IFP Newsletter - January 2013
IFP International Focus Programme
newsletter
“BIOTECHNOLOGY AND HEALTH CARE” DEADLINE FOR SUBMISSIONS 22ND OF FEBRUARY 2013 WWW.ELSA-ESSAY-COMPETITION.ORG
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ABOUT ELSA
ELSA International Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: elsa@elsa.org
The Association
The European Law Students’ Association, ELSA, is an international, independent, non-political and non-profit-making organisation comprised and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Germany, ELSA is today the world’s largest independent law students’ association. International Focus Programme
The International Focus Programme (IFP) was introduced in 1994 to provide the network with an opportunity to work together on a „hot legal topic“. In the IFP framework Local and National Groups work together with ELSA International and legal institutions to build a concrete knowledge base and to organize events, such as seminars, conferences, legal research groups, debates, moot court competitions, lawyers at work (L@W) events, publications and traineeships, which will have an impact on legal education, society and the international community.
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ELSA’s Members ELSA’s members are internationally minded individuals who have interest for foreign legal systems and practices. Through our activities such as seminars, conferences, law schools, moot court competitions, legal writing, legal research and the Student Trainee Exchange Programme, our members acquire a broader cultural understanding and legal expertise. Our Special Status
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Dear ELSA Friends,
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e are honoured to present you a new edition of the Newsletter dedicated to our International Focus Programme, Health Law. Since 1994, ELSA decided that the best way to consolidate its work, in both practical and theoretical spheres, is to create a forum which allows continuity within ELSA and sets out a common goal for all ELSA members to work towards. The focus on a hot legal topic is realised through the organisation of local, national and international events of different kinds in the Network, with the aim to raise the knowledge and the professional skills of law students, but also to increase the presence of ELSA in the academic world by showing ability to focus on and develop a certain topic with professionalism and creativity. After the first year of implementation of Health Law as International Focus Programme, ELSA International and ELSA officers all over Europe created a solid basis in terms of academic knowledge, materials and contacts. In the second year we assisted to a consistent increase of the quality of events and of the cooperation with general and project partners.
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In the following pages you will read about some very successful events that took place in the last months in our European Network and enriched the offer of the European academic panorama in the field of Health Law. These and other successful stories are the reason why we decided to dedicate this 2nd edition of the IFP Newsletter to the important results obtained by our officers. Behind every National Essay Competition, International Conference, Summer Law School or Study Visit, there is always a committed group of young law students that, starting from one good idea and a lot of motivation, decided to commit to contribute to the academic discussion in this field of studies.
“We can witness not only a consolidation of the achievements of the previous terms, but also an increase of the number of projects and of the degree of professionalism and quality.” In this moment, when we are writing these words, we are in the middle of the third and last year of implementation of Health Law and we can witness not only a consolidation of the achievements of the previous terms, but also an increase of the number of projects and of the degree of professionalism and quality.
This three-year strategy of implementation allowed also the improvement of external cooperation. Among all the external partnerships, we would like here to remember two strong supporters of ELSA activities in the field of Health Law: the Erasmus Observatory on Health Law, that played since the beginning an important role on the academic side of a lot of ELSA international projects, and the Council of Europe, especially the Department of the European Social Charter and the European Code of Social Security, which has always demonstrated a lot of appreciation for our activities and lately supported some legal research projects. Last but not least, our warm appreciation goes to the Director for IFP, Antonella Biasi, and the IFP Assistants Iva Šimková and Diana Correia de Sá, who, together with the International Board, minded this edition of the IFP Newsletter. We hope that the sucesses reached will make you as proud as we are of the great work of the ELSA Network!
Federica Toscano Vice President for Seminars & Conferences ELSA International ‘12/13
Zosya Stankovskaya Vice President for Seminars & Conferences ELSA International ‘11/12
IFP Newsletter
Contents Foreword
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Contents
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18 years of IFP
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5th IFP Essay Competition
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IFP Mid Evaluation Conference
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Summer Law School on Health Law
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ELSA Coimbra Essay Competition
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International Conference on patients’ rights
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Study Visit to psychiatric hospital in Croatia
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ELSA Bergen’s study trip to Brazil
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Knowledge is power - conference in Poznan
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Refundation of pharmaceuptical products
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First annual International Conference in Leicester
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Media Law as a future focus
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Final IFP Conference in Gdansk, Poland
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List of IFP events
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1 8 years of I F P
http://www.flickr.com/photos/thomashawk/156398965/
18 years of IFP It is time to celebrate the existence of the International Focus Programme, implemented in 1994 by the International Board.
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alta 1994: The International Board decided to propose the introduction of an International Focus Programme for the entire Network. Curiously, after 13 years of existence ELSA had to be challenged in order to improve!
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In the words of Martin Flink, President of the International Board during 1994, “time has come for ELSA to take a step forward and show that we have a place in the international community.” Ten successful years have passed stimulating the Network to adopt and focus on important topics. During ICM Malta 2005 the Council adopted the International Focus Programme as an ELSA activity by introducing a specific part on the Decision Book regarding his implementation, duration, Final IFP result, evaluation and general responsibilities.
From 2006 until 2007 we have celebrated the ELSA 25th Anniversary. The IFP topic also followed the general spirit of celebration among the network by choosing “25 years of Legal Development”. Once again the IFP kept up with the general environment living through the network. Lisbon 2008 gave birth to a new concept in our Network: the Strategic Goals. The International Focus Programme was not forgotten and was chosen to be one of the aims to reach until 2012. Strictly connected to our Philosophy – “to contribute to legal education, to foster mutual unIFP Newsletter
1 8 years of I F P derstanding and to promote social responsibility of law students and young lawyers”, the IFP have won an important place especially regarding the implementation of one of the core activities - Legal Education – “At least one IFP event per country per year should be organised.” In fact, it was not only one small step to IFP but also a giant leap for ELSA! By choosing one specific International Focus Programme ELSA is looking for a way to “have an impact on the environment we are living in” as it was settled in our Decision Book. The possibility to expand our range of partnerships it could be done by showing the society that we have a strong curriculum. This was established since the beginning: an International Focus Programme could add credibility to our association and give the opportunity to establish deeper cooperations with prominent organizations. Undoubtedly, the Intellectual Property Law seemed to be a very attractive topic when the Network asked to postpone the duration for one more year in 2009. Furthermore, a huge partnership was created with the International Trademark Association (INTA) allowing to have an Academic Partner for
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By choosing one specific International Focus Programme ELSA is looking for a way to “have an impact on the environment we are living in” IFP Newsketter
http://www.flickr.com/photos/thomasthomas/268846488/
the 2007-2010 IFP. This partnership disclosed to be not only an important partner for the concrete IFP but also because a life-time cooperation that still continues nowadays giving to our members extraordinary opportunities.
“Health Law was elected as the IFP Topic at the International Council Meeting in Malta 2010” Health Law was elected as the IFP topic at the International Council Meeting in Malta 2010. Health Law was the lucky number seven of IFP topics in the history. Currently we are on the last year of the implementation and more than ever we are ready to start evaluating the achievements of this era of International Focus Programme. Evaluation has more consequences as we might think on the first sight.
Internally, it will give the real picture of what the Network focused during this last three years and will contribute to show our strengths and weaknesses. It will also help us to think about the best Media Law strategy and especially if the IFP should be part of the new Strategic Plan for ELSA. Externally, the evaluations could help us to show a strong image as a committed network striving towards one goal. This could also help us not only to keep and to find more sponsors but also to consolidate our image at the Universities and to recruiting new members. 18 years of International Focus Programme it is definitely time to celebrate!
Diana Correia de Sá Assistant for International Focus Programme ELSA International
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I F P E ssay competition
The 5th International Focus Programme Essay Competition
“Biotechnology and health care” ELSA International is proud to present the 5th edition of the International Focus Programme Essay Competition.
