A new book examined a range of moral questions and social policy issues pertaining to human reproduction and the new reproductive technologies. Topics covered included: sex pre-selection, artificial insemination, prenatal diagnosis, abortion, in vitro fertilization and embryo transfer, surrogate motherhood, and childbirth.
Source: Christine Overall, Ethics and Human Reproduction: A feminist analysis, Routledge
Links: Summary
Date: 2012-Oct
The fertilization and embryology watchdog began consultation on the ethics of new IVF-based techniques designed to avoid serious mitochondrial diseases. The techniques could enable women to avoid passing these diseases on to their children by using a donor's mitochondria to create a healthy embryo, which would then be used in normal IVF treatment. Any child born following mitochondria replacement would therefore share DNA with three people.
Source: Press release 17 September 2012, Human Fertilisation and Embryology Authority
Links: HFEA press release | Newcastle University press release | Nuffield Council press release | SPUC press release | Wellcome Trust press release | BBC report | Guardian report | Telegraph report
Date: 2012-Sep
Researchers examined how assisted-conception clinics assessed the welfare of the child prior to conception. The regulator's new 'risk assessment' process was generally perceived by staff to be an improvement on previous procedures: but many clinic staff experienced difficulties working out how to resolve the small number of 'difficult cases'; and they reported variations in, and some concerns about, the role and place of counsellors and counselling in the assessments.
Source: Ellie Lee, Jan Macvarish, and Sally Sheldon, Assessing Child Welfare under the Human Fertilisation and Embryology Act: The New Law, Centre for Parenting Culture Studies (University of Kent)
Links: Summary | Kent University press release
Date: 2012-Sep
A new book examined the legal rules of medical care in England and Wales, together with the social, political, and ethical arguments such care provoked. It considered issues including: the structure and organisation of the NHS; the rules of clinical negligence; and the legal and ethical concerns around surrogacy, organ donation, abortion, and euthanasia.
Source: Leanne Bell, Medical Law and Ethics, Pearson Education
Links: Summary
Date: 2012-Aug
A new book examined the issues raised by the care of a critically ill, incapacitated patient. It said that the law frequently failed to furnish clinicians and families with the guidance they required. It called for a reinvigorated system of clinical ethics support, in which committees worked alongside the courts to resolve the conflicts that could arise at the limits of life.
Source: Richard Huxtable, Law, Ethics and Compromise at the Limits of Life: To treat or not to treat?, Routledge
Links: Summary
Date: 2012-Aug
The High Court ruled that doctors could not legally end the lives of two people with 'locked in syndrome'. The court said that it recognized that the cases raised difficult ethical, social, and legal issues, and expressed sympathy for the men's physical and emotional torment: but it ruled that any change to the law around assisted suicide was a matter for Parliament.
Source: Nicklinson (R, on the application of) v Ministry of Justice; and AM (R, on the application of) v Director of Public Prosecutions, Solicitors Regulation Authority, and General Medical Council, High Court 16 August 2012
Links: Judgement | BHA press release | Dignity in Dying press release | Evangelical Alliance press release | GMC press release | RCP press release | SPUC press release | BBC report | Guardian report
Date: 2012-Aug
A journal issue examined issues related to euthanasia and assisted dying.
Source: King's Law Journal, Volume 12 Number 2
Links: Table of contents
Date: 2012-Jul
A new book examined medical ethics and the law relating to reproduction in a variety of jurisdictions, and made suggestions on reforming the law in the United Kingdom.
Source: Samantha Halliday, Reproductive Ethics and the Law: A comparative approach, Routledge
Links: Summary
Date: 2012-Jun
The government began consultation on whether the regulatory responsibilities of the Human Fertilisation and Embryology Authority and the Human Tissue Authority should move to the Care Quality Commission and the Health Research Authority.
Source: Consultation on Proposals to Transfer Functions from the Human Fertilisation and Embryology Authority and the Human Tissue Authority, Department of Health
Links: Hansard | BFS press release
Date: 2012-Jun
An article examined the democratic governance of genomics by focusing on the case of the UK Biobank. Although the UK Biobank performed well in terms of general democratic governance structures, there were epistemological and practical limits to specific democratic governance processes.
Source: Theo Papaioannou, 'Democratic governance of genomics: the case of UK Biobank', New Genetics and Society, Volume 31 Issue 2
Links: Abstract
Date: 2012-May
The Human Genetics Commission (an official advisory body) published its final report before its abolition, summarizing its work since its creation in 1999.
Source: Final Report, Human Genetics Commission
Links: Link subsequently removed
Date: 2012-May
A new book examined the interrelationship between human rights law in Europe and a wide range of health issues – including access to healthcare, health data protection, the quality of pharmaceutical drugs, and medical-ethical issues such as abortion and euthanasia.
