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xvii | |
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Introduction: Human Rights in Healthcare |
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1 | (16) |
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Sources of Human Rights Law |
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4 | (8) |
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International Human Rights Treaties |
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4 | (3) |
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The British Constitution and Common Law Rights |
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7 | (2) |
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The Human Rights Act 1998 |
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9 | (3) |
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The Human Rights Relevant to Medical Law |
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12 | (5) |
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12 | (1) |
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13 | (1) |
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14 | (1) |
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15 | (1) |
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Recommended Further Reading |
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15 | (2) |
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A Right to Treatment? The Allocation of Resources in the National Health Service |
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17 | (20) |
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Rights, Health and Resources |
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17 | (10) |
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17 | (3) |
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The Ministerial Duty to Promote a Comprehensive and Free Health Service |
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20 | (3) |
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Ethical Issues in Resource Allocation |
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23 | (4) |
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The General Rule: No Right to Treatment |
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27 | (2) |
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Procedural Aspects of a Right to Treatment |
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29 | (4) |
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29 | (1) |
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30 | (3) |
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A Right to Basic Life-Sustaining Treatment? |
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33 | (3) |
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36 | (1) |
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Recommended Further Reading |
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36 | (1) |
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Ensuring Quality Healthcare: An Issue of Rights or Duties? |
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37 | (22) |
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The Doctor-Patient Relationship |
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37 | (2) |
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The Legal Requirements of Negligence |
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39 | (14) |
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Establishing a Duty of Care |
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39 | (2) |
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Proving that the Doctor has Breached his Duty of Care |
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41 | (6) |
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The Final Hurdle: Did the Breach Cause the Harm? |
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47 | (6) |
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53 | (1) |
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Non-fault Compensation: Escaping the Blame Culture |
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53 | (3) |
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56 | (3) |
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Recommended further reading |
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57 | (2) |
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Autonomy and Consent to Medical Treatment |
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59 | (32) |
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Autonomy, Consent and Choices |
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59 | (6) |
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Autonomy: The Ethical Principle |
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59 | (2) |
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Autonomy: The Legal Principle |
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61 | (4) |
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65 | (7) |
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65 | (3) |
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68 | (4) |
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72 | (7) |
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72 | (3) |
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The Capacity Test in Practice |
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75 | (4) |
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79 | (10) |
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The Meaning of Informed Consent |
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79 | (1) |
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The Legal Consequences of a Failure to Inform of Risks |
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80 | (2) |
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The Doctor's Standard of Care |
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82 | (5) |
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87 | (2) |
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89 | (2) |
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Recommended Further Reading |
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90 | (1) |
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Treating Incompetent Patients: Beneficence, Welfare and Rights |
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91 | (28) |
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The Principle of Beneficence and Conflicting Rights |
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91 | (3) |
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94 | (12) |
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94 | (4) |
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98 | (2) |
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100 | (4) |
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Best Interests on a Statutory Footing |
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104 | (2) |
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106 | (10) |
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Decision-making under the MCA |
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106 | (2) |
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Conflict Between Parents and Doctors |
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108 | (3) |
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Conflicts between Mature Minors and Parents or Doctors |
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111 | (5) |
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116 | (3) |
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Recommended Further Reading |
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117 | (2) |
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Medical Confidentiality And The Right To Privacy |
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119 | (20) |
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Rights to Privacy and Confidentiality in the Medical Context |
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119 | (7) |
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The Concept of a Right to Privacy |
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119 | (2) |
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The Protection of Privacy in English Law |
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121 | (3) |
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Confidentiality and Privacy in the Medical Context |
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124 | (2) |
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Exceptions to the Duty of Confidentiality: Balancing Privacy Against Other Public Interests |
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126 | (10) |
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126 | (2) |
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128 | (2) |
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130 | (1) |
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131 | (3) |
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Anonymised Data for Research and Other Purposes |
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134 | (2) |
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136 | (3) |
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Recommended Further Reading |
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137 | (2) |
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Property Rights in the Body |
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139 | (20) |
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The Theory of Self-Ownership and the Role of Rights |
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139 | (4) |
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Property Rights in Human Material taken from Living Persons |
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143 | (4) |
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Property Rights and Dead Bodies |
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147 | (10) |