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he competition aims at contributing to legal education in the field of Health Law, increasing academic knowledge, ability of logical thinking and written legal English skills of European law students. For this edition, ELSA cooperates once more with its IFP Partner, the Erasmus Observatory on Health Law. Despite of providing one of the prizes for the winner, this renowned academic institution is responsible for advising ELSA International in choosing the topic of the essay competition. The evaluation of the essays will be also done by the experts in this fieldfrom the Observatory, as8
suring the aimed high academic quality of the winning essays. The competition is open to ELSA members and law students from universities or a law school located in a Member State of ELSA or of the Council of Europe. The topic of this edition is “Biotechnology and health care”. The essays should address the following question: “Biotechnology has made a huge difference in human health care and has now enabled scientists to develop products which can give quicker and more accurate tests, therapies with less side effects and vaccines which are safer than ever before. Although the advantages of biotechnological applications in healthcare seem to be evident, it also raises (new) legal concerns or challenges focussing on human rights in health care, and patenting products derived from the human body. What are the main issues and answers from a health law perspective?”
Launched on the 29th of November 2012, the 5th edition of the IFP Essay Competition counts with the support of the European Social Charter of the Council of Europe that will publish the three best essays in its website. The winner of the competition will be
“The 5th edition of the IFP Essay Competition counts with the support of the European Social Charter of the Council of Europe that will publish the three best essays in its website.” awarded with the tuition fee of Legal English course at the London School of English. The runner-up will receive the tuition fee of the Summer School on Health Law and Ethics in the ErIFP Newsletter
ifp essay competition asmus Observatory on Health Law, 2013. The second runner-up will have free participation in the IFP Final Conference in Gdansk, Poland, May 2013. The new edition of the IFP Essay Competition brings exciting news! It counts with two new sponsors: the European Voice that will award the
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“Do not miss the opportunity to take part in one of the most valuable competitions of the year!”
IFP Newsketter
winner with one-year subscription of its journal and ILEC Cambridge University Press that will provide the three winners with a Cambridge ILEC International Legal English book. 17 Cambridge ILEC International Legal English books will be sorted by ELSA International among the participants. Do not miss the opportunity to take part in one of the most valuable competitions of the year!
International Focus Programme Essay Competition “Biotechnology & health care” Deadline for submissions 22nd of February
Vasco Silva Vice President for Academic Activities ELSA International
“BIOTECHNOLOGY AND HEALTH CARE”
Contact vpaa@elsa.org Website elsa-essay-competition.org
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I F P mid evaluation conference
IFP Mid Evaluation Conference, Triest, Italy, 16th – 22nd April 2012
“Mental Health & Human Rights” The Internatoinal Focus Programme Mid Evaluation Conference took place in Trieste, Italy, in March 2012.
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LSA Trieste is a young Italian Local Group that loves pushing its limits. Deciding to host an International conference of such importance for the International Focus Programme on Health Law was not a random choice. Trieste itself as a city has had a primary role in the development of the Italian Legislation concerning Health Law in general and Mental Health in particular. And this is what firstly oriented the OC towards the topic Mental Health & Human Rights. The Conference focused on 4 days 10
of lectures, debates, movies, cultural visits, artistic workshops and exhibitions. “Mental Health & Human Rights”, “Places of care and care of places”, “Law, Mental diseases and right to assistance”, “Mental diseases and medical treatment”, “People with mental diseases and the various situations of everyday life”were the main topics analyzed.
“The venue? The most famous and controversial former mental hospital in Italy: San Giovanni’s Park.” The venue? The most famous and controversial former mental hospital in Italy: San Giovanni’s Park. For decades the place has been a closed facility for people affected by mental diseases, where patients were chained to their beds, segregated into their cells,
into buildings surrounded by walls, set apart from the rest of the world and identified by their level and type of disease. This place is now a big public park, where mostly all of the old buildings still stand but were recently refurbished and converted into administration offices, healthcare departments, schools, exhibition and conference venues, bars, a theatre and large peaceful gardens. When I visited the Park for the first time, I felt overwhelmed by an uncountable number of emotions, ranging from anger to sadness, from melancholy to peace, from numbness to historical and legal awareness. Starting from the Conference, we developed the idea to build up a whole Festival based on the concept of these emotions, a Festival named “ELSWHERE”. ELSEWHERE considered the mental disease as a factor that affects the mind, the feelings, the actions of individuals in such a way that their social interaction gets problematic and IFP Newsletter
I F P mid evaluation conference as a consequence it causes them pain. ELSEWHERE has been structured as a journey into inputs. This journey went through the creation of four main installations, planned in such a way to stimulate mainly the mind, the feelings and the actions: “I think”, “I hear”, “I try”, “I say”. Every and each one of these actions/steps was open to the public and it was up to the visitors to choose their own, personal journey inside the Park: from movies to exhibitions, from installations and workshops to debates with Medicine Students and lectures with Professors and Professionals. The event premiered on the 16th of April with the movie “There was once the City of the mad”, telling the story of Franco Basaglia, Italian
psychiatrist, neurologist, reformer of Italian psychiatry and founder of the modern meaning of mental health, who has been director of the psychiatric hospital in Trieste. He was responsible for the introduction in Italy of the Law, usually called after his name Basaglia Act 1978, which introduced a great revision and major changes in psychiatric treatments. Some of the problems that were discussed during the academic programme were centred upon the fact that the psychiatric hospital in Trieste (as well as all the other hospitals in Italy) was indeed a city within the city, and the relevant legal provisions used to focus on the protection & safety of “healthy” citizens rather than on the health improvement of the patients. Before the Seventies, people affected
by mental diseases were isolated from the rest of the world in order to prevent them from harming the population. Franco Basaglia, no matter if he was right or wrong, took a great step forward: he began his revolution by simply giving their belongings back to the patients, restoring their personalities. He allowed their “freedom”, meaning those people were also given back their rights and responsibilities. Many and various were the consequences: problems with institutions, with political interests and with the previous order of things. Patients who used to be isolated within the walls of the psychiatric hospital started to take acquaintance and awareness of reality, and the clash was inevitable. Lots of them committed serious crimes; some
Chiara Gecele Position?
IFP Newsketter
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I F P mid evaluation conference
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We hope that through this event we raised awareness on these themes in order to find the most human rights friendly solutions.
others took their own lives. Nonetheless, when the psychiatric hospital was the only medical treatment known to Doctors, therapies ended up unavoidably in a mere confinement. Today, the Basaglia Act 1978 sets forth a system of provisions that focus on the whole city rather than on the hospital alone, on the person with his/her human dignity rather than on the disease, on personal relationships rather than on the single human being. As a consequence, psychiatric assistance is to be provided by Community Mental Health Centres, newly organized into departments, in order to ensure integration and connection between services and community resources. The construction of new mental hospitals is also prohibited. Compulsory treatments are to be exceptional interventions applied only when adequate community facilities cannot be accessed and when, at the same time, the patient does not accept
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a treatment outside of the hospital. This Act, which is a sort of hybrid Bill, leaves it up to Local Administrative Councils to plan (economically and logistically wise) and provide healthcare services for people affected by mental diseases. Regional Administrative Councils independently allocate and invest their own assets in the development of various local healthcare services: as a consequence, in the last 20 years differences within Italian regional healthcare systems/services have strongly increased. This is a dramatic outcome and definitely a distortion in the application of the Basaglia Act 1978, if we think about criminal psychiatric hospitals. In Italy we still have six of such facilities, and the less funds Regions invest in proper healthcare services for people affected by mental diseases, the more the number of patients coming from those Regions and designated to those facilities in the (probable rather than possible) event they commit a crime, rises up.
