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홈 > 간행물 권호
  • 발행기관: 이화여자대학교 생명의료법연구소
  • 간행물:
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Asia Pacific Journal of Health Law & Ethics(Asia Pacific Journal of Health Law & Ethics)

  • 발행기관 : 이화여자대학교 생명의료법연구소(Ewha Institute for Biomedical Law & Ethics)
  • 출처구분 : 학회
  • 간행물유형 : 학술저널
  • 발행주기 : 연 3회간 (발행월:3,7,11)
  • ISSN : 2635-4063
Asia Pacific Journal of Health Law & Ethics
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Just Healthcare in an Aging Society: The Need for a Human Flourishing-Based Understanding
Just Healthcare in an Aging Society: The Need for a Human Flourishing-Based Understanding
Jayne Hewitt
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 1-28 (28 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
Current theories of justice describe the arrangement of institutions for a just society, ones that seek to demonstrate equal concern and respect for all. However, the link between theories of justice that guide decision-making arrangements for intuitions and justice for individuals is not clear. This is particularly evident in relation to healthcare, where egalitarian theories of justice fail to account for the outcomes experienced by individuals. Introducing a case study that describes one man s healthcare experience in a large regional city hospital in Australia, this article argues that healthcare, particularly in an aging society, must move beyond the biomedical understanding of health, and seek more broadly to promote human flourishing. With a foundation in virtue ethics, the article then proposes an alternate understanding of justice in healthcare that addresses the highlighted limitations of egalitarian theories.
Ethics in Migration and Global Health Delivery: Issues of Justice and Integrity
Ethics in Migration and Global Health Delivery: Issues of Justice and Integrity
Leonardo D de Castro;Peter A Sy
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 29-50 (22 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
This paper examines two sets of ethical issues relating to the health of human migrants and the delivery of healthcare across the globe. The first set pertains to the access of migrants to health care services in their adopted (or adopting) countries. The second set of issues arises in connection with the migration of healthcare professionals from low - and middle - income countries to high-income countries. In the final section the paper looks at these two sets of issues as interconnected concerns within a broader global justice framework of healthcare delivery. We show how the justice issues in the first set relate to the justice issues in the second set. In the end, we propose the adoption of that broader framework, making reference not only to issues of justice but also to the question of the integrity of medicine and the noble objectives of healthcare delivery.
How to Die in Colombia: A Constitutional Dilemma
How to Die in Colombia: A Constitutional Dilemma
Estefania Palomino
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 51-68 (18 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
In 1997, Colombia s Constitutional Court decriminalized the medical practice of euthanasia in patients with serious and incurable diseases. Decision C-239 became one of the most radical advancements on the right to die debates in the world. At the time, European countries who have led this discussion, such as the Netherlands, hadn t legalized and incorporated the right to die into their own legal systems. In 2015, Colombia s Constitutional Court authorized the first legal clinical euthanasia in the country through a constitutional process also known as tutela on behalf of 79-year old Ovidio González. Mr. González decided to die at a clinic due to the suffering that he was experiencing while battling throat cancer. In this paper, I analyze the reasoning behind Decision C-239 and the long pathway to its implementation in the first Latin American country to legalize euthanasia. I will also examine other constitutional actions presented by terminal patients in defense of their right to die. The objective of this article is to provide routes of constitutional strategic litigation for advocates in other countries by building upon Colombia s experience, and to study the role of the Constitutional Court in shaping ethical debates such as euthanasia.
End-of-Life Care in Taiwan from the Perspectives of Asian Bioethics
End-of-Life Care in Taiwan from the Perspectives of Asian Bioethics
Michael Cheng tek Tai
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 69-80 (12 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
The aging population is a new reality in the world. Asian countries are facing the question of how to take care of their senile citizens who, when younger, have contributed much to society yet are now needing more medical attention and therefore are consuming a big portion of the health care budget. How to extend care to this growing number of citizens is a new social issue. This paper will first give a brief discussion of a new legislation adopted in Taiwan on December 18, 2015, named the Patient Self-determination Act, which allows patients suffering from incurable diseases or those in their last phase of life to say no to life sustaining treatments. Medicine, however, is supposed to save life, which raises a question: would this new legislation violate the principle of medical ethics? This paper will then discuss this act from the perspective of Asian bioethics. Humanization and harmonization are the two main emphases of Asian bioethics.
