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<strong>IFP</strong> <strong>Newsletter</strong> - January 2013<br />
International Focus Programme<br />
<strong>IFP</strong><br />
newsletter
“BIOTECHNOLOGY AND HEALTH CARE”<br />
DEADLINE FOR SUBMISSIONS<br />
22 ND OF FEBRUARY 2013<br />
WWW.<strong>ELSA</strong>-ESSAY-COMPETITION.ORG<br />
CMS_LawTax_CMYK_over100.eps
CMS_LawTax_CMYK_over100.eps<br />
ABOUT <strong>ELSA</strong><br />
<strong>ELSA</strong> International<br />
Phone: +32 2 646 26 26<br />
Fax: + 32 2 646 29 23<br />
E-mail: elsa@elsa.org<br />
The Association<br />
The European Law Students’ Association, <strong>ELSA</strong>, is an international,<br />
independent, non-political and non-profit-making organisation<br />
comprised and run by and for law students and young lawyers.<br />
Founded in 1981 by law students from Austria, Hungary, Poland and<br />
West <strong>Germany</strong>, <strong>ELSA</strong> is today the world’s largest independent law<br />
students’ association.<br />
<strong>ELSA</strong> Members x 35,000<br />
<strong>ELSA</strong> Local Groups x 240<br />
International Focus Programme<br />
The International Focus Programme (<strong>IFP</strong>) was introduced in<br />
1994 to provide the network with an opportunity to work together<br />
on a „hot legal topic“. In the <strong>IFP</strong> framework Local and<br />
National Groups work together with <strong>ELSA</strong> International and<br />
legal institutions to build a concrete knowledge base and to<br />
organize events, such as seminars, conferences, legal research<br />
groups, debates, moot court competitions, lawyers at work<br />
(L@W) events, publications and traineeships, which will have<br />
an impact on legal education, society and the international community.<br />
<strong>ELSA</strong> National Groups x 41<br />
<strong>ELSA</strong> International<br />
VISION<br />
"A JUST WORLD IN WHICH THERE IS RESPECT<br />
FOR HUMAN DIGNITY AND CULTURAL DIVERSITY"<br />
Corporate Partner of <strong>ELSA</strong><br />
Human Rights Partner of <strong>ELSA</strong><br />
<strong>ELSA</strong>’s Members<br />
<strong>ELSA</strong>’s members are internationally minded individuals who have interest for foreign legal systems and<br />
practices. Through our activities such as seminars, conferences, law schools, moot court competitions, legal<br />
writing, legal research and the Student Trainee Exchange Programme, our members acquire a broader<br />
cultural understanding and legal expertise.<br />
Our Special Status<br />
<strong>ELSA</strong> has gained a special status with several international institutions. In 2000, <strong>ELSA</strong> was granted Participatory<br />
Status with the Council of Europe. <strong>ELSA</strong> has Consultative Status with several United Nations<br />
bodies; UN ECOSOC, UNCITRAL, UNESCO & WIPO.<br />
<strong>ELSA</strong> is present in 41 countries<br />
Albania, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic,<br />
Denmark, Estonia, Finland, France, Georgia, <strong>Germany</strong>, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan,<br />
Latvia, Lithuania, Malta, Montenegro, The Netherlands, Norway, Poland, Portugal, Republic of<br />
Macedonia, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,<br />
Turkey, Ukraine and United Kingdom.<br />
English Language Partner of <strong>ELSA</strong><br />
Auditing Partner of <strong>ELSA</strong><br />
LLM Partners of <strong>ELSA</strong><br />
Marketing & IT Partner of <strong>ELSA</strong><br />
Media Partner of <strong>ELSA</strong><br />
<strong>IFP</strong><strong>Newsletter</strong> 3
Dear <strong>ELSA</strong> Friends,<br />
We are honoured<br />
to present<br />
you a new<br />
edition of the <strong>Newsletter</strong><br />
dedicated to our<br />
International Focus Programme,<br />
Health Law.<br />
Since 1994, <strong>ELSA</strong> decided that the<br />
best way to consolidate its work,<br />
in both practical and theoretical<br />
spheres, is to create a forum which<br />
allows continuity within <strong>ELSA</strong> and<br />
sets out a common goal for all <strong>ELSA</strong><br />
members to work towards.<br />
The focus on a hot legal topic is<br />
realised through the organisation<br />
of local, national and international<br />
events of different kinds in the<br />
Network, with the aim to raise the<br />
knowledge and the professional skills<br />
of law students, but also to increase<br />
the presence of <strong>ELSA</strong> in the academic<br />
world by showing ability to focus<br />
on and develop a certain topic with<br />
professionalism and creativity.<br />
After the first year of implementation<br />
of Health Law as International<br />
Focus Programme, <strong>ELSA</strong> International<br />
and <strong>ELSA</strong> officers all over Europe<br />
created a solid basis in terms of<br />
academic knowledge, materials and<br />
contacts. In the second year we assisted<br />
to a consistent increase of the quality<br />
of events and of the cooperation with<br />
general and project partners.<br />
In the following pages you will read<br />
about some very successful events<br />
that took place in the last months in<br />
our European Network and enriched<br />
the offer of the European academic<br />
panorama in the field of Health Law.<br />
These and other successful stories<br />
are the reason why we decided to<br />
dedicate this 2 nd edition of the <strong>IFP</strong><br />
<strong>Newsletter</strong> to the important results<br />
obtained by our officers. Behind<br />
every National Essay Competition, International<br />
Conference, Summer Law<br />
School or Study Visit, there is always<br />
a committed group of young law students<br />
that, starting from one good idea<br />
and a lot of motivation, decided to<br />
commit to contribute to the academic<br />
discussion in this field of studies.<br />
“We can witness not only<br />
a consolidation of the<br />
achievements of the<br />
previous terms, but<br />
also an increase of the<br />
number of projects and<br />
of the degree of professionalism<br />
and quality.”<br />
In this moment, when we are writing<br />
these words, we are in the middle<br />
of the third and last year of<br />
implementation of Health Law and<br />
we can witness not only a consolidation<br />
of the achievements of the previous<br />
terms, but also an increase of the<br />
number of projects and of the degree<br />
of professionalism and quality.<br />
This three-year strategy of implementation<br />
allowed also the improvement<br />
of external cooperation.<br />
Among all the external partnerships,<br />
we would like here to remember two<br />
strong supporters of <strong>ELSA</strong> activities<br />
in the field of Health Law: the Erasmus<br />
Observatory on Health Law, that<br />
played since the beginning an important<br />
role on the academic side of a lot<br />
of <strong>ELSA</strong> international projects, and<br />
the Council of Europe, especially the<br />
Department of the European Social<br />
Charter and the European Code of<br />
Social Security, which has always demonstrated<br />
a lot of appreciation for our<br />
activities and lately supported some<br />
legal research projects.<br />
Last but not least, our warm appreciation<br />
goes to the Director for<br />
<strong>IFP</strong>, Antonella Biasi, and the <strong>IFP</strong><br />
Assistants Iva Šimková and Diana<br />
Correia de Sá, who, together with the<br />
International Board, minded this edition<br />
of the <strong>IFP</strong> <strong>Newsletter</strong>.<br />
We hope that the sucesses reached will<br />
make you as proud as we are of the<br />
great work of the <strong>ELSA</strong> Network!<br />
Federica Toscano<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> International ‘12/13<br />
Zosya Stankovskaya<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> International ‘11/12<br />
4 <strong>IFP</strong><strong>Newsletter</strong>
Contents<br />
Foreword 4<br />
Contents 5<br />
18 years of <strong>IFP</strong> 6<br />
5 th <strong>IFP</strong> Essay Competition 8<br />
<strong>IFP</strong> Mid Evaluation Conference 10<br />
Summer Law School on Health Law 12<br />
06<br />
<strong>ELSA</strong> Coimbra Essay Competition 15<br />
International Conference on patients’ rights 16<br />
Study Visit to psychiatric hospital in Croatia 18<br />
<strong>ELSA</strong> Bergen’s study trip to Brazil 20<br />
Knowledge is power - conference in Poznan 22<br />
16<br />
Refundation of pharmaceuptical products 25<br />
First annual International Conference in Leicester 27<br />
Media Law as a future focus 28<br />
Final <strong>IFP</strong> Conference in Gdansk, Poland 32<br />
List of <strong>IFP</strong> events 34<br />
20<br />
12<br />
22<br />
<strong>IFP</strong>Newsketter<br />
<strong>IFP</strong><strong>Newsletter</strong><br />
5<br />
4
18 years of <strong>IFP</strong><br />
Lisbon 2008 gave birth to a new<br />
concept in our Network: the Strategic<br />
Goals. The International Focus<br />
Programme was not forgotten and<br />
was chosen to be one of the aims to<br />
reach until 2012. Strictly connected<br />
to our Philosophy – “to contribute to<br />
legal education, to foster mutual unhttp://www.flickr.com/photos/thomashawk/156398965/<br />
18 years of <strong>IFP</strong><br />
It is time to celebrate the existence of the International Focus<br />
Programme, implemented in 1994 by the International Board.<br />
Malta 1994:<br />
The International<br />
Board<br />
decided to propose the<br />
introduction of an International<br />
Focus Programme<br />
for the entire<br />
Network. Curiously,<br />
after 13 years of existence<br />
<strong>ELSA</strong> had to be<br />
challenged in order to<br />
improve!<br />
In the words of Martin Flink, President<br />
of the International Board during<br />
1994, “time has come for <strong>ELSA</strong> to<br />
take a step forward and show that we<br />
have a place in the international community.”<br />
Ten successful years have passed<br />
stimulating the Network to adopt<br />
and focus on important topics. During<br />
ICM Malta 2005 the Council adopted<br />
the International Focus Programme<br />
as an <strong>ELSA</strong> activity by introducing a<br />
specific part on the Decision Book regarding<br />
his implementation, duration,<br />
Final <strong>IFP</strong> result, evaluation and general<br />
responsibilities.<br />
From 2006 until 2007 we have celebrated<br />
the <strong>ELSA</strong> 25th Anniversary.<br />
The <strong>IFP</strong> topic also followed the general<br />
spirit of celebration among the<br />
network by choosing “25 years of Legal<br />
Development”. Once again the <strong>IFP</strong><br />
kept up with the general environment<br />
living through the network.<br />
6 <strong>IFP</strong><strong>Newsletter</strong>
18 years of <strong>IFP</strong><br />
derstanding and to promote social responsibility<br />
of law students and young<br />
lawyers”, the <strong>IFP</strong> have won an important<br />
place especially regarding the implementation<br />
of one of the core activities<br />
- Legal Education – “At least one<br />
<strong>IFP</strong> event per country per year should<br />
be organised.” In fact, it was not only<br />
one small step to <strong>IFP</strong> but also a giant<br />
leap for <strong>ELSA</strong>!<br />
By choosing one specific International<br />
Focus Programme <strong>ELSA</strong> is<br />
looking for a way to “have an impact<br />
on the environment we are living in”<br />
as it was settled in our Decision Book.<br />
The possibility to expand our range of<br />
partnerships it could be done by showing<br />
the society that we have a strong<br />
curriculum. This was established since<br />
the beginning: an International Focus<br />
Programme could add credibility to<br />
our association and give the opportunity<br />
to establish deeper cooperations<br />
with prominent organizations.<br />
Undoubtedly, the Intellectual Property<br />
Law seemed to be a very attractive<br />
topic when the Network asked to postpone<br />
the duration for one more year<br />
in 2009. Furthermore, a huge partnership<br />
was created with the International<br />
Trademark Association (INTA) allowing<br />
to have an Academic Partner for<br />
“By choosing one specific<br />
International Focus<br />