At the moment there is a big debate going on in Italy between politicians and public opinion: those criminal psychiatric hospitals will soon be dismantled (a law on the matter has been recently approved by the Italian Parliament). Nobody really knows what the effects of this Law will be in the next couple of years. We just hope that through this event we raised awareness on these themes, so that Lawyers and Doctors not only will be able to cooperate fruitfully but also will take into consideration comparing the legislations of the Member Countries (I’m talking about EU but also about ELSA Member Countries) in order to find the most human rights-friendly solutions.
Chiara Gecele Director for Academic Activities ELSA Trieste 2011/2012
IFP Newsletter
summer
law school
Summer Law School on Health Law
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s far as I can remember, ELSA Officers from the Czech Republic were dreaming about organising Summer Law School in their country. Therefore, when ELSA Brno decided to accept this challenge.
IFP Newsketter
We decided to dedicate our Summer Law School to Health Law because we wanted to support another ELSA dream – International Focus Programme. After months of preparations, hard work and mutual support, OC had the privilege to welcome participants in Brno, the Czech Republic. Health Law gathered together 21 students of law from Great Britain, Finland, Ukraine, Georgia, Hungary, Germany and of course Czech Republic. And the week of learning, friendship and fun began! We were very lucky to have great
speakers on SLS. One of the most special ones was definitely Judith Munson, professor of Health Law from Chicago, USA. Mrs. Munson’s specialization is Public Health Law which is field of law focused on dealing with Public Health Emergency. We discussed many topics – pandemics, natural disasters, terroristic attacks –what is necessary to do in different situations and how to cooperate with WHO, EU and Red Cross. The fact that Mrs. Munson comes from Chicago made the discussion even more interesting as we could compare European and American regulations.
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summer
law school
We wanted to show our participants different aspects of Health Law and to experience Health Law in practise. For example, we made an excursion to the Department of the Forensic Medicine of Masaryk University where we had a lecture given by pathologist on topic of legal regulation of autopsies. What a fascinating and at the same time scary topic! After the lecture we had a chance to visit little museum of forensic medicine which was without doubt unforgettable experience. After lectures on Malpractice liability, Informed consent, Human cloning and much more, participants really appreciated relax in the form of movie. We watched “You don’t know Jack” – movie based on true story of Dr. Kervorkian, an American doctor who believed that every person has the right to die when he/she decides to.
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The movie shows how Dr. Kervorkian helped people with assisted suicide and raises many questions concerning euthanasia. I definitely recommend you to watch this movie regardless whether you are in favour or against euthanasia. Apart from academic programme there was of course social programme as well. We visited most important monuments in Brno, played bowling, went on trip to breath-taking chateau in Lednice and spent joyful night in wine cellar in Valtice. ELSA is trying to bridge theory and practise, and therefore we decided to organize little moot court at the end of the whole week and participants had a chance to try what they learnt in practise. They had to defend either doctor or patient in fictive case of medical
malpractice. I have to admit that it was fun to see how not only knowledge but also argumentation skills are very important for lawyers. It’s hard to summarize this week which will forever stay in my memories for its provocative topics, incredible participants and very special atmosphere. Hereby, I would like to thank my OC members for their support and work. Thanks to you the dream became reality!
Iva Šimková President ELSA Czech Republic
IFP Newsletter
IFP ESSAY COMPETITION
Organised by ELSA Coimbra, Portugal:
Essay Competition on Medical Responsibility
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LSA Coimbra decided to organize an Essay Competition open to all European groups.
believed that a great partnership and a fantastic prize would aid us in this challenge by attracting more participants.
In cooperation with our Marketing Department, we started to publicize the activity through printed posters and Facebook. Web–ads were used as a way to aid us in the publicity of the event (through University of Coimbra website and ELSA network). Students and graduates approached us in order to obtain more information about the activity. The IFP Essay Competition sooner became a powerful tool to promote our group. ‘Centro de Direito Biomédico’ provided a jury - composed by three professors - to evaluate the papers delivered by the law students and young lawyers. This jury was specialized in this subject and had outstanding Resumes, reinforcing our belief in a just and proportional evaluation.
ELSA Coimbra were not expecting as many participants as other events can appeal. Since it was our first biggest event so far and facing the fact that we didn’t have much experience, for us it was a great opportunity to improve the quality of our events. We did not lose hope to organize more events in the future.
After some discussions, ELSA Coimbra agreed that the subject for this competition should be “Medical Responsibility” as a way to have another event on the International Focus Programme Health Law. During last term in office we had already organized another IFP event – a Seminar – where we had the opportunity to know some highly-qualify Professors in the Health Law area. That was how our partnership with one of the most renowned juridical institutions in Portugal came from: the University of Coimbra Biomedical Law Centre (CDB – ‘Centro de Direito Biomédico’). The partnership with ‘Centro de Direito Biomédico’ was a singular opportunity for our Local Group: we discussed together the rules and regulations and received useful suggestions and advice. This partnership pushed us to the next level and allowed us to improve the quality of our events.
IFP Newsketter
The ELSA Coimbra Essay Competition Prize was very appealing - the winner would be admitted to a short-term course offered by ‘Centro de Direito Biomédico’ totally free. We
Summing up, this Essay Competition provided us great experience, helping us to rise in the University of Coimbra as a recognized association that provides, among other things, the possibility to expand our juridical knowledge.
Emanuel Barbeiro Vice President for Academic Activities ELSA Coimbra
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international seminar on patients ’ rights
1st International Seminar on Patient’s Rights in Ostroh, Ukraine
“We are all patients”
H
ealth law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. This is a big issue in a post soviet cou tries as well as throughout the world.
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As a heritage of USSR we have a bureaucracy that is spread in medical field which is extremely unacceptable, because we are talking about human lives. In our opinion it should be a duty of today’s leaders not only to build the structure and establish the procedures that will constitute the health law and legal medicine of tomorrow, but also to respect humanity and to advance human rights. ELSA Ostroh offered an exciting academic program which was presented by the best specialists on Patient’s Rights.
Academic Program: Medical Law and Ethics: General Characteristics of National Development Vectors Iryna Senyuta - Candidate of Law, Associate Professor, Lawyer, President of the All-Ukrainian NGO “Foundation of Medical Law and Bioethics of Ukraine”; Patient’s Rights and Vaccination Evgeniy Novitskiy - Representative of the Crimean Republican Charity Fund “Crimean World” and Head of the Law Enforcement Program in the sphere of Medical Law
IFP Newsletter
international seminar on patients ’ rights Practice of the European Court of HumanRights on Medical Cases Aigul Mukhanova - Legal Expert of Kharkiv Human Rights Protection Group Medical Insurance: some aspects of establishment and development in Ukraine Alyona Romanova - Lawyer of the Crimean Republican Charity Fund “Crimean World”) Preparation of the material for the expertise in medical cases. Forensic evaluation of the traces to obtain confessions. Nicolai Tagaev - Prof. of the Department of Criminal Law of Kharkiv National University of V.N Karazin, PhD, Associate Professor, Forensic Expert of the highest qualification category Human Rights in the sphere of Palliative Care Andiy Rohanskyy, Head of Public Organization “Institute for Legal Studies and Strategies”, lawyer, physician, MD Our special guest was a Dean of the Faculty of Law of the Istanbul Civilization University, Hakan Hakeri, prof. Dr. jur. Dr. h.c., which gave us a lecture on Offices of patient’s rights in Turkish hospitals. “We all are patients – we all should know how to protect our rights and
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“We are all patients, we all should know how to protect our rights and lives”
IFP Newsketter
lives” Prof. Senyuta. Mrs. Iryna is one of those titans on the arena of the big fight for patients’ rights. She leads almost all specialists in our country even though she is only 30. Her lecture on legislation and court procedure was colossal. Also Mrs. Iryna brought a book on national and international legislation in a medical field; a CD with useful information and a present for the National University of the Ostroh Academy on the Health Law (full box of books) which we gave to the library so all students now have access to this literature. In Ukraine we do not have medical insurance or better to say – it’s not obligatory because we have social medicine. And the answer to the question whether its good or not gave us Alyona Romanova who has also told us about Life Will – which means that a patient can decide whether he accepts medical care or not ( which basically touches a topic of euthanasia, because the patient doesn’t let to treat himself). Emotionally the hardest lecture and the most stressful was the one on a Palliative Care. The speaker told the story of his life – sick daughter who was diagnosed with cancer, and how she suffered, how he being a doctor became a lawyer in order to protect his child. Palliative Care is a nightmare in Ukraine, because it’s something that do not really exist even though the right for life is stated in the Constitution, but every one of us asked ourselves – Why are there no such a right as – a right not to suffer. Prof. Hakan Hakeri gave a lecture on the offices of Patient’s Rights in Turkish hospitals which basically gave us a hint on how we can protect and help ordinary people and spread the legal information to our citizens.
