining the boundaries of pregnancy and/or sex discrimination, with reference to attempts to extend associative discrimination to pregnancy. Comparisons are drawn with the US, where infertility has been recognised as a disability under the American’s with Disabilities Act 1990 and as a pregnancy-related condition under the Pregnancy Discrimination Act 1978. A specific right to paid time off work to undergo treatment is also proposed, drawing comparisons with the US Family and Medical Leave Act 1993 and the existing UK work-family rights framework. It is argued that the reinterpretations of equality law and the rights proposed here are not only conceptually possible, but could practically be achieved with minor, but significant, amendments to existing legislation.
Author: Michelle Weldon-Johns Publisher: Routledge ISBN: 0429879997 Category : Law Languages : en Pages : 191
Book Description
The numbers of women undergoing Assisted Reproduction Technology (ART) treatments have risen steadily, yet they remain largely outside the scope of equality and employment law protection while undergoing treatment. Assisted Reproduction, Discrimination, and the Law examines this gap in UK law, with reference to EU law as appropriate, and argues that new conceptions of equality are necessary. Drawing from the literature on multidimensional and intersectional discrimination, it is argued that an intersectionality approach offers a more useful analytical framework to extend protection to those engaged in ART treatments. Drawing from Schiek’s intersectional nodes model, the book critically examines two alternative interpretations of existing protected characteristics, namely infertility as a disability, with reference to the social model of disability and the UN Convention on the Rights of Persons with Disabilities 2006, and redefining the boundaries of pregnancy and/or sex discrimination, with reference to attempts to extend associative discrimination to pregnancy. Comparisons are drawn with the US, where infertility has been recognised as a disability under the American’s with Disabilities Act 1990 and as a pregnancy-related condition under the Pregnancy Discrimination Act 1978. A specific right to paid time off work to undergo treatment is also proposed, drawing comparisons with the US Family and Medical Leave Act 1993 and the existing UK work-family rights framework. It is argued that the reinterpretations of equality law and the rights proposed here are not only conceptually possible, but could practically be achieved with minor, but significant, amendments to existing legislation.
Author: Jennifer Merchant Publisher: Berghahn Books ISBN: 1789204321 Category : Medical Languages : en Pages : 242
Book Description
Despite France and Belgium sharing and interacting constantly with similar culinary tastes, music and pop culture, access to Assisted Reproductive Technologies are strikingly different. Discrimination written into French law acutely contrasts with non-discriminatory access to ART in Belgium. The contributors of this volume are social scientists from France, Belgium, England and the United States, representing different disciplines: law, political science, philosophy, sociology and anthropology. Each author has attempted, through the prism of their specialties, to demonstrate and analyse how and why this striking difference in access to ART exists.
Author: Susan L. Crockin Publisher: Johns Hopkins University Press ISBN: 9780801893889 Category : Medical Languages : en Pages : 0
Book Description
Written by a medical and a legal pioneer in the field, this book comprehensively reviews and analyzes the evolving law and policy issues surrounding assisted reproductive technologies. Dr. Howard W. Jones, Jr., founder of the first in vitro fertilization program in the United States, offers medical commentary, while attorney Susan L. Crockin, author of the column "Legally Speaking" in ASRM News (the newsletter of the American Society for Reproductive Medicine), provides legal analysis. The book opens with a legal primer and timelines sketching the medical and legal milestones in the history of reproductive technology and law. Each chapter provides a case-by-case discussion of the relevant law, as well as cogent medical and legal commentary and analysis on a particular substantive area. Chapter topics deal with a vast array of issues, including artificial insemination, sperm and egg donation, traditional and gestational surrogacy, posthumous reproduction, same-sex parentage, genetics, cryopreservation and embryo litigation, discrimination and access to reproductive care, professional liability, stem cell research, and abortion. In discussing the medical and legal issues surrounding these topics, Crockin and Jones reveal what has gone right and what at times has gone terribly wrong for both the families and the professionals involved. They make clear that technological advancements have far outpaced the laws and policies in place to protect all who use them. This book makes a timely contribution to current debates over the legal and policy issues raised by the highly publicized birth of octuplets in California and the embryo legislation activity taking place in many states. It offers information and insight to policymakers, medical and legal professionals, patients and other participants, and everyone else interested in the history and future direction of the field.
Author: Stephen Wilkinson Publisher: Oxford University Press ISBN: 0199273960 Category : Philosophy Languages : en Pages : 274
Book Description
To what extent should parents be allowed to use reproductive technologies to determine the characteristics of their future children? Is there something morally wrong with choosing what their sex will be, or with trying to 'screen out' as much disease and disability as possible before birth? This book offers answers to such questions.
