Elizabeth Wicks - Böcker

The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to life and, in particular, assesses the weight of conflicting interests which could and/or should serve to override the right. This contemporary study of the right to life focuses on the legal, as well as ethical, issues raised by the value of life in modern day society. It seeks to analyse the development, meaning and value of the fundamental human right to life in the context of its conflicts with other competing interests. The book begins with an overview of the right to life in which the concept of life itself is first analysed, before both the right and its legal protection and enforcement are subjected to historical, philosophical and comparative analysis. The remainder of the book identifies, and assesses the merits of, various competing interests. These comprise armed conflict; prevention of crime; rights of others; autonomy; quality of life; and finite resources. The right to life is unusual in having potential application to so many of today's ethically controversial questions. This new work investigates specific topics of current political, legal and ethical concern such as the right to life during international conflicts, the role of lethal force in law enforcement, the death penalty, the right to life of a foetus in the context of legalised abortion, and the significance of quality of life and autonomy issues in respect of euthanasia and assisted suicide.

The UK’s engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK’s international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg.The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state’s intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill’s harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.

This book investigates the law’s approach to suicide in England and Wales. It explores the seismic shift in perceptions of the law’s role in respect of suicide from imprisonment as a punishment for attempting suicide, to courts hearing arguments about whether there is not only a right to suicide but also a right to assistance in suicide. This development stands alongside a global recognition of suicide prevention as a public health priority. In this book, the dual priorities of respect for autonomy and the protection of human life are recognised as equally important and the legal issues surrounding suicide in a range of different contemporary contexts, including suicide in prison and juvenile suicide, are considered. The book also investigates what the relationship between mental health and suicide means for its legal regulation, and evaluates the enduring legal offence of assisted suicide, particularly in the context of the terminally ill. It is argued that a more refined approach to the topic of voluntary death should be recognised in the law; one that distinguishes more clearly between autonomous decision-making about the end of life, and incapacitated self-caused risks to life that require effective preventative interventions.

This book investigates the law’s approach to suicide in England and Wales. It explores the seismic shift in perceptions of the law’s role in respect of suicide from imprisonment as a punishment for attempting suicide, to courts hearing arguments about whether there is not only a right to suicide but also a right to assistance in suicide. This development stands alongside a global recognition of suicide prevention as a public health priority. In this book, the dual priorities of respect for autonomy and the protection of human life are recognised as equally important and the legal issues surrounding suicide in a range of different contemporary contexts, including suicide in prison and juvenile suicide, are considered. The book also investigates what the relationship between mental health and suicide means for its legal regulation, and evaluates the enduring legal offence of assisted suicide, particularly in the context of the terminally ill. It is argued that a more refined approach to the topic of voluntary death should be recognised in the law; one that distinguishes more clearly between autonomous decision-making about the end of life, and incapacitated self-caused risks to life that require effective preventative interventions.

This Research Handbook examines the many ways in which health engages human rights law. It also explores current debates which challenge traditional perspectives of rights and identifies potential new directions in which human rights law might venture, including the legal status of medical devices, a human right to medicines and conscientious objections to assisted dying.Elizabeth Wicks and Nataly Papadopoulou bring together renowned experts who pose important questions about the limits of human rights, and the law more broadly, as new threats and opportunities related to health emerge. The Research Handbook adopts a forward-looking perspective in which contributing authors challenge the status quo and seek to identify key future challenges for which new directions of human rights law can play a crucial, positive role in the betterment of health and health care provision. Chapters examine contemporary issues of concern such as health rights for migrants, assisted dying, surrogacy and abortion, access to health care for older persons and the need to protect landscapes for health.This Research Handbook is a vital tool for students and scholars of human rights law and health law. Its forward-thinking approach to both the role of human rights and the conceptualisation of health will also greatly benefit practising lawyers and legal policymakers seeking to reform the field.

This new work casts light upon the British constitution of today by means of an in-depth consideration of eight key moments in British constitutional history. The historical perspective adopted in this book facilitates an informed and contextual understanding of the intricacies of the contemporary British constitution. Indeed the book is based upon the premise that it is impossible to fully comprehend the nature, content and implications of today's constitution without a firm grasp on how it evolved into its present form. Each of the eight main chapters focuses upon a different event in constitutional history which has contributed certain principles or practices to the modern day constitution, and explains how these principles or practices evolved and highlights their modern day significance. Historical events covered include the 1688 Glorious Revolution, the 1707 Union between England and Scotland, the 1911 Parliament Act and the 1972 European Communities Act.

Human Rights and Healthcare looks at medical law from a human rights perspective. Almost all issues traditionally taught under a "medical law" label have significant human rights issues inherent within them. This book is unique in bringing those human rights implications to the fore. The rights at issue include established fundamental rights such as the right to life; the right to respect for a private life; and the right to physical integrity, as well as more controversial "rights" such as a "right to reproduce" and a "right to die". The human rights perspective of this book enables new light to be cast upon familiar medico-legal cases and issues. As such the book provides a genuine merging of human rights law and medical law and will be of value to all students and academics studying medical law, as well as to those interested in the broader issues raised by the growing human rights culture within the UK and worldwide.

This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state’s intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill’s harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.