All the Speakers also asked for the contact of our participants and as I know so far they are contacting them if something on a Health Law topic is going to be organized. Our Speakers sent all of us their presentation so we can use it anytime and spread between other students. This seminar was very important to us, especially because it was our first event at the international level. We were very nervous and preparation for it lasted almost a year. Finally that big date came – May 25th. We did our best. Of course there were some issues, but we learned a lot from it and now we have something to be proud of. The best present for all of us were the big gratefulness from the participants which they are still sending to us from their hometowns and pleased faces of speakers which became our good friends now. Besides the great academic program we all could experience unforgettable ELSA Spirit! The venue of the event is the first academy of Ukraine, which was founded in 1576. Participants could fell the presence of the spirits in the old walls of the university and see the mystic painting and underground. All the participants were granted diplomas of participation in International Seminar on Patient’s Rights. We hope that we will see them all once again during our next project.
Yulia Ivasiv Vice President for Seminars & Conferences ELSA Ukraine
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institutional study visit
A chance to learn more about patients rights and Human Rights
Study Visit to the psychiatric hospital In the past 3 years ELSA Zagreb has organized national Institutional Study Visit to the oldest psychiatric hospital in Croatia in order to implement IFP topic within as many activities as possible.
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e are glad that we can give opportunity to our members to see the way of life of patients and break all prejudice about them. They also have a chance in this short visit to learn a lot about legal protection of patients and encourage them on further research on this area. The psychiatric hospital „Vrapce“ in Zagreb is the biggest and the oldest hospital for mental diseases in Croatia with more than 130 years old history and tradition. From the very beginning in 1879 until today they have cared for the 150 000 people. Today their capacity is 881 beds divided in 11 wards. The hospital, due to its highly capable employees and tradi18
tion, occupies a central position in the development of psychiatric practice in Croatia. At each visit participants came up with a lot of questions and there is always discussion between participants, who are mostly law students and young lawyers, and head doctor and his assistants. In this article we would like to give an overview of the most discussed issues, biggest problems regarding people with mental disorders and some conclusions which arise from the discussion. First problem that always comes to our mind when we talk about people with mental disorders is protection of their fundamental human rights and their social integration before, during and after medical treatment. One can still feel centuries-old impact of stigmatization and rejection of such patients in the society. Therefore, participants are interested in the level of the protection of fundamental human rights and if there are some particular rights especially related to the pa-
tients in psyhiatric hospitals. Besides general instruments for the protection of human rights and fundamental freedoms, in the Republic of Croatia there are few special laws and instruments for the protection of the people with mental disorders. These are The law on the protection of persons with mental disorders, The law on patients’ rights and also people with mental disorders are specially treated, because of their disease, in The Criminal law, The Law on the criminal procedure and in The Family law. In this laws is laid down how to treat people with mental disorders when they are perpertrators of crimes, which is their guilt, how and who will investigate them etc. Croatian Family Law recognizes few categories of deprivation of legal capacity of people with mental disorders . Our participants and doctors agreed the legislator had the intention for the more individualized approach which depends on how serious mental disease is but our participants found here one big problem. Namely, people with complete deprivation of legal capacity are not able to seek the protec-
IFP Newsletter
institutional study visit tion of their human rights in front of the courts especially in front of The Croatian Constitutional Court which is in charge to ensure equal protection of human rights to all citizens in the Republic of Croatia. As young lawyers we see here a huge problem and we think that our Constitutional Court needs to change this kind of practice especially due different decisions of the European Court of Human Rights in this matter. We hold that differences in abilities shall not in any case exclude equality of rights. Second also very interesting topic is the question of guilt and question how to prosecute the perpertrators with mental disorders. Penalty system in Croatia gives special attention to them in order to protect this kind of perpertrators from absue of their unenviable and difficult position. For every crime committed by person persumed as a person with mental disorder the only possible claimant to the Croatian Law on the criminal procedure is public prosecutor. This ensures higher lever of the protection of the rights of people and more careful treatment than the claimant would be a private person. Also, in the period of investigation, if needed, accused
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Quiet contrary to our expectations from the beginning of the visit, we saw that there is no room for the fear of better future for the people with mental disorders. IFP Newsketter
is not placed in jail but in the special institution for psychiatric diagnostic or if there is a danger for the surroundings of accused person or for his/her health he/her will be placed in the institution for involuntary placement to start with the appropriate therapy and to eliminate the danger. But here we asked what is with the informed consent of that kind of people and their right to refuse the notification about their treatment. None of the relevant laws regulates this situation and here, together with the doctors, two possible solutions are to be found. First one is that doctors shall have margin of discretion to rate which conduct is dangerous for the person and his/ her surroundings, to write this down in
“As soon we realize that mental disease is psychosocial risk to which we all are exposed to and that can affect anyone of us human dimension in the reality of people with mental disorders will increase.” the medical documentation and only then can “violate” the right to refuse the notification about treatment. Second option is to regulate this matter in the law(s) what would be the best solution for everyone included in this process. Finally, if the court, based on the opinion of the expert witness, declares that someone has committed a crime under the mental incompetence automatically there will be no guilt and the person will be declared innocent. Person will be placed in the special pshychiatric institution under the two conditions: (a) if the mental disorder is severe and (b) if there is a danger
for the person’s surroundings. The duration can be up to 30 days. After this period, if there is still need for the person to be medicaly treated, duration of involuntary placement can be extended for up to 3 months, and the total duration is limited to 6 months. In this period institution shall ensure health and social rehabilitation of the person and prepare him/her for a normal life after leaving the institution. Quiet contrary to our expectations from the beginning of the visit, we saw that there is no room for the fear of better future for the people with mental disorders. Croatia really went ahead with its legislation and with medical treatment of its vulnerable and fragile social groups. This statement holds even more true in this year when Croatian Parliament has declared 6th of June as a National day of rights of the people with mental disorders to highlight that state has best intention to protect and to ensure better position in the society for them. We strongly believe that common commitment of the society in whole to combat rejection of differences in the everyday’s life will ensure a lot of hope in the future for the people with mental disorders. As soon we realize that mental disease is psychosocial risk to which we all are exposed to and that can affect anyone of us human dimension in the reality of people with mental disorders will increase.
Marko Dolonec Vice President for Seminars & Conferences ELSA Croatia
Ana Roce President ELSA Croatia
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S tudy trip to bra z il
A long way trip in the field of health law
A health system from a different point of view ELSA Bergen, one of our Local Groups in Norway, went on a study trip to Brazil to experience a new legal system and a new culture. Read about the experiences from the trip that had a focus on health law.
E
very fall the ELSA seminar and conferences group at the University of Bergen, in Norway, arranges a study-trip to a chosen destination. This year we decided to go to Rio de Janeiro in Brazil!