Author: David Orentlicher Publisher: Oxford University Press ISBN: 0190846771 Category : Law Languages : en Pages : 1135
Book Description
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.
Author: D. Kelly Weisberg Publisher: Aspen Publishing ISBN: 1543822347 Category : Law Languages : en Pages : 1056
Book Description
Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Seventh Edition of Modern Family Law: Cases and Materials provides a lens to explore the appropriate role of the state in family decision making and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexualities, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBT-headed families, the nonmarital family, abortion, adoption, and assisted reproductive technology. New to the Seventh Edition: The latest Supreme Court family law cases (Whole Woman’s Health v. Hellerstedt; Masterpiece Cakeshop; Pavan v. Smith; Sessions v. Morales-Santana), and previews of upcoming cases (June Medical Services v. Gee and Bostock v. Clayton County) In-depth coverage of important recent uniform and model legislation (Uniform Parentage Act (2017); Uniform Nonparent Custody and Visitation Act (2018); pending VAWA Reauthorization Act (2020), ALI Restatement of Children and the Law (2019-2020), and ABA Model Act Governing Assisted Reproduction (2019) Landmark recent state and federal decisions (including LGBT rights, breastfeeding discrimination/accommodations, contraceptive fraud, divorce discrimination, marital paternity presumption, marital communications privilege, abortion restrictions, minors’ abortion rights, name disputes, challenges to state polygamy laws, parentage rights in multi-parent families, spousal spying for infidelity, and much more) Professors and students will benefit from: A mix of “classic” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life and Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions
Author: Mohammed Ali Al-Bar Publisher: Springer ISBN: 3319184288 Category : Medical Languages : en Pages : 267
Book Description
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Author: Judith Daar Publisher: Yale University Press ISBN: 0300229038 Category : Law Languages : en Pages : 284
Book Description
A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement Eugenics, the effort to improve the human species by inhibiting reproduction of “inferior” genetic strains, ultimately came to be regarded as the great shame of the Progressive movement. Judith Daar, a prominent expert on the intersection of law and medicine, argues that current attitudes toward the potential users of modern assisted reproductive technologies threaten to replicate eugenics’ same discriminatory practices. In this book, Daar asserts how barriers that block certain people’s access to reproductive technologies are often founded on biases rooted in notions of class, race, and marital status. As a result, poor, minority, unmarried, disabled, and LGBT individuals are denied technologies available to well-off nonminority heterosexual applicants. An original argument on a highly emotional and important issue, this work offers a surprising departure from more familiar arguments on the issue as it warns physicians, government agencies, and the general public against repeating the mistakes of the past.
Author: Rebecca J. Cook Publisher: ISBN: Category : CANADA. ROYAL COMMISSION ON NEW REPRODUCTIVE TECHNOLOGIES. Languages : en Pages : 32
Book Description
The International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Covenant on the Elimination of All Forms of Discrimination Against Women all contain certain principles which Canada, as a party to these treaties, is obligated to respect. This paper identifies those substantive rights which may be applicable to the area of new reproductive technologies, and suggests avenues for research to determine their implications for what legislatures may do within the terms and spirit of the conventions by which Canada is bound. The right to life; to liberty and security; to marry and found a family; to private and family life; to information and education; to reproductive health and health care; to the benefits of scientific progress; and to sexual non-discrimination, may all have relevance to the field of new reproductive technologies.
Author: Judith Daar Publisher: Yale University Press ISBN: 030013715X Category : Law Languages : en Pages : 284
Book Description
A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement Eugenics, the effort to improve the human species by inhibiting reproduction of "inferior" genetic strains, ultimately came to be regarded as the great shame of the Progressive movement. Judith Daar, a prominent expert on the intersection of law and medicine, argues that current attitudes toward the potential users of modern assisted reproductive technologies threaten to replicate eugenics' same discriminatory practices. In this book, Daar asserts how barriers that block certain people's access to reproductive technologies are often founded on biases rooted in notions of class, race, and marital status. As a result, poor, minority, unmarried, disabled, and LGBT individuals are denied technologies available to well-off nonminority heterosexual applicants. An original argument on a highly emotional and important issue, this work offers a surprising departure from more familiar arguments on the issue as it warns physicians, government agencies, and the general public against repeating the mistakes of the past.
Author: Michelle Weldon-Johns
Author: Michelle Weldon-Johns
Author: Jennifer Merchant
Author: Susan L. Crockin
Author: Stephen Wilkinson
Author: David Orentlicher
Author: D. Kelly Weisberg
Author: Mohammed Ali Al-Bar
Author: Judith Daar
Author: Rebecca J. Cook
Author: Judith Daar