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This chapter situates the results of the book in the wider context of the EU enlargement process and international LGBT politics. The chapter first summarises the key findings of the empirical material – namely that the EU enlargement process should be thought of as a political process in which the combination and imbrication of domestic and international politics produce outcomes that the dominant approaches in the Europeanisation literature cannot fully explain. In short, the domestic responses to EU enlargement are not simply a product of domestic hegemonic struggles as these do not occur in isolation but are the result of the specific configuration of the different scales of the political integration process and their associated politics. It is further highlighted that EU policies and/or norms cannot be viewed as given (or fixed), but that it is through their particular usage within a transnational context, and the interaction between domestic and international politics, that the meaning of these policies and/or norms are negotiated, (re)defined and reinterpreted. As such, the argument is made for a more critical analysis of the civilizational politics embedded in the EU enlargement process: that future research must go beyond institutional changes to included specific transnational configurations of politics and the complex (negotiated) outcomes they produce. Next, the chapter situates these findings beyond the European context and reflects on their wider implications on the global politics of LGBT equality and how international actors can engage with local struggles for LGBT equality.
In this chapter we explore a range of ethical and legal dilemmas at the end of life. From mercy killing to involuntary euthanasia to assisted dying we consider the legal approaches to protecting dignity, autonomy and reverence for life in decisions about death and dying.
This chapter looks at the doctrinal principles of clinical negligence. The civil law of negligence is designed to provide compensation for one individual injured by another’s negligence. Clinical negligence involves certain special factors.
In this chapter, we examine how (outwith the context of transplantation) English law regulates the removal, retention and uses of human body parts and we consider briefly how far (if at all) we own our own bodies. We examine the relevant provisions of the Human Tissue Act 2004 and the role of the Human Tissue Authority. In addition, we address some aspects of the role of the coroner, a key factor in the regulation of the use of bodies and body parts post-mortem.
During the COVID-19 pandemic, the pharmaceutical industry made unprecedented efforts to collaborate and work in the public interest to develop novel treatments, diagnostics and vaccines. But a long history of opacity, competitiveness and catastrophes mean there is much ground to make up. Starting with the thalidomide tragedy, a series of disasters taught us the painful lesson that drugs can be dangerous and their use must be paid for. This chapter considers routes to redress, focusing on negligence and the Consumer Protection Act.
Although it has been recognised that Belgrade Pride forced the topic of LGBT issues into the public debate and forced the state authorities to recognise the presence of LGBT lives, this chapter demonstrates how the history of Belgrade Pride has contributed to a transformation of Pride’s politics in Serbia. Overall, the chapter argues that the international context in which Belgrade Pride has been taking place has had several (unintended) consequences on the meaning of Pride for the local LGBT population. Contextualising the political meaning of Belgrade Pride in the EU’s approach to Pride – i.e. a litmus test for fundamental rights and the rule of law – it becomes clear that the inconsistency of EU pressure and the associated discontinuity of Prides has negatively impacted Pride’s potential to create visibility of LGBT people. The Pride bans, and the fact that international actors did not question the conditions in which Pride takes place, not only anchored Belgrade Pride in the realm of human rights, but also contributed to a dislocation of Pride, away from local LGBT people’s grievances. As such, the chapter argues that Belgrade Pride was voided of its transformational politics, while the Serbian state, in turn, stepped into the political vacuum to appropriate Pride. It used the event to promote its European character internationally, while domestically, the government uses Pride to emphasise the state’s power and sovereignty, while delimiting the possibility of creating meaningful visibility of LGBT people.
In this chapter we consider in particular: (1) The authority to carry out research on the human adult derives from that person’s consent. How satisfactory are the principles governing consent to participation in clinical research? (2) The law on medical treatment demands that the physician respects the confidences of their patients. How does this translate into medical research? (3) What provision does the law make for an individual suffering injury in the course of their participation in such clinical research?
This context-setting chapter examines aspects of medical practice including the tiers of medical regulation, governance structures with the health service and NHS reform and its impact on doctors.
This essay explores the conceptual and methodological contribution of a spatial understanding of labour law, examining the ways in which labour laws create sites of inclusion and exclusion that can be subverted by worker action. It argues that labour relations cannot be apprehended without considering their place in space. It further argues that labour laws tend to foster inertia within industrial relations by recognizing certain workspaces while failing to adapt to the dynamic geographies of the workplace. Methodologically, this implies a shift from a neutral discourse of rights to one that is anchored in social life where workers converge. This essay suggests that recognizing concrete and dynamic spaces of labour within legislation can lead to upholding diverse voices at work, especially from workers traditionally left in the margins, like women, minorities, and migrants.
This chapter considers the regulation of human fertilisation and embryology. It considers the Human Fertilisation and Embryology Acts and the role of the Human Fertilisation and Embryology Authority. It considers the regulation of treatment of people unable to have a child and assistance that can be given to those who could pass on serious genetic conditions to their children.
In this new chapter to the 7th edition, we consider the regulation of research on the embryo and its moral implications. We consider the benefits it has to offer and the limitations imposed in law.