We chose Health Law as our theme for the trip, partially because it is ELSA’s International Focus Programme, but also because Norway and Brazil both are committed actors in global initiatives regarding the right to health. We were curious to see if the difference between the Norwegian and Brazilian health-system was as big as we could imagine. 20
Our first visit was to Viva Rio, an organization that researches and does field work regarding health, education, security and more. Pedro from Viva Rio told us that the government of Rio has outsourced many of the healthcareservices and that Viva Rio therefore was responsible for many of the cities’ health-centers and other
“We were curious to see if the difference between the Norwegian and Brazilian health system was as big as we could imagine.” services. They took us to the pacified favela Rocinha, where we got to visit a very well-functioning UPA (an Emergency Ward). Because of big donations from the favelas rich
neighborhood Viva Rio could also focus on preventive health-care. Unfortunately what we saw was not representative for the rest of the country, since health-rights often are neglected in rural areas and in favelas that are still controlled by drug cartels. We also got the impression that a system with expensive private health-insurances for the rich was still quite common. However, the public hospitals are know to be just as well-functioning as the private, unlike in many other Latin-American countries. We also attended a joint-seminar with two law firms. They had short presentations about different parts of the Brazilian law-system; the legal system in general, labourlaw, maritime-law, oil and gas, the tax-system, corporate law and health-law. We learnt that the idea IFP Newsletter
S tudy trip to bra z il of health to all began at the end of the military-dictatorship in the mid-80s. The states duty is manifested, and the state has chosen to outsource many of the tasks. A new insurance-trend is low-cost plans for those recently out of poverty.
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“After our meetings the impression we left with is that Brazil has come a lot further that we had expected.”
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One of the most interesting aspects of the trip was that we got to see the health-system from different points of view, from the favela and voluntary organization Viva Rio, as well as presented by the lawyers with private health-plans. After our meetings the impression we left with is that Brazil has come a lot further that we had expected. There has been a lot of changes in the last few years, especially through pacification of favelas. But as the middle-class gets richer the differences in the society are still increasing. Voluntary organizations are also anxious about the government’s preparations for the Olympics and World Cup, through
“cleanups” of the favelas. So Brazil is definitely a country to watch with many challenges and an exciting future!
Frida Fostvedt Vice President for Seminars & Conferences ELSA Bergen
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international C onference on H ealth law
Knowledge is power ELSA Poznan invited law students and ELSA members from all over Europe to attend their international conference on health law.
H
orace, a famous Roman poet, once said: “To know all things is not permitted”.
One can ask, how is that quote relevant to Health Law? After all, while saying this few words, he was most definitely not thinking that they could be ever connected to this remote area well out of his scope of interest. Still, millennia later, I find that they ring true, especially in regard of our right to medical information in the ever-changing realities of modern world.Holding this statement close to
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heart, ELSA Poznan decided to present this fascinating topic to the larger audience, allowing regular students from the Adam Mickiewicz University in Poznan to acquaint themselves with regulations concerning aforementioned issue. As every experienced ELSA Member knows, there is one great way to achieve it – by organizing a conference. In this case a Conference
“Still, millennia later, I find that they ring true, especially in regard of our right to medical information in the everchanging realities of modern world.”
“Information in Health Law – what, and by whom can be obtained?” During its duration, many engaging topics were raised. But the two of them were widely acclaimed as the most interesting, stirring the most heated debate – first one concerning Polish legal regulations and their impact on both patients and medical personnel, and the other pertaining protection of our private genetic make-up data. From a point of view of a normal medical practice, the patient’s consent for the proposed treatment is extremely important issue. The only way to lawfully accept it is by making a binding declaration of will. For this to be wholly legal, the person concerned must be fully, truthfully and directly
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international C onference on H ealth law informed of all factual circumstances concerning subsequent treatments. One of the fundamental acts regulating this issue on European soil is Oviedo Convention, containing regulations of various aspects of bioethics. The Article 5 states, that “An intervention in the health field may only be carried out after the person concerned has given an informed consent to it”. It gives patients one of their most basic rights, and that it why the provisions introducing it to the legal systems have been introduced in most democracies. In Poland, there are many acts regulating this matter. The most prominent one is the Constitution of Poland, that in the article 51 states: “No one may be obliged, except on the basis of statute, to disclose information concerning his person.” The person’s autonomy to control all private data (including medical one) is a legal principle to which all lower-tier regulations adhere to. This rule is further developed by more specialized statues, ranging from the Act of Health Care Facilities to the Medical Profession Act.
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For the purpose of this short article, I shall not delve deeply into regulations adopted in every one of these acts, but try instead to create an open catalogue of rights most patients have grown accustomed to. Every person has a right to information concerning the state of their health, diagnosis, proposed and available ways of therapy, foreseeable complications of both initializing a treatment and refraining from it, results and expectations concerning ongoing hospitalization, and prognosis for the future. Every doctor should respect patient’s right to conscious participation in medical process. Informing a patient about aforementioned issues is not only a legal obligation, but also an ethical one. It stems from the most fundamental rights protecting the sanctum of a body and every person’s right to make autonomous decisions. The regulations concerning this matter seem straightforward and simple. By now, everybody should concur that the right to information is a necessity in every potential relation between a patient and a doctor. On the other hand, what if a patients’ state is so fragile, that unpleasant prognosis may
be a factor that contributes to further deterioration of their health? Where is a border between doctor holding the information back and being overly direct in handling of his diagnosis? There are no simple answers to these complex questions. Many physicians believe that they should keep their behavior consistent with letter of the law, to protect themselves from any potential suits. Others, realizing the harm that inadequately passed information may bring, try to minimize its negative impact. Medical personnel in their day-to-day work is always walking a fine line, trying to keep in mind both strict legal regulations and interest of patients. It is everybody’s hope that patient’s interest shall always prevail. During the Conference, we have also started a fascinating discussion concerning the protection of our genetic make-up data. The new century has brought us innovative development concerning our understanding of human genome. We can now examine it far more accurately than ever before, delving into most basic structures of our body, finding our weaknesses and strengths, and – with proper understanding – glaze into some aspects our
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international C onference on H ealth law past and our future. I shall elaborate on this aspect of the matter – what impact does possessing this information can have on our lives? In Poland, it is possible to make simple genetic tests without any interference from the state. Our legislature has not yet taken any decisive steps to control this activity. If it is one’s wish, one can conduct an anonymous genetic test of any sample you submit. The results may never be admissible in court, but be that as it may, they can be used to devastating effect on many occasions. During our Conference we discussed its application in private paternity tests and in insurance sector. With the widespread development of private testing firms, the number of conducted paternity test has skyrocketed. But what it means for an average family? Depending on the survey, from 5 to 30 percent of the children are born out of the wedlock. The guiding principle of the Family Law has always been protection of child’s welfare. Would every father care for illegitimate child in the same way as if it was his own? How many families would be split, unable to bear the constant reminder of betrayal?
There is also another situation, in which information about our genetic code can be used. If insurance companies possessed that sensitive data, they would be able to tell which diseases we are susceptible to, what kind of illness we could possibly have in the future and… even our approximate age of death. It would allow them to prepare personalized profiles for all of us, creating an insurance offer maximizing their own possible profit, at the expense of ours. The Supreme Court of Poland has ruled that the genetic analysis has to be made with consent of the person, whose sample is being analyzed. But without government’s monitoring of this grey area, nothing will change. It is possible that one day we will become victims of our own
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I hope that this article has shown you how interesting and diverse different aspects of Medical Law are.
shortsightedness, not regulating this extremely sensitive branch of medicine when we still had a chance. I hope that this article has shown you how interesting and diverse different aspects of Medical Law are. It is my belief, that our rights to obtain, protect, and freely share information concerning our health and genetic make-up data will become more significant in years to come. Even in Information Age, let us not become arrogant and be lured into false sense of security. We should still consider the wisdom of Horace’s words.