Programme <strong>ELSA</strong><br />
is looking for a way to<br />
“have an impact on the<br />
environment we are living<br />
in”<br />
http://www.flickr.com/photos/thomasthomas/268846488/<br />
the 2007-2010 <strong>IFP</strong>. This partnership<br />
disclosed to be not only an important<br />
partner for the concrete <strong>IFP</strong> but also<br />
because a life-time cooperation that<br />
still continues nowadays giving to our<br />
members extraordinary opportunities.<br />
“Health Law was<br />
elected as the <strong>IFP</strong> Topic<br />
at the International<br />
Council Meeting in<br />
Malta 2010”<br />
Health Law was elected as the <strong>IFP</strong><br />
topic at the International Council<br />
Meeting in Malta 2010. Health Law<br />
was the lucky number seven of <strong>IFP</strong><br />
topics in the history. Currently we are<br />
on the last year of the implementation<br />
and more than ever we are ready to<br />
start evaluating the achievements<br />
of this era of International Focus<br />
Programme.<br />
Evaluation has more consequences<br />
as we might think on the first sight.<br />
Internally, it will give the real picture<br />
of what the Network focused during<br />
this last three years and will contribute<br />
to show our strengths and weaknesses.<br />
It will also help us to think<br />
about the best Media Law strategy and<br />
especially if the <strong>IFP</strong> should be part<br />
of the new Strategic Plan for <strong>ELSA</strong>.<br />
Externally, the evaluations could<br />
help us to show a strong image as a<br />
committed network striving towards<br />
one goal. This could also help us not<br />
only to keep and to find more sponsors<br />
but also to consolidate our image<br />
at the Universities and to recruiting<br />
new members. 18 years of International<br />
Focus Programme it is definitely<br />
time to celebrate!<br />
Diana Correia de Sá<br />
Assistant for International<br />
Focus Programme<br />
<strong>ELSA</strong> International<br />
<strong>IFP</strong>Newsketter<br />
7
<strong>IFP</strong> Essay competition<br />
The 5 th International Focus Programme Essay Competition<br />
“Biotechnology and<br />
health care”<br />
<strong>ELSA</strong> International is proud to present the 5th edition of the International<br />
Focus Programme Essay Competition.<br />
The competition<br />
aims at contributing<br />
to legal<br />
education in the field of<br />
Health Law, increasing<br />
academic knowledge,<br />
ability of logical thinking<br />
and written legal<br />
English skills of European<br />
law students.<br />
For this edition, <strong>ELSA</strong> cooperates<br />
once more with its <strong>IFP</strong> Partner,<br />
the Erasmus Observatory on Health<br />
Law. Despite of providing one of the<br />
prizes for the winner, this renowned<br />
academic institution is responsible<br />
for advising <strong>ELSA</strong> International in<br />
choosing the topic of the essay competition.<br />
The evaluation of the essays<br />
will be also done by the experts in this<br />
fieldfrom the Observatory, assuring<br />
the aimed high academic<br />
quality of the winning essays.<br />
The competition is open to<br />
<strong>ELSA</strong> members and law students<br />
from universities or a law<br />
school located in a Member State of<br />
<strong>ELSA</strong> or of the Council of Europe.<br />
The topic of this edition is “Biotechnology<br />
and health care”. The<br />
essays should address the following<br />
question: “Biotechnology has made a<br />
huge difference in human health care<br />
and has now enabled scientists to develop<br />
products which can give quicker<br />
and more accurate tests, therapies with<br />
less side effects and vaccines which are<br />
safer than ever before. Although the<br />
advantages of biotechnological applications<br />
in healthcare seem to be evident,<br />
it also raises (new) legal concerns or<br />
challenges focussing on human rights<br />
in health care, and patenting products<br />
derived from the human body. What<br />
are the main issues and answers from<br />
a health law perspective”<br />
Launched on the 29th of November<br />
2012, the 5th edition of the <strong>IFP</strong> Essay<br />
Competition counts with the support<br />
of the European Social Charter of<br />
the Council of Europe that will publish<br />
the three best essays in its website.<br />
The winner of the competition will be<br />
“The 5th edition of the<br />
<strong>IFP</strong> Essay Competition<br />
counts with the support<br />
of the European Social<br />
Charter of the Council<br />
of Europe that will<br />
publish the three best<br />
essays in its website.”<br />
awarded with the tuition fee of Legal<br />
English course at the London School<br />
of English. The runner-up will receive<br />
the tuition fee of the Summer School<br />
on Health Law and Ethics in the Er-<br />
8 <strong>IFP</strong><strong>Newsletter</strong>
ifp essay competition<br />
asmus Observatory on Health Law,<br />
2013. The second runner-up will have<br />
free participation in the <strong>IFP</strong> Final Conference<br />
in Gdansk, Poland, May 2013.<br />
The new edition of the <strong>IFP</strong> Essay<br />
Competition brings exciting news!<br />
It counts with two new sponsors: the<br />
European Voice that will award the<br />
“<br />
“Do not miss the<br />
opportunity to take part<br />
in one of the most<br />
valuable competitions<br />
of the year!”<br />
winner with one-year subscription<br />
of its journal and ILEC Cambridge<br />
University Press that will provide the<br />
three winners with a Cambridge ILEC<br />
International Legal English book. 17<br />
Cambridge ILEC International Legal<br />
English books will be sorted by <strong>ELSA</strong><br />
International among the participants.<br />
Do not miss the opportunity to take<br />
part in one of the most valuable competitions<br />
of the year!<br />
Vasco Silva<br />
Vice President for<br />
Academic Activities<br />
<strong>ELSA</strong> International<br />
International Focus<br />
Programme Essay<br />
Competition<br />
“Biotechnology<br />
&<br />
health care”<br />
Deadline for<br />
submissions<br />
22nd of February<br />
Contact<br />
vpaa@elsa.org<br />
Website<br />
elsa-essay-competition.org<br />
<strong>IFP</strong>Newsketter<br />
“BIOTECHNOLOGY AND HEALTH CARE”<br />
9
<strong>IFP</strong> mid evaluation conference<br />
<strong>IFP</strong> Mid Evaluation Conference, Triest, Italy, 16th – 22nd April 2012<br />
“Mental Health &<br />
Human Rights”<br />
The Internatoinal Focus Programme Mid Evaluation Conference<br />
took place in Trieste, Italy, in March 2012.<br />
<strong>ELSA</strong> Trieste is<br />
a young Italian<br />
Local Group<br />
that loves pushing its<br />
limits. Deciding to host<br />
an International conference<br />
of such importance<br />
for the International<br />
Focus Programme on<br />
Health Law was not a<br />
random choice.<br />
Trieste itself as a city has had a primary<br />
role in the development of the<br />
Italian Legislation concerning Health<br />
Law in general and Mental Health in<br />
particular. And this is what firstly oriented<br />
the OC towards the topic Mental<br />
Health & Human Rights.<br />
The Conference focused on 4 days<br />
of lectures, debates, movies, cultural<br />
visits, artistic workshops and exhibitions.<br />
“Mental Health & Human<br />
Rights”, “Places of care and care of<br />
places”, “Law, Mental diseases and<br />
right to assistance”, “Mental diseases<br />
and medical treatment”, “People with<br />
mental diseases and the various situations<br />
of everyday life”were the main<br />
topics analyzed.<br />
“The venue The most<br />
famous and controversial<br />
former mental<br />
hospital in Italy: San<br />
Giovanni’s Park.”<br />
The venue The most famous and<br />
controversial former mental hospital<br />
in Italy: San Giovanni’s Park. For<br />
decades the place has been a closed facility<br />
for people affected by mental diseases,<br />
where patients were chained to<br />
their beds, segregated into their cells,<br />
into buildings surrounded by walls, set<br />
apart from the rest of the world and<br />
identified by their level and type of<br />
disease. This place is now a big public<br />
park, where mostly all of the old buildings<br />
still stand but were recently refurbished<br />
and converted into administration<br />
offices, healthcare departments,<br />
schools, exhibition and conference<br />
venues, bars, a theatre and large peaceful<br />
gardens.<br />
When I visited the Park for the first<br />
time, I felt overwhelmed by an uncountable<br />
number of emotions, ranging<br />
from anger to sadness, from melancholy<br />
to peace, from numbness to<br />
historical and legal awareness. Starting<br />
from the Conference, we developed the<br />
idea to build up a whole Festival based<br />
on the concept of these emotions,<br />
a Festival named “ELSWHERE”.<br />
ELSEWHERE considered the mental<br />
disease as a factor that affects the<br />
mind, the feelings, the actions of individuals<br />
in such a way that their social<br />
interaction gets problematic and<br />
10 <strong>IFP</strong><strong>Newsletter</strong>
<strong>IFP</strong> mid evaluation conference<br />
as a consequence it causes them pain.<br />
ELSEWHERE has been structured<br />
as a journey into inputs. This journey<br />
went through the creation of four<br />
main installations, planned in such a<br />
way to stimulate mainly the mind, the<br />
feelings and the actions: “I think”, “I<br />
hear”, “I try”, “I say”. Every and each<br />
one of these actions/steps was open<br />
to the public and it was up to the<br />
visitors to choose their own, personal<br />
journey inside the Park: from movies<br />
to exhibitions, from installations and<br />
workshops to<br />
debates with Medicine Students and<br />
lectures with Professors and Professionals.<br />
The event premiered on the 16th of<br />
April with the movie “There was<br />
once the City of the mad”, telling<br />
the story of Franco Basaglia, Italian<br />
psychiatrist, neurologist, reformer of<br />
Italian psychiatry and founder of the<br />
modern meaning of mental health,<br />
who has been director of the psychiatric<br />
hospital in Trieste. He was responsible<br />
for the introduction in Italy of<br />
the Law, usually called after his name<br />
Basaglia Act 1978, which introduced<br />
a great revision and major changes in<br />
psychiatric treatments.<br />
Some of the problems that were<br />
discussed during the academic programme<br />
were centred upon the fact<br />
that the psychiatric hospital in Trieste<br />
(as well as all the other hospitals in<br />
Italy) was indeed a city within the city,<br />
and the relevant legal provisions used<br />
to focus on the protection & safety of<br />
“healthy” citizens rather than on the<br />
health improvement of the patients.<br />
Before the Seventies, people affected<br />
by mental diseases were isolated from<br />
the rest of the world in order to prevent<br />
them from harming the population.<br />
Franco Basaglia, no matter if he<br />
was right or wrong, took a great step<br />
forward: he began his revolution by<br />
simply giving their belongings back<br />
to the patients, restoring their personalities.<br />
He allowed their “freedom”,<br />
meaning those people were also given<br />
back their rights and responsibilities.<br />
Many and various were the consequences:<br />
problems with institutions,<br />
with political interests and with the<br />
previous order of things. Patients who<br />
used to be isolated within the walls of<br />
the psychiatric hospital started to take<br />
acquaintance and awareness of reality,<br />
and the clash was inevitable. Lots of<br />
them committed serious crimes; some<br />
Chiara Gecele<br />
Position<br />
<strong>IFP</strong>Newsketter<br />
11
<strong>IFP</strong> mid evaluation conference<br />
“<br />
We hope that through<br />
this event we raised<br />
awareness on these<br />
themes in order to find<br />
the most human rights<br />
friendly solutions.<br />
others took their own lives. Nonetheless,<br />
when the psychiatric hospital was<br />
the only medical treatment known to<br />
Doctors, therapies ended up unavoidably<br />
in a mere confinement.<br />