Access to Experimental Drugs, Fundamental Rights and Clinical Trials Regulation in Nigeria
Access to Experimental Drugs, Fundamental Rights and Clinical Trials Regulation in Nigeria
Cheluchi Onyemelukwe
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 81-114 (34 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
The Ebola crisis, which claimed many lives in several West African countries, raised many ethical and legal questions. One of the issues it raised when it arrived in Nigeria was the basis and procedure for access to experimental (or investigational) drugs. Elsewhere, particularly in the United States, issues raised with regard to expanded or compassionate use of drugs for people who would almost certainly die without access to experimental medicines have led to legal actions seeking to establish a right to access experimental drugs. Through an analysis of the use of experimental drugs during the Ebola crisis, this article seeks to investigate the state of the law in Nigeria. Do patients in Nigeria have a legal (not merely charitable) foundation for requesting the use of any available therapy, regardless of the certainty of their efficacy or safety? Is there a right to access experimental drugs in Nigeria? What constitutional rights might provide a foundation for this claim? What is the place of the drug regulatory process in analysing such a claim? This article examines the balance that must be drawn between access to experimental drugs and safety, and interrogates whether there is a constitutionally protected, fundamental right to access experimental drugs in Nigerian law and jurisprudence. It considers the fundamental rights to privacy, to health and life and the constitutional provisions, national legislation and jurisprudence related thereto. It examines the drug regulatory requirements in Nigeria and its current capacity to assist the courts in making the requisite determination. I conclude that it is currently difficult to affirmatively assert an existing fundamental right to access to experiments, though the drug regulatory system may help courts reach a firm decision on the right to experimental medicines. However, Nigeria has yet to develop a formalised approach to experimental drugs. Many issues remain outstanding within the current regulatory framework: the need for informed consent, the place of ethics review, and the coordination of responsibilities between the key regulatory agencies: the National Administration for Food and Drugs Control (NAFDAC) and the National Health Research Ethics Committee (NHREC).
Universal but Precarious: A Case Study of the South Korean Health Care System
Universal but Precarious: A Case Study of the South Korean Health Care System
Green Bae;Minah Kang
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 115-133 (19 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
Since its inception in 1977, the development of the National Health Insurance system in South Korea took the world by surprise. In 2001, South Korea introduced a single-payment system. However, in spite of the advancements made in medical technology and services and the fact that the National Health Insurance system covers the whole population, its citizens are seemingly still insecure and often experience precariousness with regard to their health coverage. It is ironic that despite the nearly 100% population coverage, many South Koreans also purchase private health insurance because of their anxiety about the limited coverage of the National Health Insurance benefit package. Even though the health care system in South Korea displays symptoms of precariousness, there is still no academic research that analyzes this concept as an approach to understanding the challenges that face the system. In this study, we examine the suitability of applying three attributes of precariousness, namely uncertainty, disempowerment, and insecurity (both financial and institutional), previously researched in the employment sector, to the health system to analyze how South Koreans experienced them and to explain the precariousness of the health care system at both the individual and institutional levels.
ODA and GAIN: The Key to Promoting Innovation
ODA and GAIN: The Key to Promoting Innovation
Tej Singh
이화여자대학교 생명의료법연구소 / Asia Pacific Journal of Health Law & Ethics Vol.10 No.2 / 2017 / 135-150 (16 pages)
법학>법학 / KDC : 사회과학 > 법학 / KCI : 사회과학 > 법학
초록보기
Medicine has greatly advanced in recent decades, but has it reached its peak? With increasing costs for getting the Federal Drug Administration s ( FDA ) approval and for performing clinical trials, pharmaceutical companies and drug companies are hesitant to research and develop drugs that do not have a significant market despite protections offered through patents. For example, companies are more reluctant to research and develop drugs for rare diseases and drugs for antibiotic-resistant strains of microorganisms as there is not enough demand for such drugs, even if the drug is able to obtain a patent. Pharmaceutical drug developers rely strongly on the patent system and regulatory incentives in developing drugs. The patent system, for example, allows the drug developer to control the market for a certain period of time so that it can recover its drug development costs and get rewarded for its innovative efforts. Because drugs for rare diseases and antibiotic resistant strains of pathogens have such a small market and affect a limited number of people, pharmaceutical developers often lack incentives to research and develop such drugs. However, regulations such as the Orphan Drug Act ( ODA ) and Generating Antibiotic Incentives Now ( GAIN ) Act attempt to provide incentives to pharmaceutical developers for rare diseases, also called orphan diseases, and antibiotic resistant ailments. However, are these incentives enough? Is the current patent system still working for all pharmaceuticals? This paper seeks to address these questions and other issues concerning the pharmaceutical industry and its relationship to the patent system, specifically related to the Orphan Drug Act and Generating Antibiotic Incentives Now.