Jakub Sekulski Assistant for International Focus Programme ELSA Poznan
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IFP Newsletter
R efundation of pharmaceutical products
Drug Wars*
*Refundation of pharmaceutical products in Poland http://www.flickr.com/photos/_belial/2373080347/
I
’m binding my professional future with pharmaceutical and competition law, so the current IFP topic “Health Law” is really close to me. Before I became VP S&C of ELSA Poland, I used to be VP S&C of ELSA Warsaw, where I have had an opportunity to coordinate couple of conferences strictly connected to medical and pharmaceutical law. Those topics became in perspective of many new regulations and novelizations in polish
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law during this and previous year very hot topics in media and raised many controversies.
conferences met such a big interest of students, university employees and professionals.
While organizing those events, our major principle was to ensure maximal plurality of points of view through inviting representatives of Ministry of Health, pharmaceutical companies, members of MD and chemist organizations and lawyers specializing in the topic from top law firms like DLA Piper and Bakker & McKenzie.
The world of pharmaceutical law in Poland is very vast and complicated, scattered in many legal acts, from which the most importnatis Pharmaceutical Law Act from 2001.
My aim in this article is not to show you the process of organizing such event, but tocharacterize the legal problem, which made our conferences so on time and try to explain why those
Compared to other European countries, costs of production and distribution of pharmaceutical products in Poland are still very low which follows-up a very fast development of the drug market, both in the matter of generic and innovative pharmaceuticals, and makes Poland very attractive for new – mostly foreign entrepreneurs.
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R efundation of pharmaceutical products Due to the good economical situation many top branch magazines predict that in the next few years Warsaw will become a biotechnological “silicon valley” of Europe.
and abatements on a product till the end o 2011.As a result better pharmaceuticals were in a financial reach of patients, who without those facilities could never afford those products.
character and refers only to refundable products, which forces the entrepreneurs for seeking of new trade-marketing ways in respect to that group of products.
This article concentrates on a very vital matter, both from the point of view of entrepreneurs (pharmaceutical concerns, drug warehouses, pharmacies) and patients (common people grappling day after day with their illnesses). Refundation is an institution which idea is to decrease the price of specified products through the participation of the State Treasury in the payments (National Health Fund is responsible for proper refundation and health insurances in Poland).
Unfortunately, the new regulation brought in solid prices and margins, which could only be changed through administrative decision. The period of considering the application is from 30 to 90 days. What is worst, even voluntary changing the price on lower is forbidden. The idea was to stop so called “price tourism”, an unproven phenomenon that people travel to other cities and countries only to buy a specified drug for a lower price.
Legal changes mentioned above are only a small part of this enormous act and the struggle between the National Health Fund, patients and pharmaceutical companies still takes place. Fortunately, the government started to notice its faults and projects of regulations which would novelize the current act are in progress.This does not solve the problem for now, but it is a good sign that in the nearest future the system of drug refundation is going to change for better.
On the 1st of January 2012 the new Refundation Act, which raised many controversies and remonstrance’s of MD, chemist professionals, paients and lawyers, got into effect The main ratio legis of this Act was a complex concentration of the refundation regulation in one document and to improve it on a basis of legal solutions from other European countries; to reduce expenses of the National Health Fund and to boost the availability of refundable pharmaceutical products on the market. Unfortunately, the social negotiations failed and a new legal Act, deeply misconceived, complicated, written in abstruse and obscure language and denying the transparency directive, got into effect. Those solutions, which were hitting every participant of refundable pharmaceuticals market in Poland, were called by the media as comparable to those which functioned in socialism. I will try to concentrate on the most vital changes flowing from the new regulations. There was a system of maximal prices on refundable drugs in result of what the entrepreneurs could freely manipulate with the price through promotions, discounts
This regulation is pathological because it prevents the entrepreneurs from efficient adjusting to the changing market and forces them to predict the changes in their sales politics for at least 2 months forward. Following articles forbid any discounts, abatements, donations, encourages and inconsistent contractual provisions justifying it with its “corruption conductive character”. What are the consequences? It is impossible to counteract the income decrease of pharmaceutical warehouses through granting discounts and abatements by a pharmaceutical company. What is more, it is impossible to lower the prices for patients.
Pharmaceutical law is a very complicated and socially important discipline strictly dependent to the market in which even smallest changes have an huge reflection on the society. This implicates a need and duty for the legislator to create law regulations friendly not only to the system, but above allfriendly for the patients and economics.
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In the matter of donations it is worth to mention that thereis being organized an enormous charity event every year in Poland. This event is collecting millions of euro to buy modern medical equipment for heavily sick children. But following the literal interpretation of these regulations, this initiative should be forbidden as illegal. However, the prohibition of encouragements has an objective
We are all just human, we have to care about our health and everyone sometimes need to take medicines. Because of universality of this aspect, health law will always be a hot and also important law topic to discuss.
Christopher Kumala Vice President for Seminars & Conferences ELSA Polamd
IFP Newsletter
1st Annual International Conference in Leicester – 1st-3rd March 2012
The first time experience “Big Pharma vs. The People - right to access essential medicines vs i ntellectual property rights”
T
he International Conference “Big Pharma vs The People: Right to access essential medicines vs intellectual property rights” was the first International Conference hosted by an ELSA UK Local Group. In this two-day event about twenty ELSA Members from across the UK and Europe (including Poland, Italy and the Netherlands) had the chance to learn about the connection between human rights and IP law in the field of Health Law. More specifically, students were given the opportunity to learn about the relationship between the right to access to essential medicines of individuals (and in particular of those from developing countries) and the intellectual property rights that pharmaceutical companies hold for their products. Some of the questions that where IFP Newsketter
discussed were: is there a right to access fundamental medicines? Does this right trump IP rights? What is the relationship between international trade regulation and the right to health? The event was divided in two parts. The first part had the objective to give the participants an introduction to the issues of global health and the international protection of intellectual property. The second part was constituted of a final roundtable where speakers gave different perspectives on the issue of human rights and patents rights. On the first day, following the arrival of the participants, a short tour of the City and of the University of Leicester was given. Later that day, participants attended the first part of the academic programme where they were introduced to the issues of global health. The session was followed by a mock debate where participants were divided in teams and discussed whether pharmaceutical companies should be allowed to make great profits from the sale of medicines in developing countries or not. During the morning of the second day, Professor Gianluca Contaldi of
the University of Macerata (Italy) gave an introductory lecture on the international protection of intellectual property rights, with particular regard to the pharmaceutical industry. In the evening the event was opened to the public and more than 80 students gathered to participate in the final conference. Overall, the event was a success and the feedback forms were very encouraging. Because it was a first time experience for our Local Group, many things could have been improved. Many of the issues that we had were then discussed at the Board Meetings and during the Transition and we certainly hope that next year’s event will be even more successful.
Siddhart Fresa President ELSA Leicester 2011/2012
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media law as a future focus
http://www.flickr.com/photos/sull3n/4178929728/
Media law as a future focus The new topic for the International Focus Programme was chosen at the International Council Meeting in Batumi, Georgia, in November 2012.
