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No / This paper begins by recalling that advances in neuroscience were used for hostile purposes, for example, in the development of lethal nerve gasses, in the last century, and it is argued that in the kinds of asymmetric warfare likely to characterize coming decades, such advances could again be utilized to develop novel weapons. The paper then suggests that the idea that the problem is that bioterrorists will immediately be able to design and use advanced biological and chemical weapons is misguided and that the real question is how the wholesale militarization of the life sciences can be prevented. It is in that context that the paper examines the dangers of misuse that could arise from some current developments in neuroscience. It is argued, for example, that benignly intended civil work on transcranial magnetic stimulation (TMS) and brain-computer interfaces (BCIs) has to be understood in the context of modern military interests in data collection and analysis from drones and the probable development of autonomously acting systems. The difficulties that such novel weapon-related developments will cause for our present understanding of morality and international law are reviewed, and finally, it is suggested that neuroscientists trying to adjust their concepts of responsible conduct in these circumstances will need the help of neuroethicists.

Title from title page of PDF (University of Missouri--St. Louis, viewed March 9, 2010). Includes bibliographical references (p. 52-61).

published_or_final_version / Community Medicine / Master / Master of Public Health

- CRIMINAL LIABILITY IN MEDICAL LAW The purpose of my thesis is to analyse criminal liability of healthcare professionals and paramedical staff. The thesis is composed of seven chapters. The first chapter is introductory and reveals my objections. Chapter Two provides definition of liability in general. Furthermore, civil, administrative, disciplinary and employee's liability are discussed and compared to criminal liability. The aim is to explain differences and similarities of individual liabilities and to clarify that criminal liability serves as a last resort (the ultima ratio principle). Chapter Three explains requirements for criminal liability. Especially, criminal offence, unlawfulness and defences are discussed and compared to the Dutch regulation. Chapter Four concentrates on criminal liability of natural persons. The first part of this chapter is about offender; the minimum age for criminal responsibility and sanity are examined. The second part lists and describes some major crimes. Chapter Five looks at The Criminal Liability of Legal Persons Act. Besides, liberation from the criminal liability of legal persons is discussed. The Chapter recommends preventive and reactive measures to be adopted by health care institutions. The topic of the Sixth Chapter is the termination of life on...

Protection of personal data in the course of rendering health care SUMMARY Medical treatment is based on trust. Patients coming to the medical facility often share details about their personal lives that could potentially embarrass or dishonour them and eventually discourage them from getting medical treatment at all. That is why patients seeking medical help need to know that those to whom they confide in are willing to keep the information private and discreet. This thesis will address the protection of personal data in the healthcare area and its main purpose is to provide complex analysis of the relevant legal framework, especially in the light of the recently passed legislation. Protection of personal data in the healthcare are is governed by two pieces of legislation - The Data Protection Act and The Healthcare Act. These statutes present main instruments by which the protection of patients' information is provided. The first part of the thesis examines the general principles of the data protection as they are outlined by the Data Protection Act. It also looks at the key terms of data protection, such as personal data, sensitive data, data subjects and processing and examines the role of the Data Protection Office. Second part the thesis deals with the duty of confidentiality and its personal,...

The purpose of my thesis is to analyse criminal aspects of the relationship between a doctor and an patient. The reason for my research is that I think this topic does not recive enough attention in Czech republic as it deserves. The thesis is composed of five chapters, each of them dealing with different aspects of doctors criminal lability. I dedicated m attention only to doctors criminal lability, not to the criminal liability of patient. Chapter One is introductory and defines basic terminology used in the thesis as types of lability, basic aspects of relatinship between doctor and patient, medical experiment, specific aspects of criminal lability in medicine and another terminology which is often used in medical law. The chapter is devided in nine parts. Chapter Two is dedicated to crimes which are usually committed by doctors practising their profession. The chapter is divided five parts, using the same system and order as in czech Penal Code. Chapter Three is subdivided in two parts. Part one is dedicated to euthanasia and legal problems which are united with euthanasia. Chapter three examines relevant czech legislation and problems in czech legislation united with euthanasia. This part of chapter also deals with advantages and disadvantages of euthanasia. Part two is dedicated to assisted...

86 Abstract - Transplantation Act: ethical and legal aspects. Theory and practice in the Czech Republic in comparison to the legal regulation in Germany Transplantations and related issues form an important part of medical law which is constantly developing. Currently it is a widely debated topic because there is lack of organs for donation, thus current supply can't satisfy all the demanding donees. It is a problem where the ethic, legal, medical and economic factors meet so there is no easy solution for majority of difficulties associated with transplantations. This diploma thesis focuses on contemporary legislation of organ and tissue donation and transplantations in Czech Republic which is mainly based on transplantation law and several legally binding international agreements. The aim of the thesis is a comprehensive evaluation of the current legislation and its comparison with the same legal branch in Germany. The work will also point out some of the shortcomings associated with the transplantation law and proposal of possible solution. Thanks to the comparison the thesis comes to a conclusion that the Czech transplantation law is relatively of high quality, but there are still imperfections which haven't been erased even by the approved amendatory act. However with relation to the German...

Exclusionary clauses in South Africa have thus far been interpreted narrowly by the South African Courts. It has been accepted that where a patient enters into a medical contract/agreement with a hospital that includes a clause excluding the hospital and its employees from any form of liability whether negligently or not, the patient has no form of recourse against the hospital for any damages caused except that caused by gross negligence; the hospital will be absolved of any form of liability. The term caveat subscriptor applies – “let the signer be aware” that he/she is bound by the agreement signed by him/her whether or not it was read and understood. The leading case in South Africa dealing with exclusionary clauses in medical contracts is Afrox Healthcare Limited v Strydom. Since that decision the Consumer Protection Act has came into existence. My research question involves determining the impact an exclusionary clause would have, when analysed in terms of the provisions of the Consumer Protection Act with particular reference to its applicability and enforcement in medical/hospital contracts. The Afrox case has in itself been a controversial decision, with many legal writers of the opinion that the principles laid down by the case need to be overturned as the judgement is not in line with public policy. It is argued that with the Consumer Protection Act in place, it can be assumed that exclusionary clauses in medical/hospital will no longer be valid. The Act is a step in the right direction towards patient/consumer protection and awareness. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

The practice of torture is an affront to human dignity. Freedom from torture is an absolute human right. Laws that violated human rights and entrenched racial divisions characterized the apartheid era in South Africa. However, the transition from a repressive state to a democratic one, gave “birth” to a Constitution characterized by fundamental human rights, social justice and open democratic societal values. In order to have any real meaning, the human rights enshrined in the Constitution and various National and International instruments, needs to be realized in everyday life. These rights are valuable in that they provide the tools to empower victims, or rather, survivors of torture and other cruel, inhuman and degrading treatment. A Criminal Justice System that focuses on victims’ rights and empowerment has the ability to transform the current maze that one must navigate to access justice. In keeping with its obligations as a signatory in 1984 to the UN Convention against Torture, South Africa has 29 years later, in 2013, passed in its parliament the first Legislative Act creating the specific offence of torture. This paper critically appraises the current state of legislative and other provisions in the light of South Africa’s position against torture and analyses its fresh new law with the objective of establishing how effective these measures will be and what future recommendations are required for reinforcing its prevention. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.