Today, the Basaglia Act 1978 sets<br />
forth a system of provisions that focus<br />
on the whole city rather than on<br />
the hospital alone, on the person with<br />
his/her human dignity rather than on<br />
the disease, on personal relationships<br />
rather than on the single human being.<br />
As a consequence, psychiatric<br />
assistance is to be provided<br />
by Community Mental Health<br />
Centres, newly organized into departments,<br />
in order to ensure integration<br />
and connection between services and<br />
community resources. The construction<br />
of new mental hospitals is also prohibited.<br />
Compulsory treatments are to be<br />
exceptional interventions applied only<br />
when adequate community facilities<br />
cannot be accessed and when, at the<br />
same time, the patient does not accept<br />
a treatment outside of the hospital.<br />
This Act, which is a sort of hybrid<br />
Bill, leaves it up to Local Administrative<br />
Councils to plan (economically<br />
and logistically wise) and provide<br />
healthcare services for people affected<br />
by mental diseases. Regional Administrative<br />
Councils independently allocate<br />
and invest their own assets in the development<br />
of various local healthcare<br />
services: as a consequence, in the last<br />
20 years differences within Italian regional<br />
healthcare systems/services<br />
have strongly increased. This is a dramatic<br />
outcome and definitely a distortion<br />
in the application of the Basaglia<br />
Act 1978, if we think about criminal<br />
psychiatric hospitals. In Italy we still<br />
have six of such facilities, and the less<br />
funds Regions invest in proper healthcare<br />
services for people affected by<br />
mental diseases, the more the number<br />
of patients coming from those Regions<br />
and designated to those facilities in the<br />
(probable rather than possible) event<br />
they commit a crime, rises up.<br />
At the moment there is a big debate<br />
going on in Italy between politicians<br />
and public opinion: those criminal<br />
psychiatric hospitals will soon be<br />
dismantled (a law on the matter has<br />
been recently approved by the Italian<br />
Parliament). Nobody really knows<br />
what the effects of this Law will be<br />
in the next couple of years. We just<br />
hope that through this event we raised<br />
awareness on these themes, so that<br />
Lawyers and Doctors not only will be<br />
able to cooperate fruitfully but also will<br />
take into consideration comparing the<br />
legislations of the Member Countries<br />
(I’m talking about EU but also about<br />
<strong>ELSA</strong> Member Countries) in order to<br />
find the most human rights-friendly<br />
solutions.<br />
Chiara Gecele<br />
Director for<br />
Academic Activities<br />
<strong>ELSA</strong> Trieste 2011/2012<br />
12 <strong>IFP</strong><strong>Newsletter</strong>
summer law school<br />
Summer Law School<br />
on Health Law<br />
As far as I can remember,<br />
<strong>ELSA</strong><br />
Officers from<br />
the Czech Republic<br />
were dreaming about<br />
organising Summer<br />
Law School in their<br />
country. Therefore,<br />
when <strong>ELSA</strong> Brno decided<br />
to accept this<br />
challenge.<br />
We decided to dedicate our Summer<br />
Law School to Health Law because<br />
we wanted to support another<br />
<strong>ELSA</strong> dream – International Focus<br />
Programme.<br />
After months of preparations, hard<br />
work and mutual support, OC had<br />
the privilege to welcome participants in<br />
Brno, the Czech Republic. Health Law<br />
gathered together 21 students of law<br />
from Great Britain, Finland, Ukraine,<br />
Georgia, Hungary, <strong>Germany</strong> and of<br />
course Czech Republic. And the week<br />
of learning, friendship and fun began!<br />
We were very lucky to have great<br />
speakers on SLS. One of the most special<br />
ones was definitely Judith Munson,<br />
professor of Health Law from Chicago,<br />
USA. Mrs. Munson’s specialization<br />
is Public Health Law which is field<br />
of law focused on dealing with Public<br />
Health Emergency. We discussed<br />
many topics – pandemics, natural disasters,<br />
terroristic attacks –what is necessary<br />
to do in different situations and<br />
how to cooperate with WHO, EU and<br />
Red Cross. The fact that Mrs. Munson<br />
comes from Chicago made the discussion<br />
even more interesting as we could<br />
compare European and American regulations.<br />
<strong>IFP</strong>Newsketter<br />
13
summer law school<br />
We wanted to show our participants<br />
different aspects of Health Law and<br />
to experience Health Law in practise.<br />
For example, we made an excursion to<br />
the Department of the Forensic Medicine<br />
of Masaryk University where we<br />
had a lecture given by pathologist on<br />
topic of legal regulation of autopsies.<br />
What a fascinating and at the same<br />
time scary topic! After the lecture we<br />
had a chance to visit little museum of<br />
forensic medicine which was without<br />
doubt unforgettable experience.<br />
After lectures on Malpractice liability,<br />
Informed consent, Human<br />
cloning and much more, participants<br />
really appreciated relax in the form of<br />
movie. We watched “You don’t know<br />
Jack” – movie based on true story of<br />
Dr. Kervorkian, an American doctor<br />
who believed that every person has the<br />
right to die when he/she decides to.<br />
The movie shows how Dr. Kervorkian<br />
helped people with assisted suicide and<br />
raises many questions concerning euthanasia.<br />
I definitely recommend you<br />
to watch this movie regardless whether<br />
you are in favour or against euthanasia.<br />
Apart from academic programme<br />
there was of course social programme<br />
as well. We visited most<br />
important monuments in Brno, played<br />
bowling, went on trip to breath-taking<br />
chateau in Lednice and spent joyful<br />
night in wine cellar in Valtice.<br />
<strong>ELSA</strong> is trying to bridge theory and<br />
practise, and therefore we decided to<br />
organize little moot court at the end of<br />
the whole week and participants had a<br />
chance to try what they learnt in practise.<br />
They had to defend either doctor<br />
or patient in fictive case of medical<br />
malpractice. I have to admit that it was<br />
fun to see how not only knowledge but<br />
also argumentation skills are very important<br />
for lawyers.<br />
It’s hard to summarize this week<br />
which will forever stay in my memories<br />
for its provocative topics, incredible<br />
participants and very special<br />
atmosphere. Hereby, I would like to<br />
thank my OC members for their support<br />
and work. Thanks to you the<br />
dream became reality!<br />
Iva Šimková<br />
President<br />
<strong>ELSA</strong> Czech Republic<br />
14 <strong>IFP</strong><strong>Newsletter</strong>
<strong>IFP</strong> ESSAY COMPETITION<br />
Organised by <strong>ELSA</strong> Coimbra, Portugal:<br />
Essay Competition<br />
on Medical<br />
Responsibility<br />
<strong>ELSA</strong> Coimbra decided to organize an Essay<br />
Competition open to all European groups.<br />
After some discussions, <strong>ELSA</strong><br />
Coimbra agreed that the subject for<br />
this competition should be “Medical<br />
Responsibility” as a way to have<br />
another event on the International<br />
Focus Programme Health Law. During<br />
last term in office we had already<br />
organized another <strong>IFP</strong> event – a Seminar<br />
– where we had the opportunity to<br />
know some highly-qualify Professors<br />
in the Health Law area.<br />
That was how our partnership with<br />
one of the most renowned juridical<br />
institutions in Portugal came from:<br />
the University of Coimbra Biomedical<br />
Law Centre (CDB – ‘Centro de<br />
Direito Biomédico’). The partnership<br />
with ‘Centro de Direito Biomédico’<br />
was a singular opportunity for our<br />
Local Group: we discussed together<br />
the rules and regulations and received<br />
useful suggestions and advice. This<br />
partnership pushed us to the next<br />
level and allowed us to improve<br />
the quality of our events.<br />
In cooperation with our Marketing<br />
Department, we started to publicize<br />
the activity through printed posters<br />
and Facebook. Web–ads were<br />
used as a way to aid us in the publicity<br />
of the event (through University of<br />
Coimbra website and <strong>ELSA</strong> network).<br />
Students and graduates approached<br />
us in order to obtain more information<br />
about the activity. The <strong>IFP</strong> Essay<br />
Competition sooner became a<br />
powerful tool to promote our group.<br />
‘Centro de Direito Biomédico’ provided<br />
a jury - composed by three professors<br />
- to evaluate the papers delivered<br />
by the law students and young lawyers.<br />
This jury was specialized in this subject<br />
and had outstanding Resumes, reinforcing<br />
our belief in a just and proportional<br />
evaluation.<br />
The <strong>ELSA</strong> Coimbra Essay Competition<br />
Prize was very appealing<br />
- the winner would be admitted to a<br />
short-term course offered by ‘Centro<br />
de Direito Biomédico’ totally free. We<br />
believed that a great partnership and a<br />
fantastic prize would aid us in this challenge<br />
by attracting more participants.<br />
<strong>ELSA</strong> Coimbra were not expecting<br />
as many participants as other<br />
events can appeal. Since it was our<br />
first biggest event so far and facing the<br />
fact that we didn’t have much experience,<br />
for us it was a great opportunity<br />
to improve the quality of our events.<br />
We did not lose hope to organize more<br />
events in the future.<br />
Summing up, this Essay Competition<br />
provided us great experience,<br />
helping us to rise in the University of<br />
Coimbra as a recognized association<br />
that provides, among other things,<br />
the possibility to expand our juridical<br />
knowledge.<br />
Emanuel Barbeiro<br />
Vice President for<br />
Academic Activities<br />
<strong>ELSA</strong> Coimbra<br />
<strong>IFP</strong>Newsketter<br />
15
international seminar on patients’ rights<br />
1 st International Seminar on Patient’s Rights in Ostroh, Ukraine<br />
“We are all patients”<br />
Health law is<br />
the branch<br />
of law which<br />
concerns the prerogatives<br />
and responsibilities<br />
of medical professionals<br />
and the<br />
rights of the patient.<br />
This is a big issue in a<br />
post soviet cou tries as<br />
well as throughout the<br />
world.<br />
As a heritage of USSR we have a<br />
bureaucracy that is spread in medical<br />
field which is extremely unacceptable,<br />
because we are talking about human<br />
lives. In our opinion it should be<br />
a duty of today’s leaders not only to<br />
build the structure and establish the<br />
procedures that will constitute<br />
the health law and legal medicine<br />
of tomorrow, but also to respect humanity<br />
and to advance human rights.<br />
<strong>ELSA</strong> Ostroh offered an exciting<br />
academic program which was presented<br />
by the best specialists on Patient’s<br />
Rights.<br />
Academic Program:<br />
Medical Law and Ethics: General Characteristics<br />
of National Development Vectors<br />
Iryna Senyuta - Candidate of Law, Associate<br />
Professor, Lawyer, President<br />
of the All-Ukrainian NGO “Foundation<br />
of Medical Law and Bioethics of<br />
Ukraine”;<br />
Patient’s Rights and Vaccination<br />
Evgeniy Novitskiy - Representative<br />
of the Crimean Republican Charity<br />
Fund “Crimean World” and Head of<br />
the Law Enforcement Program in the<br />
sphere of Medical Law<br />
16 <strong>IFP</strong><strong>Newsletter</strong>
international seminar on patients’ rights<br />
Practice of the European Court of Human-<br />
Rights on Medical Cases<br />
Aigul Mukhanova - Legal Expert of<br />
Kharkiv Human Rights Protection<br />
Group<br />
Medical Insurance: some aspects of establishment<br />
and development in Ukraine<br />
Alyona Romanova - Lawyer of the<br />
Crimean Republican Charity Fund<br />
“Crimean World”)<br />
Preparation of the material for the expertise<br />
in medical cases. Forensic evaluation of the<br />
