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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 131 to 138 of 138 (0.06 seconds)| 131 |
The right to confidentiality in the context of HIV/AIDSMtunuse, Paul Tobias 02 1900 (has links)
The purpose of this study is to investigate the right to confidentiality in the context of HIV/AIDS through an interdisciplinary lens. This study indicates that whilst confidentiality is important and should be preserved in order to protect persons living with HIV/AIDS against stigmatisation, discrimination and victimisation, this should be balanced by other equally important interests, such as the protection of public health and individual third parties who may be affected by the intentional or negligent infection of others with HIV. As the consideration of the legal issues relating to confidentiality and privacy cannot be divorced from the social context in which HIV/AIDS plays out in South African communities, the study will examine, amongst others, the victimisation, discrimination and stigmatisation experienced by persons living with HIV/AIDS, followed by a critical exploration of the present legal and ethical framework governing privacy and confidentiality, including medical confidentiality, as well as the duty to disclose a positive HIV-status, in the context of HIV/AIDS. Possible limitations on the right to privacy in this context are also examined, which include, amongst others, a consideration of making HIV/AIDS notifiable diseases in South Africa. The study suggests that it is imperative that legal interventions aimed at curbing the spread of HIV will need to be mindful of the unique social, cultural and economic forces that impact on the duty to disclose a positive HIV-status to partners and other affected third parties. Insights gained from philosophical theories relating to Africanism, individualism, communitarianism and utilitarianism are valuable tools in facilitating a clearer understanding of relevant social and cultural factors that keep South African society locked in the present stalemate with regard to the disclosure of HIV status. / Public, Constitutional, & International law / LLD
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論生物醫學人體研究受試者之保護:以告知後同意及相關行政管制為核心 / On the protection of human subjects in biomedical researches:the informed consent and the related administrative regulations林綠紅 Unknown Date (has links)
紐倫堡法典之後，生物醫學研究中人類受試者的處境開始受到關注。為避免受試者遭到濫用，進而保障其權益，國際間陸續頒佈與人體研究受試者保護相關之倫理規範，而各國亦逐步將倫理規範落實為國內法規，作為管制手段。涉及受試者之人體研究倫理規範與法規中，自紐倫堡法典以降，逐步確立以告知後同意以及倫理審查為核心，建立確保受試者自主權之管制機制，作為平衡受試者與研究者兩方在知識與處境上的不平等的關係。
本文以當代生物醫學上告知後同意法則發展，以及人體研究受試者保護之相關行政管制為取徑，首先，考察人體研究所涉及的法律、倫理的爭議，以及相關倫理規範發展。進而探討告知後同意在當代生命倫理與醫療法律之意義、內涵，以及如何實踐於生物醫學人體研究上作為確保受試者自主權之手段及所遭遇之限制。其次，分析並比較美國、荷蘭以及我國受試者保護之法規體系，並進一步討論其特色與優、劣。最後，探討我國人體研究受試者保護法規範之現況與不足，並提出法律修正上的建議。 / Since Nuremberg Code, the biomedical researches involving human subjects, based upon the informed consent and human autonomy, has drawn the increasing public attention. The related normative restrictions as well as legal regulations have been regarded as a significant way to abuse-avoidance and interest-protection on the part of human subjects involved. Thus, it becomes a confirmed tendency that the constitution of normative and legal foundation with a consideration of informed consent and ethico-medical review can ensure the human autonomy and strike a balance between the researchers and human subjects.
In this thesis, we focus on the development of informed consent and the related normative/legal regulations. Several issues which we will deal with can list as follows: firstly, the trajectory and its legal/ethical controversies, with which the biomedical researches involving human subjects develop and revolve, will be clarified, so as to investigate the ethical/legal implications of informed consent and human autonomy. Secondly, by making a comparison of legal regulations among the United States, Holland and Taiwan, we will illustrate the advantages and drawbacks that different legal systems have on the biomedical researches involving human subjects. At the last part of this thesis, several possible suggestions will be provided to the future legislation on the biomedical researches involving human subjects.
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Legal issues relating to the treatment of persons living with cancerMaimela, Charles 06 1900 (has links)
Cancer is regarded as a global disease and one of the leading killer diseases in the
world. The reason why cancer is so widespread and often misunderstood stems from
multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of
persons living with cancer, inadequate or inappropriate treatment provided to patients,
the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with
cancer, as well as the inadequate provision of screening programs to detect cancer at
an early stage.
The combination of these issues raises alarming medico-legal problems that merit
further attention. The thesis will explore the origin, nature, philosophical and clinical
aspects pertaining to cancer, as well as legal issues related to cancer and oncology.
The study will conclude with recommendations aimed at mitigating and addressing the
shortcomings that exist in the medico-legal framework. The study will also draw on a
legal comparison of relevant South African, English and American laws and
regulations. Since this thesis entails focussing on medico-legal principles, the study
will draw on aspects of medical law, labour law, law of contract, law of delict,
constitutional law and criminal law. / Private Law / LL. D.