I
t was a sunny and hot August day when call for the next IFP topic was sent to ELSA Officecrs all around Europe. I saw the email and started to think about a potential topic for the International Focus Programme... 28
...A topic that could have been considered versatile, internationally relevant, with a big academic potential. I was thinking and probably in the first 10 minutes „media law“ came to my mind. As my exam period was in a few days, and civil law book was next to me, I immediately stopped thinking about it and decided to learn, instead of fulfilling the application form for the IFP proposal. But the little worm in my brain didn’t leave me in peace and I was thinking about this topic constantly. The day before the deadline for
submitting applications expired I was pissed off that I cannot stop thinking about it and I submitted application for the topic that will be in focus of 38 000 students during the upcoming period, starting with 1st of August. This is why I never regretted that still now I didn’t pass my exam in civil law. Why media law? Today, when we are living in modern Internet society and Internet has become the first source of information and when we all are potential creators of media IFP Newsletter
media law as a future focus
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“Because of its huge filed of interest, it interferes with various scientific disciplines and fields of law as sociology, politics, ethics, constitutional law, international law, internet law, entartainment law, etc.” content, the request for establishing of the common legal framework for meda is needed more than anytime. But not only Internet communication needs legal regulation. We still have print medias as newspapers and magazines, we have telecommunications and we have television and radio broadcasting and in all this areas regulation is needed in order to highlight the responsible role of the media in today’s world full of information and to safe at least minimum of legal and ethical principles in it. How can we define the area? The most basic and most broadly definition is that media law is an area of the law which covers media communications of all sorts and sizes. There are three general areas of interest within media law. The first is print media, including newspapers, magazines, print advertising and so forth. The second is telecommunications, including radio and television broadcasting. Finally, digital communications and Internet are a broad field within media law, and as Internet evolves, this frontier is con-
IFP Newsketter
stantly changing. The main focus of media law is the fundamental role of the media in democraticsystems and legal standards for the protection of freedom of expression, right to access to information and privacy. Media law has important role in establishing rules of conflict between freedom of expression and other human/constitutional/civil rights and
“The main focus of media law is the fundamental role of the media in democraticsystems and legal standards for the protection of freedom of expression, right to access to information and privacy.”
freedoms, or rights of personality as privacy, reputation, honor, the right to their own image, etc. Also, today when we are living in Internet society and when there are around 325 billion websites and around 100 000 tweets per second there is a need for the protection of democracy, human rights and rule of law in the online media. Because of its huge filed of interest, it interferes with various scientific disciplines and fields of law as sociology, politics, ethics, constitutional law, international law, internet law, entartainment law, etc. This will make this topic attractive amongst students and professionals of different profiles and it will keep the topic interesting during the whole period of its implementation in the Network. The international and european legal basis for media law is information and consequently there are only few relevant documents from that we derive general principles and rules for dealing with media law related cases. Currently, the most important role in
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media law as a future focus
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I feel, that after 32 years of our hard work, we reached the stage where we are ready for this. this matter is covered by the European Convention for the Protection of Human Rights and Fundamental Freedoms, especially articles 8 (right to respect for private and family life) and article 10 (right to freedom of expression). Besides Convention, in recent years, the Council of Europe has prepared a number of treaties, mostly dealing with protection from crimes committed abusing the Internet. This is understandable if we have in mind that Internet has become the biggest media that enables people to access billions and billions of information anytime they want and increasingly, it requests regulation and protection of users. Some of them are Convention on Cybercrime, the Convention on Prevention of Terrorism and the Lanzarote Convention for the protection children from sexual abuse. But the courts are ones that so far have played the most important role in interpretation and with their decisions they are creators of various principles for media law. Especially the European Court of Human Rights and the European Court of Justice. Sometimes they were dealing with cases of famous public persons, what for sure contributed to raising awareness on media law. One of the most popular cases was one where Caroline von Hannover, the eldest 30
daughter of Prince Rainieri III of Monaco, wanted to prevent publishing her photographs in the German press. The German Constitutional Court ruled that there was no breach of privacy as Caroline, Princess of Hanover, was a public figure, but the ECHR recognizes that “the protection of private life has to be balanced against the freedom of expression guaranteed by Article 10 of the Convention”, emphasizing at the same time that “the present case does not concern the dissemination of “ideas”, but of images containing very personal or even intimate “information” about an individual”. As mentioned above, legal basis is in its formation and this is an extraordinary opportunity for our Network to give its contribution to it with all its available possibilities. I feel, that after 32 years of our hard work, we reached the stage where we are ready for this. Finally, for the IFP topic is also very important to have potential for sponsorhips and partnerships and also to be interesting enough for officers and members to organize events related to it. With this topic, I’m sure, we will attract a big number of sponsor and partners at all levels. The topic is relatively new and it is more and more in the focus of public (some events as
“Wouldn’t it be great if our national news media had standards as high as the National Football League’s?”
and their reputation in something that is not so “hot” as media law is now and it will be in upcoming time. Also, for members and our colleagues on the faculties, the topic shall be very interesting because in most of european univerities there is no special curricula in media law and students don’t have a lot of opportunities to discuss or learn about this topics. American radio talk show host and political commentator Rush Limbaugh said: “Wouldn’t it be great if our national news media had standards as high as the National Football League’s?” With this quote I would like to invite all of you to prepare for implemenattion of the next IFP topic and to show the power of our Network during the period of its implementation by organizing various activities that will lead to contribution of legal education and establishing of the common legal framework in this area.
Marko Dolonec Assistant for Media LawProgramme ELSA International
Arab Spring and Wikileaks affair contributed that it becomes very interesting) and sponsors and partners could be more eager to invest in something new, in creating of new knowledge and legal basis, than spending money, time IFP Newsletter
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ifp F I N A L C O N F E R E N C E
Final International Focus Programme Conference From the 8th-12th of May 2013 Final IFP Conference on Health Law will we held in Gdansk, Poland.
S
ince ELSA International introduced the International Focus Programme for the first time, it has taken various forms and has raised several important issues as well.
This year, for the last time, we will take up on the topic of Health Law. ELSA Gdańsk – a Local Group of ELSA Poland enthusiastically and with pleasure replied to the International Board’s call for organizing the Final IFP Conference. The conference will take place at the University of Gdańsk between 8th and 12th of May 2013. Health Law itself is a wide branch divided into numerous small ones referring to healthcare, sanity, public health, medical technology development and more. During a debate, these topics should be reduced to 32
certain specific issues, so that the crux would not be overwhelmed by an overly broad approach. The topic of Health Law is a global matter, as the international regulations more and more frequently interfere with this area of law. However, it is also important in the national field – each country governs the legal aspects of medicine in its own, unique, manner. The way and the form of governance expose the accurate model of the current Health Law condition. We live in the times when globalisation and the proceeding integration of European countries oblige us to perceive Health Law from this angle as well. The development of medicine, research on the new technological solutions and changes in social attitude to the public and private health make us willing to look to the future in the context of current legal governance and incidents in the changing world of law and medicine. ELSA Gdańsk, considering these issues, proposes you to notice the legal and medical adjustments of the pharmaceutical law, the cosmetics law and the malpractice in May
2013. These three thematic panels will attract the attention to the issues of recently highest significance.
“we form a creative, forceful, well-knit and greatly organised team, perfect for the realisation of numerous initiatives having both national and international nature.” We are experienced in organizing such events. Acting since 1989 and being one of the strongest Local Groups of ELSA Poland, we form a creative, forceful, well-knit and greatly organised team, perfect for the realisation of numerous initiatives having both national and international nature. The strength of our Local Group is particularly noticeable
IFP Newsletter
ifp F I N A L C O N F E R E N C E
regarding two previous international projects held in Gdańsk: The International IFP Conference- "Main trends in Intellectual Property Law", which happened in May 2009 and the International Conference on the Law of the Sea - Global Ocean Governance: “From Vision to Action", which took place in February 2011. These projects were enthusiastically welcomed by students and the academic environment – professors and practitioners. Being experienced in organising IFP conferences, we look forward to repeating the success of the year 2009 and giving you an amazing time full of thematic lectures and discussions as well as wonderful memories. To achieve this goal, we will invite prestigious lecturers from the best European departments of law and medicine. We will bring up the most important matters of Pharmaceutical Law, Cosmetics Law and the malpractice. The form of the conference requires an active discussion between
IFP Newsketter
lecturers and participants. After each part of lectures we will encourage you to pose questions and converse. We believe that this way everyone will be able to distil from the presented contents as much as wished and exactly what is found interesting. We hope that the conference in Gdańsk will become lifeblood for the further work on the topic of the medical law and a source of thoughts for participants. After the lectures we will not be lacking time for spending entertaining moments in charming Gdańsk, and for the final day we prepared a gala ball during which we will officially conclude the conference and encapsulate each of its days. We hope that this finale will also strengthen the positive memories about the conference. The ball will take place in one of the most recognisable old cities in Europe, in a place of beautiful history, dating back to the early medieval times, in a place where “Solidarity” was founded and where the process of terminating the communism in Poland started. The charm of this old city will surely attract you.