traces to obtain confessions.<br />
Nicolai Tagaev - Prof. of the Department<br />
of Criminal Law of Kharkiv National<br />
University of V.N Karazin, PhD,<br />
Associate Professor, Forensic Expert<br />
of the highest qualification category<br />
Human Rights in the sphere of Palliative<br />
Care<br />
Andiy Rohanskyy, Head of Public Organization<br />
“Institute for Legal Studies<br />
and Strategies”, lawyer, physician, MD<br />
Our special guest was a Dean of<br />
the Faculty of Law of the Istanbul<br />
Civilization University, Hakan Hakeri,<br />
prof. Dr. jur. Dr. h.c., which gave us<br />
a lecture on Offices of patient’s rights<br />
in Turkish hospitals.<br />
“We all are patients – we all should<br />
know how to protect our rights and<br />
“<br />
“We are all patients,<br />
we all should know<br />
how to protect our<br />
rights and lives”<br />
lives” Prof. Senyuta. Mrs. Iryna is one<br />
of those titans on the arena of the big<br />
fight for patients’ rights. She leads almost<br />
all specialists in our country even<br />
though she is only 30. Her lecture on<br />
legislation and court procedure was<br />
colossal. Also Mrs. Iryna brought a<br />
book on national and international legislation<br />
in a medical field; a CD with<br />
useful information and a present for<br />
the National University of the Ostroh<br />
Academy on the Health Law (full box<br />
of books) which we gave to the library<br />
so all students now have access to this<br />
literature.<br />
In Ukraine we do not have medical<br />
insurance or better to say – it’s<br />
not obligatory because we have social<br />
medicine. And the answer to the question<br />
whether its good or not gave us<br />
Alyona Romanova who has also told<br />
us about Life Will – which means that<br />
a patient can decide whether he accepts<br />
medical care or not ( which basically<br />
touches a topic of euthanasia, because<br />
the patient doesn’t let to treat himself).<br />
Emotionally the hardest lecture and<br />
the most stressful was the one on a Palliative<br />
Care. The speaker told the story<br />
of his life – sick daughter who was diagnosed<br />
with cancer, and how she suffered,<br />
how he being a doctor became<br />
a lawyer in order to protect his child.<br />
Palliative Care is a nightmare in Ukraine,<br />
because it’s something that do not really<br />
exist even though the right for life<br />
is stated in the Constitution, but every<br />
one of us asked ourselves – Why are<br />
there no such a right as – a right not<br />
to suffer.<br />
Prof. Hakan Hakeri gave a lecture<br />
on the offices of Patient’s Rights in<br />
Turkish hospitals which basically gave<br />
us a hint on how we can protect and<br />
help ordinary people and spread the legal<br />
information to our citizens.<br />
All the Speakers also asked for the<br />
contact of our participants and as I<br />
know so far they are contacting them<br />
if something on a Health Law topic is<br />
going to be organized. Our Speakers<br />
sent all of us their presentation so we<br />
can use it anytime and spread between<br />
other students.<br />
This seminar was very important<br />
to us, especially because it was our<br />
first event at the international level.<br />
We were very nervous and preparation<br />
for it lasted almost a year. Finally that<br />
big date came – May 25th. We did our<br />
best. Of course there were some issues,<br />
but we learned a lot from it and<br />
now we have something to be proud<br />
of. The best present for all of us were<br />
the big gratefulness from the participants<br />
which they are still sending to<br />
us from their hometowns and pleased<br />
faces of speakers which became our<br />
good friends now. Besides the great<br />
academic program we all could experience<br />
unforgettable <strong>ELSA</strong> Spirit!<br />
The venue of the event is the first<br />
academy of Ukraine, which was<br />
founded in 1576. Participants could<br />
fell the presence of the spirits in the<br />
old walls of the university and see the<br />
mystic painting and underground.<br />
All the participants were granted<br />
diplomas of participation in International<br />
Seminar on Patient’s Rights.<br />
We hope that we will see them all once<br />
again during our next project.<br />
Yulia Ivasiv<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> Ukraine<br />
<strong>IFP</strong>Newsketter<br />
17
The psychiatric hospital „Vrapce“<br />
in Zagreb is the biggest and the<br />
oldest hospital for mental diseases<br />
in Croatia with more than 130 years<br />
old history and tradition. From the<br />
very beginning in 1879 until today they<br />
have cared for the 150 000 people. Today<br />
their capacity is 881 beds divided<br />
in 11 wards. The hospital, due to its<br />
highly capable employees and tradiinstitutional<br />
study visit<br />
A chance to learn more about patients rights and Human Rights<br />
Study Visit to the<br />
psychiatric hospital<br />
In the past 3 years <strong>ELSA</strong> Zagreb has organized national Institutional<br />
Study Visit to the oldest psychiatric hospital in Croatia in order to<br />
implement <strong>IFP</strong> topic within as many activities as possible.<br />
We are glad that we<br />
can give opportunity<br />
to our members to<br />
see the way of life of patients<br />
and break all prejudice<br />
about them. They<br />
also have a chance in<br />
this short visit to learn<br />
a lot about legal protection<br />
of patients and encourage<br />
them on further<br />
research on this area.<br />
tion, occupies a central position in the<br />
development of psychiatric practice in<br />
Croatia.<br />
At each visit participants came up<br />
with a lot of questions and there<br />
is always discussion between participants,<br />
who are mostly law students<br />
and young lawyers, and head doctor<br />
and his assistants. In this article we<br />
would like to give an overview of the<br />
most discussed issues, biggest problems<br />
regarding people with mental<br />
disorders and some conclusions which<br />
arise from the discussion.<br />
First problem that always comes to<br />
our mind when we talk about people<br />
with mental disorders is protection<br />
of their fundamental human rights<br />
and their social integration before, during<br />
and after medical treatment. One<br />
can still feel centuries-old impact of<br />
stigmatization and rejection of such<br />
patients in the society. Therefore, participants<br />
are interested in the level of<br />
the protection of fundamental human<br />
rights and if there are some particular<br />
rights especially related to the patients<br />
in psyhiatric hospitals. Besides<br />
general instruments for the protection<br />
of human rights and fundamental<br />
freedoms, in the Republic of Croatia<br />
there are few special laws and instruments<br />
for the protection of the people<br />
with mental disorders. These are The<br />
law on the protection of persons with<br />
mental disorders, The law on patients’<br />
rights and also people with mental disorders<br />
are specially treated, because of<br />
their disease, in The Criminal law, The<br />
Law on the criminal procedure and<br />
in The Family law. In this laws is laid<br />
down how to treat people with mental<br />
disorders when they are perpertrators<br />
of crimes, which is their guilt,<br />
how and who will investigate them<br />
etc. Croatian Family Law recognizes<br />
few categories of deprivation of legal<br />
capacity of people with mental disorders<br />
. Our participants and doctors<br />
agreed the legislator had the intention<br />
for the more individualized approach<br />
which depends on how serious mental<br />
disease is but our participants found<br />
here one big problem. Namely, people<br />
with complete deprivation of legal capacity<br />
are not able to seek the protec-<br />
18 <strong>IFP</strong><strong>Newsletter</strong>
institutional study visit<br />
tion of their human rights in front of<br />
the courts especially in front of The<br />
Croatian Constitutional Court which is<br />
in charge to ensure equal protection of<br />
human rights to all citizens in the Republic<br />
of Croatia. As young lawyers we<br />
see here a huge problem and we think<br />
that our Constitutional Court needs to<br />
change this kind of practice especially<br />
due different decisions of the European<br />
Court of Human Rights in this matter.<br />
We hold that differences in abilities<br />
shall not in any case exclude equality<br />
of rights.<br />
Second also very interesting topic is<br />
the question of guilt and question<br />
how to prosecute the perpertrators<br />
with mental disorders. Penalty system<br />
in Croatia gives special attention<br />
to them in order to protect this kind<br />
of perpertrators from absue of their<br />
unenviable and difficult position. For<br />
every crime committed by person persumed<br />
as a person with mental disorder<br />
the only possible claimant to the<br />
Croatian Law on the criminal procedure<br />
is public prosecutor. This ensures<br />
higher lever of the protection of the<br />
rights of people and more careful<br />
treatment than the claimant would be<br />
a private person. Also, in the period<br />
of investigation, if needed, accused<br />
“<br />
Quiet contrary to our<br />
expectations from the<br />
beginning of the visit,<br />
we saw that there is no<br />
room for the fear of better<br />
future for the people<br />
with mental disorders.<br />
is not placed in jail but in the special<br />
institution for psychiatric diagnostic or<br />
if there is a danger for the surroundings<br />
of accused person or for his/her<br />
health he/her will be placed in the institution<br />
for involuntary placement to<br />
start with the appropriate therapy and<br />
to eliminate the danger. But here we<br />
asked what is with the informed consent<br />
of that kind of people and their<br />
right to refuse the notification about<br />
their treatment. None of the relevant<br />
laws regulates this situation and here,<br />
together with the doctors, two possible<br />
solutions are to be found. First<br />
one is that doctors shall have margin<br />
of discretion to rate which conduct<br />
is dangerous for the person and his/<br />
her surroundings, to write this down in<br />
“As soon we realize that<br />
mental disease is psychosocial<br />
risk to which<br />
we all are exposed to<br />
and that can affect<br />
anyone of us human<br />
dimension in the reality<br />
of people with mental<br />
disorders will increase.”<br />
the medical documentation and only<br />
then can “violate” the right to refuse<br />
the notification about treatment. Second<br />
option is to regulate this matter<br />
in the law(s) what would be the best<br />
solution for everyone included in this<br />
process. Finally, if the court, based on<br />
the opinion of the expert witness, declares<br />
that someone has committed a<br />
crime under the mental incompetence<br />
automatically there will be no guilt and<br />
the person will be declared innocent.<br />
Person will be placed in the special<br />
pshychiatric institution under the two<br />
conditions: (a) if the mental disorder<br />
is severe and (b) if there is a danger<br />
for the person’s surroundings. The duration<br />
can be up to 30 days. After this<br />
period, if there is still need for the person<br />
to be medicaly treated, duration of<br />
involuntary placement can be extended<br />
for up to 3 months, and the total duration<br />
is limited to 6 months. In this period<br />
institution shall ensure health and<br />
social rehabilitation of the person and<br />
prepare him/her for a normal life after<br />
leaving the institution.<br />
Quiet contrary to our expectations<br />
from the beginning of the visit, we<br />
saw that there is no room for the<br />
fear of better future for the people<br />
with mental disorders. Croatia really<br />
went ahead with its legislation and with<br />
medical treatment of its vulnerable<br />
and fragile social groups. This statement<br />
holds even more true in this year<br />
when Croatian Parliament has declared<br />
6th of June as a National day of rights<br />
of the people with mental disorders to<br />
