Claiming in contract for wrongful conception

Reflects on the contractual approach adopted by the court in ARB v IVF Hammersmith (CA) when considering whether the costs of raising a wrongfully conceived child were recoverable. Discusses claims that a clinic breached an express or implied contractual term to obtain consent to the thawing and implanting of frozen embryos, and criticises the court's extension of tortious principles from earlier case law into a contractual context

Quality and safety of genetic testing in Australia and New Zealand: a review of the current regulatory framework

This paper provides an overview of the regulation of quality assurance for genetic testing in Australia and New Zealand and outlines the steps currently being taken to critically appraise and improve the regulatory framework in each country. It aims to contextualize this framework within the broader context of quality and patient safety concerns; and to draw together the concerns and recommendations of the various organizations that have been working to improve quality assurance in this area

Defending Henrietta Lacks: Justification of Ownership Rights in Separated Human Body Parts

Since the time of Moore v. Regents of the University of California, it has become a well-established and widespread view that a person, when their separated body parts are misappropriated, is forced to limit themselves to fiduciary and other non-proprietary claims against those who violate the bodily inviolability of their separated parts. Now, with the filing of a lawsuit in defense of the rights in body parts of the victim of racial discrimination, Henrietta Lacks, the judicial system has an opportunity to justify itself by adopting a different perception of rights in human body parts. This Article focuses on the fundamental similarity between separated human body parts and other property, which creates a basic possibility for them to be owned. It argues that a person has ownership of their separated body parts and provides a critical analysis of other theories of rights in the human body, which results in establishing that the concepts that do not refer to the right of ownership entail infringement of human rights and the inability to restore their interests to the fullest extent. Only a clear adherence to the idea of ownership in body parts will protect the memory of the deceased Mrs. Lacks and prevent her rights and those of her descendants from being trampled upon, while at the same time opening the way and setting a precedent for the protection of the rights of others in a similar situation

Resolving disagreement: a multi-jurisdictional comparative analysis of disputes about children’s medical care

Recently, the English courts have dealt with a number high-profile, emotive disputes over the care of very ill children, including Charlie Gard, Alfie Evans, and Tafida Raqeeb. It is perhaps fair to say such cases have become a regular feature of the courts in England. But is the situation similar in other jurisdictions? If not, are there lessons to be learned from these jurisdictions that do not seem to need to call on judges to resolve these otherwise intractable disputes? We argue that many of the differences we see between jurisdictions derive from cultural and social differences manifesting in both the legal rules in place, and how the various parties interact with, and defer to, one another. We further argue that while recourse to the courts is undesirable in many ways, it is also indicative of a society that permits difference of views and provides for these differences to be considered in a public manner following clear procedural and precedential rules. These are the hallmarks of a liberal democracy that allows for pluralism of values, while still remaining committed to protecting the most vulnerable parties in these disputes-children facing life-limiting conditions

Plagium: "An Archaic and Anomalous Crime"

Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as 'mere things' under Scots law. Examines the history of the crime of plagium and looks at how it is connected to the Scottish notion of 'property'

Plagium : an archaic and anomalous crime

Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as 'mere things' under Scots law. Examines the history of the crime of plagium and looks at how it is connected to the Scottish notion of 'property'

Pater knows best: withdrawal of medical treatment from infants in Scotland.

The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This article considers these differences in light of the possibility that a similar case might soon be called before the Scottish courts. The Court of Session would then be required to consider whether to utilise its parens patriae jurisdiction to consent to the withdrawal of treatment as if it were the parent of the infant. The operation of this jurisdiction is such that the outcome of any Scottish case cannot be said to be certain, as the Scottish courts are bound to pay more heed to parental autonomy than their English counterparts do

Privacy, Identity and Security

This paper examines the relationship between security, surveillance, privacy and identity, both in the context of legislation such as the Anti-terrorism Act and the PATRIOT Act, and also in the light of ongoing changes in how that personal information is gathered, processed and used. It is argued that prevailing notions of privacy — and the legal frameworks that aim to protect privacy interests — are ill-suited to defending individuals from an increasingly sophisticated array of surveillance and data processing techniques, which enable information to be acquired and shared at almost zero-cost and which threaten to establish the ‘categorical identity’ as the primary means by which we are known — to the state and, more disturbingly, to each other

Let Us Talk about Eggs! Professional Resistance to Elective Egg Vitrification and Gendered Medical Paternalism

In this paper, by applying a feminist bioethical perspective, we identify a new form of medical paternalism that still shapes contemporary legal policies on human egg cryopreservation performed without medical reasons. The fear of negligent, careless women who opt to delay their pregnancy for mere convenience is a widely known gender biased stereotype. Nevertheless, the opinions and judgments of medical professionals on this issue have not yet been sufficiently explored by in-depth research. In this essay, therefore, first we look at the broader bioethical, legal, and social aspects of human egg cryopreservation. In the second part of the paper we discuss a unique qualitative study conducted with professionals working at Hungarian IVF clinics. We argue, based on a bioethical analysis of the collected data, that when new reproduction technologies provide opportunities for women to widen their range of reproductive choices, the traditional forms of medical paternalism can be reinforced by gendered paternalism, as well. We identify several elements of gendered paternalism that characterized the attitudes of the IVF staff and discuss the professionals’ resistance to elective egg freezing and vitrification of eggs for the future (EVF). We conclude by suggesting directions for future policy. Although we focus on the Hungarian case in this paper, we are aware that similar attitudes can be observed in some other countries where this technology has become available and requested by women, but where they also face difficulties in their access to it