Source: Brigit Toebes, Mette Hartlev, Aart Hendriks, and Janne Rothmar Herrmann (eds.), Health and Human Rights in Europe, Intersentia
Links: Summary
Date: 2012-Mar
An article examined the way in which notions of 'welfare' and 'identity' had became bound together in legal debates surrounding assisted reproduction. Despite moves towards diversity and openness, and the increasing significance of 'rights-talk' in both the courts and critical literature, the law had not embraced an approach based on individual rights. Instead, questions of both 'welfare' and access to donor identity information remain inextricably bound up with, and defined by, the social family unit.
Source: David Gurnham and Jose Miola, 'Reproduction, rights, and the welfare interests of children: the times they aren't a-changin'', King's Law Journal, Volume 23 Number 1
Links: Abstract
Date: 2012-Mar
A new book examined how the public interest in research using genetic data might be reconciled with the public interest in proper privacy protection.
Source: Mark Taylor, Genetic Data and the Law: A critical perspective on privacy protection, Cambridge University Press
Links: Summary
Date: 2012-Mar
A new book examined the governance structures in place for biobanks in England and Wales. The technologies, techniques, and practices involved in biobanking did not always conform neatly to existing legal principles and frameworks that applied to other areas of medical research.
Source: Jane Kaye, Susan Gibbons, Catherine Heeney, Michael Parker, and Andrew Smart, Governing Biobanks: Understanding the interplay between law and practice, Hart Publishing
Links: Summary
Date: 2012-Feb
An official advisory body published the report of a seminar (held in 2010) that examined the concept of genetic discrimination (discriminatory treatment on the basis of an individual's genetic data). The seminar considered: the relevant philosophical background and concept of anti-discrimination provisions; the legislative framework; international perspectives; context-specific issues relating to insurance, healthcare, and human rights; and linguistic considerations that were important to the debate.
Source: The Concept of Genetic Discrimination: Seminar report and reflections and recommendations, Human Genetics Commission
Links: Report | HGC press release
Date: 2012-Feb
The professional regulatory body for doctors began a consultation on guidance for its decision-makers when they were considering allegations about a doctor's involvement in encouraging or assisting suicide.
Source: Guidance for the Investigation Committee and Case Examiners When Considering Allegations About a Doctor's Involvement in Encouraging or Assisting Suicide: A draft for consultation, General Medical Council
Links: Guidance | GMC press release | BBC report
Date: 2012-Feb
A report (by an organization representing doctors) said that the number of organ donations had increased sharply in recent years, but still lagged a long way behind the number of people waiting for a transplant. New types of donors might need to be considered, such as brain-dead patients kept alive on ventilators. It also called for an opt-out donation system, where people were presumed to have agreed to donate their organs.
Source: Building on Progress: Where next for organ donation policy in the UK?, British Medical Association
Links: Report | BMA press release | BBC report | Guardian report
Date: 2012-Feb
An article examined the legal instruments used to regulate biobanks, and the need for a new model of governance.
Source: Emmanuelle Rial-Sebbag and Anne Cambon-Thomsen, 'The emergence of biobanks in the legal landscape: towards a new model of governance', Journal of Law and Society, Volume 39 Number 1
Links: Abstract
Date: 2012-Feb
An article examined recent European Union laws on advanced therapy medicinal products (a new legal category of medical product in regenerative medicine), and how two national regimes (France and the United Kingdom) regulated ATMPs that did and did not fall under the scope of EU regulation.
Source: Aurelie Mahalatchimy, Emmanuelle Rial-Sebbag, Virginie Tournay, and Alex Faulkner, 'The legal landscape for advanced therapies: material and institutional implementation of European union rules in France and the United Kingdom', Journal of Law and Society, Volume 39 Number 1
Links: Abstract
Date: 2012-Feb
An article examined how sperm donor anonymity had been defined as a social problem that required a regulatory response. It discussed the child's claims to a right to personal identity, and the 'genetic essentialism' behind these claims.
Source: Ilke Turkmendag, 'The donor-conceived child's "right to personal identity": the public debate on donor anonymity in the United Kingdom', Journal of Law and Society, Volume 39 Number 1
Links: Abstract
Date: 2012-Feb
A commission report said that the existing legal status of assisted suicide was 'inadequate and incoherent'. The legal regime could be distressing for the people affected and their families, was unclear for health and social care staff, and placed a 'deeply challenging' burden on police and prosecutors. A new statutory framework was laid out in detail in the report, including strict criteria for defining who might be eligible to receive assistance, and robust safeguards to prevent abuse.
Source: The Commission on Assisted Dying, Commission on Assisted Dying
Links: Report | HOC research brief | BHA press release | CARE press release | Church of England press release | Dignity in Dying press release | NSS press release | Scope press release | SPUC press release | Christian Institute report | Telegraph report
Date: 2012-Jan