highlight that state has best intention<br />
to protect and to ensure better position<br />
in the society for them. We strongly believe<br />
that common commitment of the<br />
society in whole to combat rejection<br />
of differences in the everyday’s life will<br />
ensure a lot of hope in the future for<br />
the people with mental disorders. As<br />
soon we realize that mental disease is<br />
psychosocial risk to which we all are<br />
exposed to and that can affect anyone<br />
of us human dimension in the reality<br />
of people with mental disorders will<br />
increase.<br />
Marko Dolonec<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> Croatia<br />
Ana Roce<br />
President<br />
<strong>ELSA</strong> Croatia<br />
<strong>IFP</strong>Newsketter<br />
19
Study trip to brazil<br />
A long way trip in the field of health law<br />
A health system from<br />
a different point of view<br />
<strong>ELSA</strong> Bergen, one of our Local Groups in Norway, went on a study trip to<br />
Brazil to experience a new legal system and a new culture. Read about the<br />
experiences from the trip that had a focus on health law.<br />
Every fall the <strong>ELSA</strong><br />
seminar and conferences<br />
group at the<br />
University of Bergen,<br />
in Norway, arranges a<br />
study-trip to a chosen<br />
destination. This year<br />
we decided to go to Rio<br />
de Janeiro in Brazil!<br />
We chose Health Law as our<br />
theme for the trip, partially because<br />
it is <strong>ELSA</strong>’s International<br />
Focus Programme, but also because<br />
Norway and Brazil both are<br />
committed actors in global initiatives<br />
regarding the right to health.<br />
We were curious to see if the difference<br />
between the Norwegian and<br />
Brazilian health-system was as big<br />
as we could imagine.<br />
Our first visit was to Viva Rio,<br />
an organization that researches<br />
and does field work regarding<br />
health, education, security and<br />
more. Pedro from Viva Rio told<br />
us that the government of Rio has<br />
outsourced many of the healthcareservices<br />
and that Viva Rio therefore<br />
was responsible for many of<br />
the cities’ health-centers and other<br />
“We were curious to<br />
see if the difference<br />
between the Norwegian<br />
and Brazilian health<br />
system was as big as we<br />
could imagine.”<br />
services. They took us to the pacified<br />
favela Rocinha, where we got<br />
to visit a very well-functioning UPA<br />
(an Emergency Ward). Because of<br />
big donations from the favelas rich<br />
neighborhood Viva Rio could also<br />
focus on preventive health-care.<br />
Unfortunately what we saw was<br />
not representative for the rest<br />
of the country, since health-rights<br />
often are neglected in rural areas<br />
and in favelas that are still controlled<br />
by drug cartels. We also got the<br />
impression that a system with expensive<br />
private health-insurances<br />
for the rich was still quite common.<br />
However, the public hospitals are<br />
know to be just as well-functioning<br />
as the private, unlike in many other<br />
Latin-American countries.<br />
We also attended a joint-seminar<br />
with two law firms. They had<br />
short presentations about different<br />
parts of the Brazilian law-system;<br />
the legal system in general, labourlaw,<br />
maritime-law, oil and gas, the<br />
tax-system, corporate law and<br />
health-law. We learnt that the idea<br />
20 <strong>IFP</strong><strong>Newsletter</strong>
Study trip to brazil<br />
of health to all began at the end<br />
of the military-dictatorship in the<br />
mid-80s. The states duty is manifested,<br />
and the state has chosen to<br />
outsource many of the tasks. A new<br />
insurance-trend is low-cost plans<br />
for those recently out of poverty.<br />
“<br />
“After our meetings the<br />
impression we left with<br />
is that Brazil has come<br />
a lot further that we had<br />
expected.”<br />
One of the most interesting aspects<br />
of the trip was that we got to<br />
see the health-system from different<br />
points of view, from the favela and<br />
voluntary organization Viva Rio,<br />
as well as presented by the lawyers<br />
with private health-plans.<br />
After our meetings the impression<br />
we left with is that Brazil<br />
has come a lot further that we<br />
had expected. There has been a<br />
lot of changes in the last few years,<br />
especially through pacification of<br />
favelas. But as the middle-class gets<br />
richer the differences in the society<br />
are still increasing. Voluntary organizations<br />
are also anxious about the<br />
government’s preparations for the<br />
Olympics and World Cup, through<br />
“cleanups” of the favelas. So Brazil<br />
is definitely a country to watch with<br />
many challenges and an exciting future!<br />
Frida Fostvedt<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> Bergen<br />
<strong>IFP</strong>Newsketter<br />
21
international Conference on Health law<br />
Knowledge is power<br />
<strong>ELSA</strong> Poznan invited law students and <strong>ELSA</strong> members from all over Europe<br />
to attend their international conference on health law.<br />
Horace, a famous<br />
Roman<br />
poet, once<br />
said: “To know all things<br />
is not permitted”.<br />
One can ask, how is that quote relevant<br />
to Health Law After all, while<br />
saying this few words, he was most definitely<br />
not thinking that they could be<br />
ever connected to this remote area well<br />
out of his scope of interest.<br />
Still, millennia later, I find that they<br />
ring true, especially in regard of<br />
our right to medical information in<br />
the ever-changing realities of modern<br />
world.Holding this statement close to<br />
heart, <strong>ELSA</strong> Poznan decided to present<br />
this fascinating topic to the larger audience,<br />
allowing regular students from<br />
the Adam Mickiewicz University in<br />
Poznan to acquaint themselves with<br />
regulations concerning aforementioned<br />
issue. As every experienced<br />
<strong>ELSA</strong> Member knows, there is one<br />
great way to achieve it – by organizing<br />
a conference. In this case a Conference<br />
“Still, millennia later, I<br />
find that they ring true,<br />
especially in regard of<br />
our right to medical<br />
information in the everchanging<br />
realities of<br />
modern world.”<br />
“Information in Health Law – what,<br />
and by whom can be obtained”<br />
During its duration, many engaging<br />
topics were raised. But the two<br />
of them were widely acclaimed as the<br />
most interesting, stirring the most heated<br />
debate – first one concerning Polish<br />
legal regulations and their impact on<br />
both patients and medical personnel,<br />
and the other pertaining protection of<br />
our private genetic make-up data.<br />
From a point of view of a normal<br />
medical practice, the patient’s consent<br />
for the proposed treatment is<br />
extremely important issue. The only<br />
way to lawfully accept it is by making a<br />
binding declaration of will. For this to<br />
be wholly legal, the person concerned<br />
must be fully, truthfully and directly<br />
22 <strong>IFP</strong><strong>Newsletter</strong>
international Conference on Health law<br />
informed of all factual circumstances<br />
concerning subsequent treatments.<br />
One of the fundamental acts regulating<br />
this issue on European soil<br />
is Oviedo Convention, containing<br />
regulations of various aspects of<br />
bioethics. The Article 5 states, that<br />
“An intervention in the health field<br />
may only be carried out after the person<br />
concerned has given an informed<br />
consent to it”. It gives patients one of<br />
their most basic rights, and that it why<br />
the provisions introducing it to the legal<br />
systems have been introduced in<br />
most democracies.<br />
In Poland, there are many acts regulating<br />
this matter. The most prominent<br />
one is the Constitution of Poland,<br />
that in the article 51 states: “No one<br />
may be obliged, except on the basis<br />
of statute, to disclose information<br />
concerning his person.” The person’s<br />
autonomy to control all private data<br />
(including medical one) is a legal principle<br />
to which all lower-tier regulations<br />
adhere to.<br />
This rule is further developed by<br />
more specialized statues, ranging<br />
from the Act of Health Care Facilities<br />
to the Medical Profession Act.<br />
For the purpose of this short article, I<br />
shall not delve deeply into regulations<br />
adopted in every one of these acts, but<br />
try instead to create an open catalogue<br />
of rights most patients have grown accustomed<br />
to.<br />
Every person has a right to information<br />
concerning the state of<br />
their health, diagnosis, proposed and<br />
available ways of therapy, foreseeable<br />
complications of both initializing a<br />
treatment and refraining from it, results<br />
and expectations concerning ongoing<br />
hospitalization, and prognosis for the<br />
future. Every doctor should respect<br />
patient’s right to conscious participation<br />
in medical process. Informing a<br />
patient about aforementioned issues<br />
is not only a legal obligation, but also<br />
an ethical one. It stems from the most<br />
fundamental rights protecting the sanctum<br />
of a body and every person’s right<br />
to make autonomous decisions.<br />
The regulations concerning this<br />
matter seem straightforward and<br />
simple. By now, everybody should<br />
concur that the right to information is<br />
a necessity in every potential relation<br />
between a patient and a doctor. On the<br />
other hand, what if a patients’ state is so<br />
fragile, that unpleasant prognosis may<br />
be a factor that contributes to further<br />
deterioration of their health Where is<br />
a border between doctor holding the<br />
information back and being overly direct<br />
in handling of his diagnosis<br />
There are no simple answers to<br />
these complex questions. Many physicians<br />
believe that they should keep<br />
their behavior consistent with letter of<br />
the law, to protect themselves from any<br />
potential suits. Others, realizing the<br />
harm that inadequately passed information<br />
may bring, try to minimize its<br />
negative impact. Medical personnel in<br />
their day-to-day work is always walking<br />
a fine line, trying to keep in mind both<br />
strict legal regulations and interest of<br />
patients. It is everybody’s hope that patient’s<br />
interest shall always prevail.<br />
During the Conference, we have<br />
also started a fascinating discussion<br />
concerning the protection of our<br />
genetic make-up data. The new century<br />
has brought us innovative development<br />
concerning our understanding of<br />
human genome. We can now examine<br />
it far more accurately than ever before,<br />
delving into most basic structures of<br />
our body, finding our weaknesses and<br />
strengths, and – with proper understanding<br />
– glaze into some aspects our<br />
<strong>IFP</strong>Newsketter<br />
23
international Conference on Health law<br />
past and our future. I shall elaborate on<br />
this aspect of the matter – what impact<br />
does possessing this information can<br />
have on our lives<br />
In Poland, it is possible to make<br />
simple genetic tests without any<br />
interference from the state. Our legislature<br />
has not yet taken any decisive<br />
steps to control this activity. If it is<br />
one’s wish, one can conduct an anonymous<br />
genetic test of any sample you<br />
submit. The results may never be admissible<br />
in court, but be that as it may,<br />
they can be used to devastating effect<br />
on many occasions. During our Conference<br />
we discussed its application in<br />
private paternity tests and in insurance<br />
sector.<br />
With the widespread development<br />
of private testing firms, the number<br />
of conducted paternity test has<br />
skyrocketed. But what it means for<br />
an average family Depending on the<br />
survey, from 5 to 30 percent of the<br />
children are born out of the wedlock.<br />
The guiding principle of the Family<br />
Law has always been protection of<br />
