Building on the general understanding of medical law gained while studying Medicine and the Law 1, this module will give students insight into 2 particular areas of medical law: end of life issues and reproductive health.
The first part of this module will be dedicated to end/of/life issues. Students will be introduced to the law on active voluntary euthanasia and the role of the doctrine of double effect in this context. The English and Welsh position will be contrasted with that in the Netherlands. Developments in the law on assisted suicide in England and Wales will be examined in depth, with an emphasis on the important cases of Pretty, Purdy and Nicklinson, the CPS guidelines on the prosecution of assisted suicide 2010, and the Assisted Dying Bill 2015. Other topics of discussion will be advance directives in which an individual refuses life-sustaining medical treatment, in particular the legal framework of the Mental Capacity Act 2005 and some problems with its application in practice. It will also analysed under what circumstances end-of life decisions can be made on behalf of incompetent patients. Should, for example, persons who are in a permanent coma receive life support until they die of their illnesses, or can treatment be stopped at some point, even if this means that their lives will be shortened? If so, according to which criteria? And who should make such decisions?
The second part of the module will be dedicated to an introduction to some selected issues in the context of reproductive rights. First, we will discuss the law and ethics of abortion, including questions such as the legal status of the fetus and the rights of the father. This will be followed by an examination of issues around assisted reproduction. After an introduction to the main techniques for alleviating infertility, to the legislative framework of the Human Fertilisation and Embryology Act 1990 and the changes brought about by the Human Fertilisation and Embryology Act 2008, the criteria according to which access to fertility treatment should be made available will be discussed. The role of consent in the context of fertility treatment will be explored, in particular with regard to the use of sperm and embryos created in vitro. Other issues to be addressed are that of pre-implantation diagnosis and the contentious issue of saviour siblings; how to regulate maternity and paternity in the context of assisted reproduction.
Aims and Objectives
The objectives of the module are:
To provide students with the necessary foundations of knowledge so that the Learning Outcomes listed below are met
To develop the capacity of students for critical analysis and to encourage independent research and reasoned argumentation.
The first part of this module will be dedicated to end/of/life issues. Students will be introduced to the law on active voluntary euthanasia and the role of the doctrine of double effect in this context. The English and Welsh position will be contrasted with that in the Netherlands. Developments in the law on assisted suicide in England and Wales will be examined in depth, with an emphasis on the important cases of Pretty, Purdy and Nicklinson, the CPS guidelines on the prosecution of assisted suicide 2010, and the Assisted Dying Bill 2015. Other topics of discussion will be advance directives in which an individual refuses life-sustaining medical treatment, in particular the legal framework of the Mental Capacity Act 2005 and some problems with its application in practice. It will also analysed under what circumstances end-of life decisions can be made on behalf of incompetent patients. Should, for example, persons who are in a permanent coma receive life support until they die of their illnesses, or can treatment be stopped at some point, even if this means that their lives will be shortened? If so, according to which criteria? And who should make such decisions?
The second part of the module will be dedicated to an introduction to some selected issues in the context of reproductive rights. First, we will discuss the law and ethics of abortion, including questions such as the legal status of the fetus and the rights of the father. This will be followed by an examination of issues around assisted reproduction. After an introduction to the main techniques for alleviating infertility, to the legislative framework of the Human Fertilisation and Embryology Act 1990 and the changes brought about by the Human Fertilisation and Embryology Act 2008, the criteria according to which access to fertility treatment should be made available will be discussed. The role of consent in the context of fertility treatment will be explored, in particular with regard to the use of sperm and embryos created in vitro. Other issues to be addressed are that of pre-implantation diagnosis and the contentious issue of saviour siblings; how to regulate maternity and paternity in the context of assisted reproduction.
Aims and Objectives
The objectives of the module are:
To provide students with the necessary foundations of knowledge so that the Learning Outcomes listed below are met
To develop the capacity of students for critical analysis and to encourage independent research and reasoned argumentation.
- Module Supervisor: Sabine Michalowski