Historical Evolution and Modern Implications of Concepts of Consent to, and Refusal of, Medical Treatment in the Law of Trespass

Mendelson, Danuta

doi:10.2139/ssrn.2509802

Cited by 2 publications

(2 citation statements)

References 130 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…As such, this time also saw a growth in the concepts of self-ownership, autonomy and self-determination. 13 This time, when people began to be perceived as separate individuals, capable of exercising moral judgement, 14 also saw the emergence of the language of the rights of man (as opposed to natural rights). Immanuel Kant, a key enlightenment figure, played a fundamentally important role in this regard.…”

Section: Human Rights Their Origin and Naturementioning

confidence: 99%

Safeguarding Rights to Liberty and Security where People with Disability are Subject to Detention and Restraint: A Rights-based Approach (Part One)

Chandler

White

Willmott

2018

Psychiatry, Psychology and Law

View full text Add to dashboard Cite

This is the first article in a two-part series that establishes a framework for evaluating law as it affects the rights to liberty and security for people with intellectual and cognitive impairments. Such laws include those which permit the detention and use of restrictive practices for 'challenging behaviours' or 'behaviours of concern'. This article begins by examining the nature of rights and in particular those of liberty and security. Both are recognised not only as human rights but also as common law rights. The article then develops a rights-based approach to law that protects these rights. Taking a 'thin' version of the rule of law as the starting point, the approach expands this by adding a requirement to respect not only common law rights but human rights. The rights-based approach then argues for the inclusion of the principle of justice requiring the prioritisation of rights over other policy imperatives and a commitment to equal concern and respect.

show abstract

Section: Human Rights Their Origin and Naturementioning

confidence: 99%

Safeguarding Rights to Liberty and Security where People with Disability are Subject to Detention and Restraint: A Rights-based Approach (Part One)

Chandler

White

Willmott

2018

Psychiatry, Psychology and Law

View full text Add to dashboard Cite

show abstract

“…Consent is understood to serve a number of purposes, namely it: (i) allows a person to make an informed choice about a course of action; 18 (ii) provides an infrastructure for communication between a service provider and service user; (iii) acts as an expression of consent giver autonomy; and (iv) provides a legal defence for an individual in cases of infringement. 19 Consent is enacted in a diverse range of situations, reflected in the fact that a common legal framework for consent does not exist. In the context of e-health and ageing, the most obvious situations are consent for service provision and consent for data processing, bringing together elements of contract law, consumer law and data protection.…”

Section: Informed Consent and 'E-consent'mentioning

confidence: 99%

The ethical and policy implications of e-health and telemedicine: an ageing-focused review

Thompson

Koumanakos²,

Hadjri

2012

Clinical Ethics

View full text Add to dashboard Cite

E-health and telemedicine programmes and systems offer much potential for supporting the health and wellbeing of older people, and are set to be promoted within the changing health-care landscape. This evolving model of technology-centred health care raises a number of ethical and regulatory issues, such as privacy, data protection, online professional practice, consent, accessibility and risk of confinement. Through this review we sought to analyse the European debate on the ethical and policy implications of e-health and telemedicine by identifying key ethical and regulatory issues and considering them against potential policy solutions.

show abstract

Historical Evolution and Modern Implications of Concepts of Consent to, and Refusal of, Medical Treatment in the Law of Trespass

Cited by 2 publications

References 130 publications

Safeguarding Rights to Liberty and Security where People with Disability are Subject to Detention and Restraint: A Rights-based Approach (Part One)

Safeguarding Rights to Liberty and Security where People with Disability are Subject to Detention and Restraint: A Rights-based Approach (Part One)

The ethical and policy implications of e-health and telemedicine: an ageing-focused review

Contact Info

Product

Resources

About