Thesis (doctoral)--Universität, Wien, 2000.

Please read the abstract (Summary) in the section 21backb of this document / Thesis (LLD (Private Law))--University of Pretoria, 2007. / Private Law / LLD / unrestricted

Freiburg im Breisgau, Univ., Diss., 2006.

Wrongful birth and wrongful life actions are one of the current issues of civil law associated with the area of health care. Generally speaking they are actions for damages for a birth of an unwanted child brought by parents or a child itself. At the moment, there is a small number of wrongful birth cases in the Czech Republic, but more of them are to be expected in front of the Czech courts because of patient's autonomy and new methods in the human reproduction field. The topic of this thesis is very controversial due to collision legal, moral and ethical issues. Crucial question of the whole problem is whether the birth of an unwanted child (or an unwanted life) can be considered as damage. Since the explicit regulation does not usually exist, the courts' decisions play irreplaceable role nowadays. The aim of this thesis is to try to answer the question whether these actions can be brought and heard before the courts in the Czech Republic and whether damages should be awarded on this ground. The first chapter focuses on the explanation of the essence of wrongful birth and wrongful life cases and their division into the specific categories. The second chapter concentrates on the legislation in the Czech Republic regarding wrongful birth actions. It is necessary to consider constitutional rights...

Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth Abstract In this thesis, the author tries to give a comprehensive view of the issue of civil liability of health care facilities, or doctors, which arises as a result of non lege artis procedure in performing procedures and providing services that negatively affect human reproduction. In such cases, the persons concerned have the opportunity to defend themselves by means of actions for which the name wrongful birth and wrongful life has been adopted almost all over the world. In the first part of this thesis, the author discusses the most commonly used methods that help to affect human reproduction, and also gives examples of incorrect procedures in their provision. These may very often result in the filing of the above-mentioned lawsuits. At the same time, the author gives a basic description of wrongful birth and wrongful life lawsuits and a list of the main reasons, pros and cons of their approval and further recognition. The second part is devoted to the legislation in the Czech Republic. The author deals with the regulation of human rights, which are often affected only in the provision of health services, as well as the regulation of liability in general. Another part then focuses mainly...

Thesis (LL.M.)--University of Toronto, 2009. / Source: Masters Abstracts International, Volume: 48-02, page: .

Diss. Rechtswiss. Fak. Rheinische Friedrich-Wilhelms-Univ. Bonn, 1997.

Master-Arbeit Univ. St. Gallen, 2006.

in the English language Title: A theoretical conception of liability for harm caused by the birth of a man In many legal orders a new types of legal actions have appeared (in relation to the development of new methods of diagnosing congenital diseases). In these types of legal actions the claimant seeks damages for the negligence of the doctor in performing these tests. These claims are referred to as "wrongful birth", "wrongful conception", and "wrongful abortion". The "wrongful life" claim is most commonly used in a situation where while performing prenatal screening the doctor does not diagnose the existing congenital disease and therefore fails to give the parents an essential piece of information, which might have made the parents decide to abort the fetus. The claimant in this case is the child itself, who substantiates the claim by arguing it should have never been born. The "wrongful birth" claim arises from the same situation, but the claimants are the parents of the child. They claim damages for the emotional pain and increased expences related to giving birth and raising a disabled child. In the case of the "wrongful conception" claim, the most common reason for using this action is a negligently performed sterilization procedure. The "wrongful abortion" claim can be used in a situation...

Subjects designated by the neologism 'disability' typically experience various forms of marginality, discrimination and inequality. The response by social scientists and professionals engaged in social policy and service delivery has been to combat the 'disability problem' by way of implementing anti-discrimination protections and various other compensatory initiatives. More recently, with the development of biological and techno-sciences such as 'new genetics', nanotechnologies and cyborgs the solution to 'disability' management has been in the form of utilizing technologies of early detection, eradication or at best, technologies of mitigation. Contemporary discourses of disablement displace and disconnect discussion away from the 'heart of the problem', namely, matters ontological. Disability - based marginality is assumed to emerge from a set of pre-existing conditions (i.e. in the case of biomedicalisation, deficiency inheres in the individual, whilst in the Social Model disablement is created by a capitalist superstructure). The Great Divide takes an alternative approach to studying 'the problem of disability' by proposing that the neologism 'disability' is in fact created by and used to generate notions and epistemologies of 'ableism'. Whilst epistemologies of disablement are well researched, there is a paucity of research related to the workings of ableism. The focal concerns of The Great Divide relate to matters of ordering, disorder and constitutional compartmentalization between the normal and pathological and the ways that discourses about wholeness, health, enhancement and perfection produce notions of impairment. A central argument of this dissertation figures the production of disability as part of the tussle over ordering, emerging from a desire to create order from an assumed disorder; resulting in a flimsy but often unconvincing attempt to shore up so-called optimal ontologies and disperse outlaw ontologies. The Great Divide examines ways 'disability' rubs up against, mingles with and provokes other seemingly unrelated concepts such as wellness, ableness, perfection, competency, causation, productivity and use value. The scaffolding of the dissertation directs the reader to selected sites that produce epistemologies of disability and ableism, namely the writing of 'history' and Judeo-Christian renderings of Disability. It explores the nuances of ableism (including a case study of wrongful life torts in law) and the phenomenon of internalized ableism as experienced by many disabled people. The study of liberalism and the government of government are explored in terms of enumeration, the science of 'counting cripples' and the battles over defining 'disability' in law and social policy. Additionally another axis of ableism is explored through the study of a number of perfecting technologies and the way in which these technologies mediate what it means to be 'human' (normalcy), morphs/simulates 'normalcy' and the leakiness of 'disability'. This analysis charts the invention of forearms transplantation (a la Clint Hallam), the Cochlear implant and transhumanism. The Great Divide concludes with an inversion of the ableist gaze(s) by proposing an ethic of affirmation, a desiring ontology of impairment.