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The participation of children in HIV/AIDS clinicals trials : ethical and legal considerationsMujinga, Sandrine Mutumba 06 1900 (has links)
This dissertation examines the legal position relating to the participation of children in
research, especially in HIV preventive clinical research in South Africa. HIV/AIDS
presents a real threat to humanity and particularly to the welfare of children. The
participation of children in this type of trials is therefore vital. Children, as vulnerable
participants, must also be protected from harm resulting from research. The study also
considers the nature of HIV preventive clinical research, pointing to the inconsistencies
in the legislation governing children’s participation in HIV preventive vaccine trials. The
dissertation concludes that the question of the participation of children in HIV preventive
clinical research poses many challenges, as the position in the South African law and
relevant ethical guidelines are inconsistent and contradictory. The study recommends in
the final instance that the relevant statutory provisions and ethical guidelines be
harmonised in order to clear up the inconsistencies. / Jurisprudence / LL.M. (Legal Aspects of HIV/AIDS)
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Law, Psychiatry and psychology : a selection of constitutional, medico-legal and liability issuesSwanepoel, Magdaleen 30 June 2009 (has links)
The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.
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The right to confidentiality in the context of HIV/AIDSMtunuse, Paul Tobias 02 1900 (has links)
The purpose of this study is to investigate the right to confidentiality in the context of HIV/AIDS through an interdisciplinary lens. This study indicates that whilst confidentiality is important and should be preserved in order to protect persons living with HIV/AIDS against stigmatisation, discrimination and victimisation, this should be balanced by other equally important interests, such as the protection of public health and individual third parties who may be affected by the intentional or negligent infection of others with HIV. As the consideration of the legal issues relating to confidentiality and privacy cannot be divorced from the social context in which HIV/AIDS plays out in South African communities, the study will examine, amongst others, the victimisation, discrimination and stigmatisation experienced by persons living with HIV/AIDS, followed by a critical exploration of the present legal and ethical framework governing privacy and confidentiality, including medical confidentiality, as well as the duty to disclose a positive HIV-status, in the context of HIV/AIDS. Possible limitations on the right to privacy in this context are also examined, which include, amongst others, a consideration of making HIV/AIDS notifiable diseases in South Africa. The study suggests that it is imperative that legal interventions aimed at curbing the spread of HIV will need to be mindful of the unique social, cultural and economic forces that impact on the duty to disclose a positive HIV-status to partners and other affected third parties. Insights gained from philosophical theories relating to Africanism, individualism, communitarianism and utilitarianism are valuable tools in facilitating a clearer understanding of relevant social and cultural factors that keep South African society locked in the present stalemate with regard to the disclosure of HIV status. / Public, Constitutional, and International law / LLD
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The law of malpractice liability in clinical psychiatry : methodology, foundations and applicationsSteyn, Carel Roché 11 1900 (has links)
As a point of departure in this inherently interdisciplinary
endeavour, the concept "Holistic Multidisciplinary Management"
("HMM") is introduced a.s a macrocosmic adaption of principles of
project management. In line with HMM, a number of submissions
regarding terminology and definitions in the interdisciplinary
context of medicine (and particularly clinical psychiatry) and
law, are made, and the foundations of medical malpractice are
examined.
Building on the various foundations laid, specific types of
conduct that can constitute clinical-psychiatric malpractice, are
addressed. A common theme that emerges in the various contexts
covered, is that the psychiatrist must negotiate various
proverbial tightropes, involving inter alia tensions between
restraint and freedom, excessive and insufficient medication,
becoming too involved and not being involved enough with clients,
as well as client confidentiality and the duty to warn third
parties.
It is concluded that law and medicine. must work harmoniously
together to establish appropriate balance. This can be achieved
only if mutual understanding and integrated functioning are
promoted and translated into practice. / Law / LL.M.
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A critical analysis of the doctor-patient relationship in context of the right to adequate health careKeevy, Daniel Matthew John 28 May 2013 (has links)
The purpose of this thesis is to prove the existence of the right to adequate healthcare through a critical analysis of the law of obligations, constitutional law and international law framed in the wider focal point of South African medical law. The Constitution only makes provision for the right to access to health care. Conclusively this thesis will have to establish a link between a minimum standard in health care and the Constitution. It is submitted that the most efficacious method of establishing this link is with the duty of care, which is intrinsically linked to the doctor-patient relationship. If a critical analysis of the doctor-patient relationship can establish a clear link between the duty of care and state liability then such a link can successfully be applied to the Constitution. If this link is transposed onto the Constitution, a critical evaluation of the rights in the Bill of Rights will then reveal the most applicable right that can house the right to an adequate standard of health care. Such an analysis is only part of the solution however. In order to make this right effective, the international body of medical laws must be critically analysed and juxtaposed against this adequate standard. This carries the dual purpose of adding normative content as well as determining the current state of South Africa’s obligations under international human rights law, and to what extent those obligations have been discharged. Finally, and most significantly, the right to adequate healthcare, as it was forged in the international legal analysis, will be transposed onto the current South African jurisprudence of socio-economic rights. This practical application will then be reflected onto the new National Health Care Insurance to show conclusively that the current governmental approach of effecting health care is wholly inoperable and will ultimately result in significant harm and extensive human rights violations. This is based on the government only considering access to health care sufficient to discharge its duties and being totally incapable of effectively managing its resources. The core outcome for this thesis is to prove the existence of the right to adequate healthcare. Secondary outcomes are tracing the history of medicine to illustrate the creation and evolution of the doctor-patient relationship, a critical analysis of the application of medical ethics to South African law of obligations, a critical analysis of the Constitution and its fundamentals, an exhaustive evaluation of South Africa’s duties and accomplishments under its international obligations and effectively applying the right to adequate healthcare which is diametrically opposed to the current course South Africa is taking to provide health care. / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted
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