child’s welfare. Would every father care<br />
for illegitimate child in the same way as<br />
if it was his own How many families<br />
would be split, unable to bear the constant<br />
reminder of betrayal<br />
There is also another situation, in<br />
which information about our genetic<br />
code can be used. If insurance<br />
companies possessed that sensitive<br />
data, they would be able to tell which<br />
diseases we are susceptible to, what<br />
kind of illness we could possibly have<br />
in the future and… even our approximate<br />
age of death. It would allow them<br />
to prepare personalized profiles for all<br />
of us, creating an insurance offer maximizing<br />
their own possible profit, at the<br />
expense of ours. The Supreme Court<br />
of Poland has ruled that the genetic<br />
analysis has to be made with consent<br />
of the person, whose sample is being<br />
analyzed. But without government’s<br />
monitoring of this grey area, nothing<br />
will change. It is possible that one day<br />
we will become victims of our own<br />
hope that this article<br />
has “I<br />
shown you how<br />
interesting and diverse<br />
different aspects of<br />
Medical Law are.<br />
shortsightedness, not regulating this<br />
extremely sensitive branch of medicine<br />
when we still had a chance.<br />
I hope that this article has shown<br />
you how interesting and diverse<br />
different aspects of Medical Law<br />
are. It is my belief, that our rights to<br />
obtain, protect, and freely share information<br />
concerning our health and genetic<br />
make-up data will become more<br />
significant in years to come. Even<br />
in Information Age, let us not become<br />
arrogant and be lured into false<br />
sense of security. We should still<br />
consider the wisdom of Horace’s<br />
words.<br />
Jakub Sekulski<br />
Assistant for International Focus<br />
Programme<br />
<strong>ELSA</strong> Poznan<br />
FOR THE LATEST <strong>ELSA</strong> NEWS!<br />
WWW.<strong>ELSA</strong>.ORG<br />
FACEBOOK.COM/<strong>ELSA</strong>.ORG<br />
TWITTER.COM/<strong>ELSA</strong>INFO<br />
24 <strong>IFP</strong><strong>Newsletter</strong>
Refundation of pharmaceutical products<br />
Drug Wars*<br />
*Refundation of pharmaceutical products in Poland<br />
http://www.flickr.com/photos/_belial/2373080347/<br />
I’m binding my professional<br />
future<br />
with pharmaceutical<br />
and competition law,<br />
so the current <strong>IFP</strong> topic<br />
“Health Law” is really<br />
close to me.<br />
Before I became VP S&C of <strong>ELSA</strong><br />
Poland, I used to be VP S&C of<br />
<strong>ELSA</strong> Warsaw, where I have had an<br />
opportunity to coordinate couple of<br />
conferences strictly connected to medical<br />
and pharmaceutical law. Those topics<br />
became in perspective of many new<br />
regulations and novelizations in polish<br />
law during this and previous year very<br />
hot topics in media and raised many<br />
controversies.<br />
While organizing those events,<br />
our major principle was to ensure<br />
maximal plurality of points of view<br />
through inviting representatives of<br />
Ministry of Health, pharmaceutical<br />
companies, members of MD and<br />
chemist organizations and lawyers<br />
specializing in the topic from top law<br />
firms like DLA Piper and Bakker &<br />
McKenzie.<br />
My aim in this article is not to show<br />
you the process of organizing such<br />
event, but tocharacterize the legal<br />
problem, which made our conferences<br />
so on time and try to explain why those<br />
conferences met such a big interest of<br />
students, university employees and<br />
professionals.<br />
The world of pharmaceutical law in<br />
Poland is very vast and complicated,<br />
scattered in many legal acts, from<br />
which the most importnatis Pharmaceutical<br />
Law Act from 2001.<br />
Compared to other European countries,<br />
costs of production and distribution<br />
of pharmaceutical products<br />
in Poland are still very low which follows-up<br />
a very fast development of the<br />
drug market, both in the matter of generic<br />
and innovative pharmaceuticals,<br />
and makes Poland very attractive for<br />
new – mostly foreign entrepreneurs.<br />
<strong>IFP</strong>Newsketter<br />
25
Refundation of pharmaceutical products<br />
Due to the good economical situation<br />
many top branch magazines predict<br />
that in the next few years Warsaw will<br />
become a biotechnological “silicon valley”<br />
of Europe.<br />
This article concentrates on a very<br />
vital matter, both from the point of<br />
view of entrepreneurs (pharmaceutical<br />
concerns, drug warehouses,<br />
pharmacies) and patients (common<br />
people grappling day after day with<br />
their illnesses). Refundation is an institution<br />
which idea is to decrease the<br />
price of specified products through the<br />
participation of the State Treasury in<br />
the payments (National Health Fund is<br />
responsible for proper refundation and<br />
health insurances in Poland).<br />
On the 1st of January 2012 the new<br />
Refundation Act, which raised<br />
many controversies and remonstrance’s<br />
of MD, chemist professionals,<br />
paients and lawyers, got into effect<br />
The main ratio legis of this Act was a<br />
complex concentration of the refundation<br />
regulation in one document and to<br />
improve it on a basis of legal solutions<br />
from other European countries; to reduce<br />
expenses of the National Health<br />
Fund and to boost the availability of<br />
refundable pharmaceutical products<br />
on the market. Unfortunately, the social<br />
negotiations failed and a new legal<br />
Act, deeply misconceived, complicated,<br />
written in abstruse and obscure language<br />
and denying the transparency directive,<br />
got into effect. Those solutions,<br />
which were hitting every participant of<br />
refundable pharmaceuticals market in<br />
Poland, were called by the media as<br />
comparable to those which functioned<br />
in socialism. I will try to concentrate<br />
on the most vital changes flowing from<br />
the new regulations. There was a system<br />
of maximal prices on refundable<br />
drugs in result of what the entrepreneurs<br />
could freely manipulate with the<br />
price through promotions, discounts<br />
and abatements on a product till the<br />
end o 2011.As a result better pharmaceuticals<br />
were in a financial reach of<br />
patients, who without those facilities<br />
could never afford those products.<br />
Unfortunately, the new regulation<br />
brought in solid prices and margins,<br />
which could only be changed<br />
through administrative decision.<br />
The period of considering the application<br />
is from 30 to 90 days. What<br />
is worst, even voluntary changing the<br />
price on lower is forbidden. The idea<br />
was to stop so called “price tourism”,<br />
an unproven phenomenon that people<br />
travel to other cities and countries<br />
only to buy a specified drug for a lower<br />
price.<br />
This regulation is pathological<br />
because it prevents the entrepreneurs<br />
from efficient adjusting to<br />
the changing market and forces<br />
them to predict the changes in their<br />
sales politics for at least 2 months<br />
forward. Following articles forbid any<br />
discounts, abatements, donations, encourages<br />
and inconsistent contractual<br />
provisions justifying it with its “corruption<br />
conductive character”. What<br />
are the consequences It is impossible<br />
to counteract the income decrease of<br />
pharmaceutical warehouses through<br />
granting discounts and abatements<br />
by a pharmaceutical company. What<br />
is more, it is impossible to lower the<br />
prices for patients.<br />
In the matter of donations it is<br />
worth to mention that thereis being<br />
organized an enormous charity<br />
event every year in Poland. This<br />
event is collecting millions of euro to<br />
buy modern medical equipment for<br />
heavily sick children. But following the<br />
literal interpretation of these regulations,<br />
this initiative should be forbidden<br />
as illegal. However, the prohibition<br />
of encouragements has an objective<br />
character and refers only to refundable<br />
products, which forces the entrepreneurs<br />
for seeking of new trade-marketing<br />
ways in respect to that group of<br />
products.<br />
Legal changes mentioned above are<br />
only a small part of this enormous<br />
act and the struggle between the<br />
National Health Fund, patients and<br />
pharmaceutical companies still takes<br />
place. Fortunately, the government<br />
started to notice its faults and projects<br />
of regulations which would novelize<br />
the current act are in progress.This<br />
does not solve the problem for now,<br />
but it is a good sign that in the nearest<br />
future the system of drug refundation<br />
is going to change for better.<br />
Pharmaceutical law is a very complicated<br />
and socially important<br />
discipline strictly dependent to the<br />
market in which even smallest changes<br />
have an huge reflection on the society.<br />
This implicates a need and duty for<br />
the legislator to create law regulations<br />
friendly not only to the system, but<br />
above allfriendly for the patients and<br />
economics.<br />
We are all just human, we have to<br />
care about our health and everyone<br />
sometimes need to take medicines.<br />
Because of universality of this aspect,<br />
health law will always be a hot and also<br />
important law topic to discuss.<br />
Christopher Kumala<br />
Vice President for<br />
Seminars & Conferences<br />
<strong>ELSA</strong> Polamd<br />
26 <strong>IFP</strong><strong>Newsletter</strong>
1 st Annual International Conference in Leicester – 1st-3rd March 2012<br />
The first time experience<br />
“Big Pharma vs. The People - right to access essential medicines vs i<br />
ntellectual property rights”<br />
The International<br />
Conference<br />
“Big Pharma<br />
vs The People: Right to<br />
access essential medicines<br />
vs intellectual<br />
property rights” was the<br />
first International Conference<br />
hosted by an<br />
<strong>ELSA</strong> UK Local Group.<br />
In this two-day event about twenty<br />
<strong>ELSA</strong> Members from across the UK<br />
and Europe (including Poland, Italy<br />
and the Netherlands) had the chance<br />
to learn about the connection between<br />
human rights and IP law in the field of<br />
Health Law.<br />
More specifically, students were<br />
given the opportunity to learn about<br />
the relationship between the right to<br />
access to essential medicines of individuals<br />
(and in particular of those<br />
from developing countries) and the intellectual<br />
property rights that pharmaceutical<br />
companies hold for their products.<br />
Some of the questions that where<br />
discussed were: is there a right to access<br />
fundamental medicines Does this<br />
right trump IP rights What is the relationship<br />
between international trade<br />
regulation and the right to health<br />
The event was divided in two parts.<br />
The first part had the objective to give<br />
the participants an introduction to the<br />
issues of global health and the international<br />
protection of intellectual property.<br />
The second part was constituted<br />
of a final roundtable where speakers<br />
gave different perspectives on the issue<br />
of human rights and patents rights.<br />
On the first day, following the arrival<br />
of the participants, a short tour<br />
of the City and of the University of<br />
Leicester was given. Later that day,<br />
participants attended the first part of<br />
the academic programme where they<br />
were introduced to the issues of global<br />
health. The session was followed by a<br />
mock debate where participants were<br />
divided in teams and discussed whether<br />
pharmaceutical companies should<br />
be allowed to make great profits from<br />
the sale of medicines in developing<br />
countries or not.<br />
During the morning of the second<br />
day, Professor Gianluca Contaldi of<br />
the University of Macerata (Italy)<br />
gave an introductory lecture on the<br />
international protection of intellectual<br />
property rights, with particular regard<br />
