Prior Consent to International Satellite Broadcasting
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 25, Heft 3, S. 357-360
ISSN: 0506-7286
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In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 25, Heft 3, S. 357-360
ISSN: 0506-7286
In: Bioethics, Band 33, Heft 9, S. 1065-1071
SSRN
In: Columbia journal of transnational law, Band 24, Heft 1, S. 1
ISSN: 0010-1931
In: International journal / Canadian Institute of International Affairs, Band 42, Heft 2, S. 342-363
ISSN: 2052-465X
In: International journal / Canadian Institute of International Affairs, Band 42, Heft 2, S. 342-363
ISSN: 0020-7020
World Affairs Online
In: GRUR international: Journal of European and International IP Law, Band 71, Heft 12, S. 1167-1184
ISSN: 2632-8550
Penciclovirw
Scientific advances enable to retrieve and use gametes of a deceased person, thereby creating a child after the death of a genetic parent. This article reviews and compares legislation governing posthumous reproduction in the United States, the United Kingdom, Australia, and Israel. It shows that each country has its own distinctive features, yet three common elements exist—legal ambiguity, a requirement for prior consent, and permission for the partner, but not the parents, to retrieve and use the deceased's gametes. The article demonstrates that courts often do not follow the legal requirements, and thus there are no clear guiding principles regarding posthumous reproduction. The article then discusses three justifications for permitting posthumous reproduction in the absence of the deceased's prior consent. The first justification relates to an interest in 'genetic continuity', which reflects people's desire in leaving a 'piece' of themselves in the world and maintaining a chain of continuity. The second justification concerns the 'respect-for-wishes' model of autonomy, according to which people must be treated in a way that we assume they would want to be treated. The third justification touches upon the interests of the deceased's partner and parents, as well as of the resulting child.
BASE
In: Journal of Law and the Biosciences, Volume 5, Issue 2, 1 August 2018, Pages 329–354, Doi: 10.1093/jlb/lsy017
SSRN
In: http://www.biomedcentral.com/1472-6963/3/21
Abstract Background A survey was carried out in the Grampian region of Scotland with a random sample of 10,000 adults registered with a General Practitioner in Grampian. The study complied with new legislation requiring a two-stage approach to identify and recruit participants, and examined the implications of this for response rates, non-response bias and speed of response. Methods A two-stage survey was carried out consistent with new confidentiality guidelines. Individuals were contacted by post and asked by the Director of Public Health to consent to receive a postal or electronic questionnaire about communicating their views to the NHS. Those who consented were then sent questionnaires. Response rates at both stages were measured. Results 25% of people returned signed consent forms and were invited to complete questionnaires. Respondents at the consent stage were more likely to be female (odds ratio (OR) response rate of women compared to men = 1.5, 95% CI 1.4, 1.7), less likely to live in deprived postal areas (OR = 0.59, 95% CI 0.45, 0.78) and more likely to be older (OR for people born in 1930–39 compared to people born in 1970–79 = 2.82, 95% CI 2.36, 3.37). 80% of people who were invited to complete questionnaires returned them. Response rates were higher among older age groups. The overall response rate to the survey was 20%, relative to the original number approached for consent (1951/10000). Conclusion The requirement of a separate, prior consent stage may significantly reduce overall survey response rates and necessitate the use of substantially larger initial samples for population surveys. It may also exacerbate non-response bias with respect to demographic variables.
BASE
In: Harvard international review, Band 35, Heft 3, S. 48-52
ISSN: 0739-1854
In: Notat paper / Norsk Utenrikspolitisk Institutt, 464
World Affairs Online
In: Christina Binder, Manfred Nowak, Jane A Hofbauer, Philipp Janig (eds), Elgar Encyclopedia of Human Rights (2022, Forthcoming)
SSRN
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 38, Heft 1, S. 71
ISSN: 1741-6191