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The No Property Rule and Its Exceptions |
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147 | (3) |
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150 | (4) |
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The Human Tissue Act 2004 |
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154 | (1) |
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Shortage of Organs for Transplant |
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155 | (2) |
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157 | (2) |
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Recommended further reading |
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157 | (2) |
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Medically Assisted Conception and a Right to Reproduce? |
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159 | (22) |
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The Origins of a Right to Reproduce |
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160 | (4) |
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Access to Treatment: A Right to Reproduce in Practice? |
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164 | (9) |
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Conflicting Interests I: Welfare of the Child |
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165 | (2) |
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Conflicting Interests II: Consent of Gamete Donors |
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167 | (3) |
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Conflicting Interests III: Parties to a Surrogacy Arrangement |
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170 | (3) |
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Conflicting Interests IV: Interests of Society |
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173 | (1) |
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Assigning Parentage: Giving Legal Recognition to the Right to Reproduce? |
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173 | (4) |
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174 | (1) |
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175 | (2) |
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A Right to Reproduce a Healthy Child? Selection of Embryos |
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177 | (1) |
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178 | (3) |
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Recommended Further Reading |
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179 | (2) |
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Termination of Pregnancy: A Conflict of Rights |
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181 | (22) |
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181 | (9) |
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A Right to Life for the Fetus? |
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181 | (3) |
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The Ethical Background to the Right to Life Debate |
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184 | (3) |
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187 | (3) |
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190 | (7) |
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A Right to Choose for the Mother? |
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190 | (2) |
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The Mother's Rights in English Law |
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192 | (5) |
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197 | (2) |
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The Medical Professionals |
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199 | (2) |
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201 | (2) |
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Recommended Further Reading |
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202 | (1) |
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Pregnancy and Freedom of Choice |
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203 | (24) |
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Refusal of Medical Treatment During Pregnancy |
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203 | (9) |
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Freedom of Choice and the Pregnant Woman |
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203 | (5) |
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Competency during Pregnancy |
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208 | (4) |
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Preventing Pre-natal Harm |
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212 | (6) |
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212 | (2) |
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214 | (4) |
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Wrongful Conception and Birth: Financial Recompense for an Unwanted Pregnancy? |
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218 | (6) |
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The Nature of Wrongful Conception and Wrongful Birth Claims |
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219 | (1) |
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Is a Child Always a Blessing? Reasons for Denying Compensation for an Unwanted Pregnancy |
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220 | (3) |
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223 | (1) |
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224 | (3) |
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Recommended Further Reading |
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225 | (2) |
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The Right to Life at the End of Life |
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227 | (26) |
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The Right to Life in Context |
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227 | (6) |
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The Right to Life in Article 2 ECHR |
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227 | (2) |
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The Boundaries of the Right to Life: Defining Death |
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229 | (2) |
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The Sanctity of Human Life |
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231 | (2) |
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233 | (9) |
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234 | (1) |
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235 | (3) |
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Is Artificial Feeding a Form of Medical Treatment? |
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238 | (1) |
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Is Withdrawing Treatment an Act or an Omission (and does it matter)? |
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239 | (3) |
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Conclusion: The Bland Principles |
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242 | (1) |
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The Bland Principles in Practice |
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242 | (6) |
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The Beginning of a Slippery Slope? |
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242 | (2) |
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Duty to Provide ANH to Competent Patients |
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244 | (1) |
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The Bland Principles in a Human Rights Age |
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245 | (3) |
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Equal Rights to Life: The Conjoined Twins Case |
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248 | (3) |
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251 | (2) |
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Recommended Further Reading: |
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251 | (2) |
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The Law and Ethics of Assisted Dying: Is There a Right to Die? |
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253 | (22) |
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The Criminal Law Prohibition on Assisted Dying |
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253 | (6) |
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Life and Death: A Right to Die as a Corollary of a Right to Life? |
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259 | (2) |
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A Right to Die with Dignity? |
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261 | (3) |
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Autonomy, Private Life and Death |
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264 | (7) |
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The Right to Respect for Private Decisions about Dying |
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264 | (1) |
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Proportionate State Interference: Protecting the Rights of the Vulnerable |
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265 | (6) |
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Discrimination of the Disabled: Suicide versus Assisted Suicide |
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271 | (1) |
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272 | (3) |
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Recommended Further Reading |
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274 | (1) |
| Bibliography |
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275 | (8) |
| Index |
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283 | |
Rohkem infot Hart e-raamatute kohta