to the pharmaceutical industry. In the<br />
evening the event was opened to the<br />
public and more than 80 students gathered<br />
to participate in the final conference.<br />
Overall, the event was a success and<br />
the feedback forms were very encouraging.<br />
Because it was a first time<br />
experience for our Local Group, many<br />
things could have been improved.<br />
Many of the issues that we had were<br />
then discussed at the Board Meetings<br />
and during the Transition and we certainly<br />
hope that next year’s event will<br />
be even more successful.<br />
Siddhart Fresa<br />
President<br />
<strong>ELSA</strong> Leicester<br />
2011/2012<br />
<strong>IFP</strong>Newsketter<br />
27
media law as a future focus<br />
http://www.flickr.com/photos/sull3n/4178929728/<br />
Media law as a<br />
future focus<br />
The new topic for the International Focus Programme was chosen at the<br />
International Council Meeting in Batumi, Georgia, in November 2012.<br />
It was a sunny and<br />
hot August day<br />
when call for the<br />
next <strong>IFP</strong> topic was sent<br />
to <strong>ELSA</strong> Officecrs all<br />
around Europe. I saw<br />
the email and started to<br />
think about a potential<br />
topic for the International<br />
Focus Programme...<br />
...A topic that could have been considered<br />
versatile, internationally<br />
relevant, with a big academic potential.<br />
I was thinking and probably in<br />
the first 10 minutes „media law“ came<br />
to my mind. As my exam period was in<br />
a few days, and civil law book was next<br />
to me, I immediately stopped thinking<br />
about it and decided to learn, instead<br />
of fulfilling the application form for<br />
the <strong>IFP</strong> proposal. But the little worm in<br />
my brain didn’t leave me in peace and<br />
I was thinking about this topic constantly.<br />
The day before the deadline for<br />
submitting applications expired I was<br />
pissed off that I cannot stop thinking<br />
about it and I submitted application<br />
for the topic that will be in focus of 38<br />
000 students during the upcoming period,<br />
starting with 1st of August. This<br />
is why I never regretted that still now I<br />
didn’t pass my exam in civil law.<br />
Why media law Today, when we<br />
are living in modern Internet society<br />
and Internet has become the first<br />
source of information and when we all<br />
are potential creators of media<br />
28 <strong>IFP</strong><strong>Newsletter</strong>
media law as a future focus<br />
“<br />
“Because of its huge<br />
filed of interest, it<br />
interferes with various<br />
scientific disciplines<br />
and fields of law as<br />
sociology, politics,<br />
ethics, constitutional<br />
law, international law,<br />
internet law, entartainment<br />
law, etc.”<br />
content, the request for establishing of<br />
the common legal framework for meda<br />
is needed more than anytime. But not<br />
only Internet communication needs legal<br />
regulation. We still have print medias<br />
as newspapers and magazines, we<br />
have telecommunications and we have<br />
television and radio broadcasting and<br />
in all this areas regulation is needed in<br />
order to highlight the responsible role<br />
of the media in today’s world full of<br />
information and to safe at least minimum<br />
of legal and ethical principles in<br />
it.<br />
How can we define the area The<br />
most basic and most broadly definition<br />
is that media law is an area of<br />
the law which covers media communications<br />
of all sorts and sizes. There are<br />
three general areas of interest within<br />
media law. The first is print media, including<br />
newspapers, magazines, print<br />
advertising and so forth. The second<br />
is telecommunications, including radio<br />
and television broadcasting. Finally,<br />
digital communications and Internet<br />
are a broad field within media law, and<br />
as Internet evolves, this frontier is constantly<br />
changing.<br />
The main focus of media law is the<br />
fundamental role of the media in<br />
democraticsystems and legal standards<br />
for the protection of freedom of expression,<br />
right to access to information<br />
and privacy.<br />
Media law has important role in establishing<br />
rules of conflict between<br />
freedom of expression and other<br />
human/constitutional/civil rights and<br />
“The main focus of<br />
media law is the<br />
fundamental role of<br />
the media in democraticsystems<br />
and legal<br />
standards for the<br />
protection of freedom<br />
of expression, right to<br />
access to information<br />
and privacy.”<br />
freedoms, or rights of personality as<br />
privacy, reputation, honor, the right to<br />
their own image, etc. Also, today when<br />
we are living in Internet society and<br />
when there are around 325 billion websites<br />
and around 100 000 tweets per<br />
second there is a need for the protection<br />
of democracy, human rights and<br />
rule of law in the online media.<br />
Because of its huge filed of interest,<br />
it interferes with various scientific<br />
disciplines and fields of law as<br />
sociology, politics, ethics, constitutional<br />
law, international law, internet law,<br />
entartainment law, etc. This will make<br />
this topic attractive amongst students<br />
and professionals of different profiles<br />
and it will keep the topic interesting<br />
during the whole period of its implementation<br />
in the Network.<br />
The international and european legal<br />
basis for media law is information<br />
and consequently there are only<br />
few relevant documents from that we<br />
derive general principles and rules for<br />
dealing with media law related cases.<br />
Currently, the most important role in<br />
<strong>IFP</strong>Newsketter<br />
29
media law as a future focus<br />
I feel, that after 32<br />
years of our hard work,<br />
we reached the stage<br />
where we are ready for<br />
this.“<br />
this matter is covered by the European<br />
Convention for the Protection<br />
of Human Rights and Fundamental<br />
Freedoms, especially articles 8 (right to<br />
respect for private and family life) and<br />
article 10 (right to freedom of expression).<br />
Besides Convention, in recent years,<br />
the Council of Europe has prepared<br />
a number of treaties, mostly dealing<br />
with protection from crimes committed<br />
abusing the Internet. This is understandable<br />
if we have in mind that<br />
Internet has become the biggest media<br />
that enables people to access billions<br />
and billions of information anytime<br />
they want and increasingly, it requests<br />
regulation and protection of users.<br />
Some of them are Convention on<br />
Cybercrime, the Convention on Prevention<br />
of Terrorism and the Lanzarote<br />
Convention for the protection<br />
children from sexual abuse. But the<br />
courts are ones that so far have played<br />
the most important role in interpretation<br />
and with their decisions they are<br />
creators of various principles for media<br />
law. Especially the European Court<br />
of Human Rights and the European<br />
Court of Justice. Sometimes they were<br />
dealing with cases of famous public<br />
persons, what for sure contributed to<br />
raising awareness on media law. One of<br />
the most popular cases was one where<br />
Caroline von Hannover, the eldest<br />
daughter of Prince Rainieri III of Monaco,<br />
wanted to prevent publishing her<br />
photographs in the German press. The<br />
German Constitutional Court ruled<br />
that there was no breach of privacy as<br />
Caroline, Princess of Hanover, was a<br />
public figure, but the ECHR recognizes<br />
that “the protection of private life<br />
has to be balanced against the freedom<br />
of expression guaranteed by Article 10<br />
of the Convention”, emphasizing at<br />
the same time that “the present case<br />
does not concern the dissemination of<br />
“ideas”, but of images containing very<br />
personal or even intimate “information”<br />
about an individual”.<br />
As mentioned above, legal basis is in<br />
its formation and this is an extraordinary<br />
opportunity for our Network<br />
to give its contribution to it with all its<br />
available possibilities. I feel, that after<br />
32 years of our hard work, we reached<br />
the stage where we are ready for this.<br />
Finally, for the <strong>IFP</strong> topic is also<br />
very important to have potential for<br />
sponsorhips and partnerships and<br />
also to be interesting enough for officers<br />
and members to organize events<br />
related to it. With this topic, I’m sure,<br />
we will attract a big number of sponsor<br />
and partners at all levels. The topic is<br />
relatively new and it is more and more<br />
in the focus of public (some events as<br />
“Wouldn’t it be great<br />
if our national news<br />
media had standards<br />
as high as the National<br />
Football League’s”<br />
Arab Spring and Wikileaks affair contributed<br />
that it becomes very interesting)<br />
and sponsors and partners could<br />
be more eager to invest in something<br />
new, in creating of new knowledge and<br />
legal basis, than spending money, time<br />
and their reputation in something that<br />
is not so “hot” as media law is now and<br />
it will be in upcoming time.<br />
Also, for members and our colleagues<br />
on the faculties, the topic<br />
shall be very interesting because in<br />
most of european univerities there is<br />
no special curricula in media law and<br />
students don’t have a lot of opportunities<br />
to discuss or learn about this topics.<br />
American radio talk show host and<br />
political commentator Rush Limbaugh<br />
said: “Wouldn’t it be great if<br />
our national news media had standards<br />
as high as the National Football<br />
League’s” With this quote I would like<br />
to invite all of you to prepare for implemenattion<br />
of the next <strong>IFP</strong> topic and to<br />
show the power of our Network during<br />
the period of its implementation<br />
by organizing various activities that will<br />
lead to contribution of legal education<br />
and establishing of the common legal<br />
framework in this area.<br />
Marko Dolonec<br />
Assistant for Media<br />
LawProgramme<br />
<strong>ELSA</strong> International<br />
30 <strong>IFP</strong><strong>Newsletter</strong>
LEGAL<br />
EDUCATION<br />
SOFT SKILLS<br />
DEVELOPMENT<br />
INTERNATIONAL<br />
EXPERIENCE<br />
DO LIKE THE REST OF<br />
OUR 35 000 MEMBERS<br />
JOIN <strong>ELSA</strong>!<br />
<strong>IFP</strong>Newsketter<br />
WWW.<strong>ELSA</strong>.ORG<br />
FACEBOOK.COM/<strong>ELSA</strong>.ORG<br />
31
ifp FINAL CONFERENCE<br />
Final International Focus<br />
Programme Conference<br />
From the 8th-12th of May 2013 Final <strong>IFP</strong> Conference on Health Law will<br />
we held in Gdansk, Poland.<br />
Since <strong>ELSA</strong> International<br />
introduced<br />
the International<br />
Focus Programme<br />
for the first time, it has<br />
taken various forms and<br />
has raised several important<br />
issues as well.<br />
This year, for the last time, we will<br />
take up on the topic of Health Law.<br />
<strong>ELSA</strong> Gdańsk – a Local Group of<br />
<strong>ELSA</strong> Poland enthusiastically and with<br />
pleasure replied to the International<br />
Board’s call for organizing the Final<br />
<strong>IFP</strong> Conference. The conference will<br />
take place at the University of Gdańsk<br />
between 8th and 12th of May 2013.<br />
Health Law itself is a wide branch<br />
divided into numerous small ones<br />
referring to healthcare, sanity, public<br />
health, medical technology development<br />
and more. During a debate,<br />
these topics should be reduced to<br />
certain specific issues, so that the crux<br />
would not be overwhelmed by an overly<br />
broad approach. The topic of Health<br />
Law is a global matter, as the international<br />
regulations more and more frequently<br />
interfere with this area of law.<br />
However, it is also important in the<br />
national field – each country governs<br />
the legal aspects of medicine in its<br />
own, unique, manner. The way and the<br />
form of governance expose the accurate<br />
