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Nordic Health Law in a European Context
This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region.
The Law and Policy of Healthcare Financing
Examining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares tax-funded Beveridge systems and insurance-based Bismarck systems. Containing contributions from national experts, The Law and Policy of Healthcare Financing charts and compares the merits of healthcare systems throughout 11 countries, from the UK to Colombia.
The Ethical Spirit of EU Law
This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to ...
Medical Law in Norway
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Norway. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics cons...
Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Ar...
The Rights of the Child
How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
Children in Custody Disputes
This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.
Children's Rights in Norway
Norway tops international indexes on children's rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book address this implementation paradox.The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children's rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children's rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway's performance. The book's editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation
Egalitarianism in Scandinavia
This book discusses egalitarianism in Scandinavian countries through historically oriented and empirically based studies on social and political change. The chapters engage with issues related to social class, political conflict, the emergence of the welfare state, public policy, and conceptualizations of equality. Throughout, the contributors discuss and sometimes challenge existing notions of the social and cultural complexity of Scandinavia. For example, how does egalitarianism in these nations differ from other contemporary manifestations of egalitarianism? Is it meaningful to continue to nurture the idea of Scandinavian exceptionalism in an age of economic crises and globalization? The book also proposes that egalitarianism is not merely a relationship between specific, influential enlightenment ideas and patterns of policy, but an aspect of social organization characterized by specific forms of political tension, mobilization, and conflict resolution-as well as emerging cultural values such as individual autonomy.
Child Rights and International Discrimination Law
Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children ́s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United...