According to the things said, having in mind the importance of the topics being mentioned on the conference and the fact that IFP is a programme of the entire ELSA Network, we wholeheartedly invite you all to Gdańsk!
Krzysztof Szulc President
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ELSA Gdansk
Do you want to know more?
Contact: gdansk@elsa.org.pl
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LIST OF IFP EVENTS IFP EVENTS 2011-2012 ELSA Croatia
- ELSA Brno, Summer Law School on “Health Law”, 04/09/2011 - 09/09/2011 - ELSA Czech Republic, Legal Workshop “Damages and compensation in Health Care in Czech Republic”, 04/11/2011 - ELSA Czech Republic, National Essay Competition “Damages and compensation in Health Care in Czech Republic”, 01/12/2011 - 17/04/2012 - ELSA Olomouc, Conference “Patients’ Rights”, 20/06/2012 22/06/2012 - ELSA Prague, Seminar “The legal regulation of the medicine advertisement”, 29/11/2011 - ELSA Brno, Moot Court “Health Law and Protection of personal Rights”, 17/04/2012
legislation”, 23/11/2011 - 22/11/2012 - ELSA Trieste, Mid Evaluation Conference “Health Law & Human Rights”, 16/04/2012 - 22/04/2012 - ELSA Torino, National panel discussion “How you measure a human life? Euthanasia. The border between science and ethics”, 24/11/2011 - ELSA Palermo, Conference “Which right on our body”, 30/11/2011 - ELSA Torino, Conference “The Right to Health”, 03/10/2011 - ELSA Ferrara, Conference “The claim for biological damages”, 18/10/2011 - ELSA Cosenza, Conference “Medicine and Life. Euthanasia: between the right to life and the right to die”, 21/12/2011 - ELSA Firenze, Seminar “Bioethics between legal and medical avanguards”, 01/12/2012 - ELSA Trento, Lecture “ Law and Stems Cells”, 23/11/2011 - ELSA Padova, Seminar “The Health Situation of Convicts”, 15/05/2012 - ELSA Milano/ELSA Castellanza, Seminar “Euthanasia: it is possible to choose until the end?”, 16/04/2012 - ELSA Sassari, Conference “Organ donation: legal and scientific aspects”, 28/05/2012
ELSA Finland
ELSA Norway
- ELSA Helsinki, Health Law Week (Study Visit and Seminar), 15/11/2011 – 18/11/2012
- ELSA Bergen, Institutional Study Visit to India (IFP programme), 28/08/2011 - 10/09/2011
ELSA Germany
ELSA Poland
- ELSA Dresden, Lecture “Euthanasia”, 12/06/2012
- ELSA Opole, Seminar “Patients Right – Paragraphs in Medicine - Patients Right in Everyday Life”, 09/11/2011 - ELSA Poznan, Seminar “Right to information about the state of health”, 07/12/2011 - ELSA Warsaw, Seminar “Problems with new law about the reimbursement of medicines”, 23/03/2012 - ELSA Warsaw, Conference “The mistake in medical art – legal regulations”, 07/03/2012
- ELSA Zagreb, Lecture and Institutional Study Visit to Psychiatric Hospital “VRAPČE”, 25/01/2012 - ELSA Zagreb, Panel discussion “Patients’ Rights”, 03/05/2012 - ELSA Zagreb, Essay Competition “Crisis in health care: myth or reality”, 03/05/2012 - ELSA Osijek, Panel discussion “Euthanasia”, 18/05/2012 ELSA Czech Republic
ELSA Italy - ELSA Italy, National Essay Competition on Health Law, June October 2012 - ELSA Trento, Legal Research Group and Publication “Stem cells between law and science: freedom of scientific research and
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ELSA Portugal - ELSA UCP Lisboa, Conference “Euthanasia: A legal or ethical problem?”, 16/11/2011 - ELSA Uminho, Seminar “Legal Forensics Science Course”, 7-89-13/03/2012 - ELSA Uminho, Conference on “Profiling”, 21/03/2012 - ELSA Coimbra, Seminar “Legal liability in Medical Practice and health Law”, 23/04/2012 ELSA Romania - ELSA Bucharest, National seminar “Patients’ Rights”, 12/12/2011 - ELSA Bucharest, Lecture “Health system in Romania. Challenges and perspectives”, 12/12/2011 - ELSA Galaţi, Seminar “The liability for the medical errors”, 21/11/2011 - ELSA Galaţi Panel discussion “ Drugs - A scourge of the modern world”, 18/05/2012 - ELSA Arad, Seminar “Euthanasia and its hidden aspects”, 04/04/2012 - 05/04/2012 - ELSA Timisoara, Lecture “Romanian patients - European Citizens”, 20/03/2012 - ELSA Cluj Napoca, Lecture “A legal remedy for the medical system of Romania”, 05/04/2012 ELSA Slovakia - ELSA Banská Bystrica, Lecture “Health Care”, 25/10/2011 - ELSA Košice, Lecture “Health Care vs Law”, 10/10/2011 - ELSA Bratislava, Seminar “Amendment of Labour Code”, 12/10/2011 ELSA Turkey - ELSA Istanbul, Conference “Health Law Days”, 24/04/2012 ELSA Ukraine - ELSA Ostroh, Lecture “Health Law & Ethics”, 25/02/2012 - ELSA Poltava, Panel discussion “Health Law”, 25/02/2012
IFP EVENTS 2012-2013* ELSA Czech Republic - ELSA Brno, Seminar “Patients’ rights to information”, 24/10/2012 - ELSA Prague, Lecture “Legal and ethical aspects of informed consent”, 08/11/2012 ELSA Germany - ELSA Greifswald, Lecture “Euthanasia, 05/12/2012 - ELSA Augsburg, Seminar “Health Service - Quo vadis?”, 01/12/2012 - 04/12/2012 - ELSA Bayreuth, Seminar “Patients’ Rights”, 04/11/2012 06/11/2012 ELSA Italy - ELSA Trento, National Conference “Beyond legal borders: new challenges in the research on stem cells”, 22/11/2012 - ELSA Taranto, Conference “Living will and protection of physical integrity”, 15/11/2012 - ELSA Taranto, Conference “End of life: ethical and legal issues”, 16/11/2012 - ELSA Sassari, Conference “Right to health: the condition of prisoners”, 14/12/2012 ELSA Norway - ELSA Bergen, Institutional Study Visit to Brazil (IFP programme), 28/08/2012 - 09/09/2012 ELSA Romania - ELSA Sibiu, Legal Debate “Assisted Euthaniasia”, 14/11/2012 - ELSA Cralova, Panel discussion “Trafficking in organs and human beings”, 19/11/2012 - ELSA Brasov, Seminar “Murder-juridical approach, psychological, criminological and political”, 13/11/2012 - 15/11/2012 ELSA Spain - ELSA Valladolid, Conference “Days of Health Law”, 28/11/2012 - 30/11/2012 ELSA Sweden - ELSA Uppsala, Visit to the Red Cross and lecture, 22/11/2012 - ELSA Gothenburg, Lecture “Patients’ Rights”, 19/11/2012 - ELSA Umeå, Lecture “Human trafficking”, 22/11/2012 * events that ELSA International has received information about
IFP Newsketter
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