model of the current Health Law<br />
condition. We live in the times when<br />
globalisation and the proceeding integration<br />
of European countries oblige us<br />
to perceive Health Law from this angle<br />
as well. The development of medicine,<br />
research on the new technological solutions<br />
and changes in social attitude<br />
to the public and private health make<br />
us willing to look to the future in the<br />
context of current legal governance<br />
and incidents in the changing world of<br />
law and medicine.<br />
<strong>ELSA</strong> Gdańsk, considering these<br />
issues, proposes you to notice the<br />
legal and medical adjustments of<br />
the pharmaceutical law, the cosmetics<br />
law and the malpractice in May<br />
2013. These three thematic panels will<br />
attract the attention to the issues of recently<br />
highest significance.<br />
“we form a creative,<br />
forceful, well-knit and<br />
greatly organised team,<br />
perfect for the realisation<br />
of numerous initiatives<br />
having both national<br />
and international<br />
nature.”<br />
We are experienced in organizing<br />
such events. Acting since 1989 and<br />
being one of the strongest Local<br />
Groups of <strong>ELSA</strong> Poland, we form<br />
a creative, forceful, well-knit and<br />
greatly organised team, perfect for<br />
the realisation of numerous initiatives<br />
having both national and international<br />
nature. The strength of our<br />
Local Group is particularly noticeable<br />
32 <strong>IFP</strong><strong>Newsletter</strong>
ifp FINAL CONFERENCE<br />
regarding two previous international<br />
projects held in Gdańsk: The International<br />
<strong>IFP</strong> Conference- "Main trends<br />
in Intellectual Property Law", which<br />
happened in May 2009 and the International<br />
Conference on the Law of<br />
the Sea - Global Ocean Governance:<br />
“From Vision to Action", which took<br />
place in February 2011.<br />
These projects were enthusiastically<br />
welcomed by students and the<br />
academic environment – professors<br />
and practitioners. Being experienced<br />
in organising <strong>IFP</strong> conferences, we look<br />
forward to repeating the success of the<br />
year 2009 and giving you an amazing<br />
time full of thematic lectures and discussions<br />
as well as wonderful memories.<br />
To achieve this goal, we will invite<br />
prestigious lecturers from the best<br />
European departments of law and<br />
medicine. We will bring up the most<br />
important matters of Pharmaceutical<br />
Law, Cosmetics Law and the malpractice.<br />
The form of the conference<br />
requires an active discussion between<br />
lecturers and participants. After each<br />
part of lectures we will encourage you<br />
to pose questions and converse. We<br />
believe that this way everyone will be<br />
able to distil from the presented contents<br />
as much as wished and exactly<br />
what is found interesting. We hope that<br />
the conference in Gdańsk will become<br />
lifeblood for the further work on the<br />
topic of the medical law and a source<br />
of thoughts for participants.<br />
After the lectures we will not be lacking<br />
time for spending entertaining<br />
moments in charming Gdańsk,<br />
and for the final day we prepared a gala<br />
ball during which we will officially conclude<br />
the conference and encapsulate<br />
each of its days. We hope that this finale<br />
will also strengthen the positive memories<br />
about the conference. The ball will<br />
take place in one of the most recognisable<br />
old cities in Europe, in a place<br />
of beautiful history, dating back to the<br />
early medieval times, in a place where<br />
“Solidarity” was founded and where<br />
the process of terminating the communism<br />
in Poland started. The charm<br />
of this old city will surely attract you.<br />
According to the things said, having<br />
in mind the importance of<br />
the topics being mentioned on the<br />
conference and the fact that <strong>IFP</strong> is a<br />
programme of the entire <strong>ELSA</strong> Network,<br />
we wholeheartedly invite you all<br />
to Gdańsk!<br />
Krzysztof Szulc<br />
President<br />
<strong>ELSA</strong> Gdansk<br />
Do you want<br />
to know more<br />
Contact:<br />
gdansk@elsa.org.pl<br />
<strong>IFP</strong>Newsketter<br />
33
LIST OF <strong>IFP</strong> EVENTS<br />
<strong>IFP</strong> EVENTS 2011-2012<br />
<strong>ELSA</strong> Croatia<br />
- <strong>ELSA</strong> Zagreb, Lecture and Institutional Study Visit to Psychiatric<br />
Hospital “VRAPČE”, 25/01/2012<br />
- <strong>ELSA</strong> Zagreb, Panel discussion “Patients’ Rights”, 03/05/2012<br />
- <strong>ELSA</strong> Zagreb, Essay Competition “Crisis in health care: myth or<br />
reality”, 03/05/2012<br />
- <strong>ELSA</strong> Osijek, Panel discussion “Euthanasia”, 18/05/2012<br />
<strong>ELSA</strong> Czech Republic<br />
- <strong>ELSA</strong> Brno, Summer Law School on “Health Law”, 04/09/2011<br />
- 09/09/2011<br />
- <strong>ELSA</strong> Czech Republic, Legal Workshop “Damages and compensation<br />
in Health Care in Czech Republic”, 04/11/2011<br />
- <strong>ELSA</strong> Czech Republic, National Essay Competition “Damages<br />
and compensation in Health Care in Czech Republic”,<br />
01/12/2011 - 17/04/2012<br />
- <strong>ELSA</strong> Olomouc, Conference “Patients’ Rights”, 20/06/2012 -<br />
22/06/2012<br />
- <strong>ELSA</strong> Prague, Seminar “The legal regulation of the medicine<br />
advertisement”, 29/11/2011<br />
- <strong>ELSA</strong> Brno, Moot Court “Health Law and Protection of personal<br />
Rights”, 17/04/2012<br />
<strong>ELSA</strong> Finland<br />
- <strong>ELSA</strong> Helsinki, Health Law Week (Study Visit and Seminar),<br />
15/11/2011 – 18/11/2012<br />
<strong>ELSA</strong> <strong>Germany</strong><br />
- <strong>ELSA</strong> Dresden, Lecture “Euthanasia”, 12/06/2012<br />
<strong>ELSA</strong> Italy<br />
- <strong>ELSA</strong> Italy, National Essay Competition on Health Law, June -<br />
October 2012<br />
- <strong>ELSA</strong> Trento, Legal Research Group and Publication “Stem<br />
cells between law and science: freedom of scientific research and<br />
legislation”, 23/11/2011 - 22/11/2012<br />
- <strong>ELSA</strong> Trieste, Mid Evaluation Conference “Health Law & Human<br />
Rights”, 16/04/2012 - 22/04/2012<br />
- <strong>ELSA</strong> Torino, National panel discussion “How you measure a<br />
human life Euthanasia. The border between science and ethics”,<br />
24/11/2011<br />
- <strong>ELSA</strong> Palermo, Conference “Which right on our body”,<br />
30/11/2011<br />
- <strong>ELSA</strong> Torino, Conference “The Right to Health”, 03/10/2011<br />
- <strong>ELSA</strong> Ferrara, Conference “The claim for biological damages”,<br />
18/10/2011<br />
- <strong>ELSA</strong> Cosenza, Conference “Medicine and Life. Euthanasia:<br />
between the right to life and the right to die”, 21/12/2011<br />
- <strong>ELSA</strong> Firenze, Seminar “Bioethics between legal and medical<br />
avanguards”, 01/12/2012<br />
- <strong>ELSA</strong> Trento, Lecture “ Law and Stems Cells”, 23/11/2011<br />
- <strong>ELSA</strong> Padova, Seminar “The Health Situation of Convicts”,<br />
15/05/2012<br />
- <strong>ELSA</strong> Milano/<strong>ELSA</strong> Castellanza, Seminar “Euthanasia: it is possible<br />
to choose until the end”, 16/04/2012<br />
- <strong>ELSA</strong> Sassari, Conference “Organ donation: legal and scientific<br />
aspects”, 28/05/2012<br />
<strong>ELSA</strong> Norway<br />
- <strong>ELSA</strong> Bergen, Institutional Study Visit to India (<strong>IFP</strong> programme),<br />
28/08/2011 - 10/09/2011<br />
<strong>ELSA</strong> Poland<br />
- <strong>ELSA</strong> Opole, Seminar “Patients Right – Paragraphs in Medicine<br />
- Patients Right in Everyday Life”, 09/11/2011<br />
- <strong>ELSA</strong> Poznan, Seminar “Right to information about the state of<br />
health”, 07/12/2011<br />
- <strong>ELSA</strong> Warsaw, Seminar “Problems with new law about the reimbursement<br />
of medicines”, 23/03/2012<br />
- <strong>ELSA</strong> Warsaw, Conference “The mistake in medical art – legal<br />
regulations”, 07/03/2012<br />
34 <strong>IFP</strong><strong>Newsletter</strong>
<strong>ELSA</strong> Portugal<br />
- <strong>ELSA</strong> UCP Lisboa, Conference “Euthanasia: A legal or ethical<br />
problem”, 16/11/2011<br />
- <strong>ELSA</strong> Uminho, Seminar “Legal Forensics Science Course”, 7-8-<br />
9-13/03/2012<br />
- <strong>ELSA</strong> Uminho, Conference on “Profiling”, 21/03/2012<br />
- <strong>ELSA</strong> Coimbra, Seminar “Legal liability in Medical Practice and<br />
health Law”, 23/04/2012<br />
<strong>ELSA</strong> Romania<br />
- <strong>ELSA</strong> Bucharest, National seminar “Patients’ Rights”,<br />
12/12/2011<br />
- <strong>ELSA</strong> Bucharest, Lecture “Health system in Romania. Challenges<br />
and perspectives”, 12/12/2011<br />
- <strong>ELSA</strong> Galaţi, Seminar “The liability for the medical errors”,<br />
21/11/2011<br />
- <strong>ELSA</strong> Galaţi Panel discussion “ Drugs - A scourge of the modern<br />
world”, 18/05/2012<br />
- <strong>ELSA</strong> Arad, Seminar “Euthanasia and its hidden aspects”,<br />
04/04/2012 - 05/04/2012<br />
- <strong>ELSA</strong> Timisoara, Lecture “Romanian patients - European Citizens”,<br />
20/03/2012<br />
- <strong>ELSA</strong> Cluj Napoca, Lecture “A legal remedy for the medical<br />
system of Romania”, 05/04/2012<br />
<strong>ELSA</strong> Slovakia<br />
- <strong>ELSA</strong> Banská Bystrica, Lecture “Health Care”, 25/10/2011<br />
- <strong>ELSA</strong> Košice, Lecture “Health Care vs Law”, 10/10/2011<br />
- <strong>ELSA</strong> Bratislava, Seminar “Amendment of Labour Code”,<br />
12/10/2011<br />
<strong>ELSA</strong> Turkey<br />
- <strong>ELSA</strong> Istanbul, Conference “Health Law Days”, 24/04/2012<br />
<strong>ELSA</strong> Ukraine<br />
- <strong>ELSA</strong> Ostroh, Lecture “Health Law & Ethics”, 25/02/2012<br />
- <strong>ELSA</strong> Poltava, Panel discussion “Health Law”, 25/02/2012<br />
<strong>IFP</strong> EVENTS 2012-2013*<br />
<strong>ELSA</strong> Czech Republic<br />
- <strong>ELSA</strong> Brno, Seminar “Patients’ rights to information”,<br />
24/10/2012<br />
- <strong>ELSA</strong> Prague, Lecture “Legal and ethical aspects of informed<br />
consent”, 08/11/2012<br />
<strong>ELSA</strong> <strong>Germany</strong><br />
- <strong>ELSA</strong> Greifswald, Lecture “Euthanasia, 05/12/2012<br />
- <strong>ELSA</strong> Augsburg, Seminar “Health Service - Quo vadis”,<br />
01/12/2012 - 04/12/2012<br />
- <strong>ELSA</strong> Bayreuth, Seminar “Patients’ Rights”, 04/11/2012 -<br />
06/11/2012<br />
<strong>ELSA</strong> Italy<br />
- <strong>ELSA</strong> Trento, National Conference “Beyond legal borders: new<br />
challenges in the research on stem cells”, 22/11/2012<br />
- <strong>ELSA</strong> Taranto, Conference “Living will and protection of physical<br />
integrity”, 15/11/2012<br />
- <strong>ELSA</strong> Taranto, Conference “End of life: ethical and legal issues”,<br />
16/11/2012<br />
- <strong>ELSA</strong> Sassari, Conference “Right to health: the condition of<br />
prisoners”, 14/12/2012<br />
<strong>ELSA</strong> Norway<br />
- <strong>ELSA</strong> Bergen, Institutional Study Visit to Brazil (<strong>IFP</strong> programme),<br />
28/08/2012 - 09/09/2012<br />
<strong>ELSA</strong> Romania<br />
- <strong>ELSA</strong> Sibiu, Legal Debate “Assisted Euthaniasia”, 14/11/2012<br />
- <strong>ELSA</strong> Cralova, Panel discussion “Trafficking in organs and human<br />
beings”, 19/11/2012<br />
- <strong>ELSA</strong> Brasov, Seminar “Murder-juridical approach, psychological,<br />
criminological and political”, 13/11/2012 - 15/11/2012<br />
<strong>ELSA</strong> Spain<br />
- <strong>ELSA</strong> Valladolid, Conference “Days of Health Law”,<br />
28/11/2012 - 30/11/2012<br />
<strong>ELSA</strong> Sweden<br />
- <strong>ELSA</strong> Uppsala, Visit to the Red Cross and lecture, 22/11/2012<br />
- <strong>ELSA</strong> Gothenburg, Lecture “Patients’ Rights”, 19/11/2012<br />
- <strong>ELSA</strong> Umeå, Lecture “Human trafficking”, 22/11/2012<br />
* events that <strong>ELSA</strong> International has received information about<br />
<strong>IFP</strong>Newsketter<br />
35
36 <strong>IFP</strong><strong>Newsletter</strong>