European journal of health law
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Current international legal instruments recognise the use of advance directives to carry on the will of the dementing research participant beyond the boundaries of her present legal capacity. Advance directives are gaining greater recognition in patient care than in medical research, where their legal status is still somewhat unclear. In particular, the three major international documents on medical research - the Council of Europe Convention on Biomedicine and Human Rights (ETS 164), its Additional Protocol on Biomedical Research (ETS 195), and Directive 2001/20/EC on Clinical Trials on Medicinal Products--give conflicting messages on the legal status of advance directives in medical research. This article examines the provisions in these documents and their national applications in Finland and the United Kingdom.
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The care for patients with dementia raises many legal (and ethical) issues. This article explores some of the more important topics, i.e. (early) diagnosis of the disease, the availability and provision of care, treatment and non treatment decisions, and medical research with dementia patients.
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After the turbulent years 2002, 2003 and 2004 the Belgian health law seems to have reached calmer water. Indeed, after a quiet 2005, 2006 does not seem to have much to offer either. ⋯ There is a growing uneasiness with two important pieces of legislation that have been approved by Parliament in 2002: the act on euthanasia and the act on the rights of patients. This has resulted in debates and discussions that may finally lead to new legislation in the coming years.