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Cover Mason and McCall Smith's Law and Medical Ethics

15. Contraception and Abortion  

A. M. Farrell and E. S. Dove

This chapter discusses ethical and legal aspects of controlling fertility and birth. It begins by addressing the highly contested concept of personhood, before turning to consider varying forms of contraception, including contragestation and sterilisation (with a focus on non-consensual sterilisation of individuals judged to lack capacity). The chapter then considers the termination of pregnancy (including approaches across the UK and Ireland, and looking at how the law has evolved with regard to abortion), the position of the non-gestational parent, and the use of conscientious objection by care givers. The chapter concludes with a discussion on foetal research and experimentation, and foetal materials.

Chapter

Cover Medical Law

14. Abortion  

This chapter examines the law on abortion, beginning with debates over the moral legitimacy of abortion. It then examines the current legal position, and considers how the Abortion Act 1967, as amended, works in practice, as well as considering the prospects for law reform. Finally, the chapter looks briefly at the regulation of abortion in Northern Ireland, Ireland, and the United States.

Chapter

Cover Medical Law and Ethics

8. Contraception, Abortion, and Pregnancy  

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the fetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.

Chapter

Cover Essential Cases: EU Law

Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Medical Law Concentrate

5. Abortion and prenatal harm  

This chapter is concerned with the statutory provisions governing abortion and prenatal harm. It considers the offence of abortion under sections 58 and 59 of the Offences against the Person Act 1861 and section 1(1) of the Infant Life (Preservation) Act 1929 and the defences available prior to the Abortion Act 1967. It discusses the ethical debates concerning abortion, exploring ‘right-to-life’ arguments and rights of parties such as the foetus and the father. It also looks at the court’s approach towards adult women who lack capacity, before concluding with an analysis of actions for prenatal harm, namely, wrongful birth, wrongful conception, prenatal injury, and wrongful life. Relevant cases are cited.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

9. The Control of Fertility and Child Birth  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses ethical and legal aspects of controlling fertility and birth. It addresses the highly contested concept of personhood, as well as contraception, contragestation, sterilisation, and termination of pregnancy, and the increasing use of conscientious objection by care givers.

Book

Cover Medical Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Medical Law: Text, Cases, and Materials offers exactly what the title says—all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic. Key case extracts provide the legal context, facts, and background; extracts from materials, including from the most groundbreaking writers of today, provide differing ethical perspectives and outline current debates; and the author’s insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Chapters cover all of the topics commonly found on medical law courses, including a separate chapter on mental health law. This new edition, thoroughly updated, includes: coverage of important new cases in all chapters; the COVID-19 pandemic and its implications; the government’s White Paper on reform of the Mental Health Act; changes to the regulation of clinical trials and medicines in the UK as a result of Brexit; the change in the law on organ donation, which brought in an opt-out system in 2020; expanded coverage of data sharing and mobile technologies; changes to the law on abortion in Northern Ireland and the Republic of Ireland; proposals set out in the Law Commissions’ consultation on reform of the law on surrogacy; and the most recent Assisted Dying Bill in England.

Book

Cover Medical Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.

Book

Cover Mason and McCall Smith's Law and Medical Ethics

Anne-Maree Farrell and Edward S. Dove

This classic textbook, now in its 40th year, focuses on medical law and its relationship with medical ethics and practice. It provides thorough coverage of key topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. The textbook covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses. It presents a diversity of views in ethical debates, provides analysis of significant new cases and key legislative developments, and encourages students to explore and form their own opinions on contested issues in medical law. It adopts a UK-wide approach to the examination of medical law, taking account of the impact of devolution and Brexit, as well as the influence of international policy and legal developments in shaping medical law in the UK. Among other updates to this edition include brand new ethics chapters that introduce students to concepts, theories, and tools that frame interpretation and analysis of medical law, as well as new or revised chapters in the governance of the UK health system, public health, the regulation of health and social care professionals, and mental health.

Book

Cover Human Rights Law Directions
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to explain clearly and concisely the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights law for the first time. This fifth edition has been fully updated with key developments in human rights law, including: discussion, in so far as information allows, of proposed reform of the legal protection of human rights in the United Kingdom, post-‘Brexit’; the ECtHR case law on unlawful rendition; deportation and human rights; the impact of human rights on warfare and the condition of British troops abroad; the impact of Article 8 on abortion and assisted suicide; concerns over surveillance and communications data; the impact of human rights law on controversies over religious dress (such as the burqa ban in France); and possible infringements of rights by the legal response to Coronavirus.

Chapter

Cover Human Rights Law Directions

15. Article 8: right to respect for private and family life  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 8. Article 8 is concerned with matters that are considered personal, over which individuals are sovereign, and with which the state should not interfere. In its first paragraph, it recognises ‘private life’, ‘family life’, ‘home’, and ‘correspondence’ as the general concepts in terms of which this sphere of the personal is to be protected under the European Convention on Human Rights. These terms are defined and discussed in the chapter. The second paragraph presents the general legal conditions that must be satisfied before such interference can be considered justified and compatible with the Convention. Much of the chapter is concerned with the application of Article 8 to various situations such as surveillance, the environment, deportation, abortion, and euthanasia. Article 8 is also invoked in respect of important and controversial matters such as the situation of transgendered persons and the duties of states towards homosexual families.