略论我国卫生法律制度对健康权的保护

通过分析和回顾我国卫生法律制度的整体架构和历史沿革,对当前制度进行评价并展望未来,系统阐述了我国卫生法律制度如何保障国民健康权。目前我国卫生法律制度框架已初步形成,卫生行政法、民法中的医疗侵权、医疗刑法、有关社会法等均对健康权进行保护,但制度仍面临母法缺失、协调性不佳、精细度不足和立法滞后等挑战。以新医改为契机,卫生法律制度的完善应加快进程,应尽快制定母法,并对相关部门法做出调整,加强有关法律法规之间的协调性。     

医院的教学任务与患者隐私权的保护

医院在教学中,常会侵害患者的隐私权。实践中,要调和医院的教学任务与患者隐私权保护之间的矛盾,医院应该事先取得患者的同意,在诊疗与教学过程中,尊重患者,增强相互间的信任,同时还可以用“标准化病人”和“模拟化临床教学”的方式给实习生提供实习机会。而解决该问题,最终还得依靠立法的不断完善,以对此提供充分的法律保障。     

Communication Rights in a Divided World

This article explores the implications of advances in communication technology for communication rights and the political, economic, and cultural challenges at global, national, and local levels. It argues that digital transformation cannot be left to market forces or to a benign vision of a world in which all governments are sufficiently liberal minded to permit dissent and peaceful revolution. Rather, digital transformation needs to be driven by the needs of peoples and communities who help construct communication and information ecosystems that are firmly rooted in principles of justice, freedom, equality, and mutual solidarity. To that extent, people and communities must be enabled to reach their own consensuses around their needs and what should be done, and they must be regularly and constructively consulted by those charged with implementing, regulating, and monitoring such ecosystems.     

Book Discussion Section: COMPARATIVE ETHICS,ISLAM, AND HUMAN RIGHTS: Internal Pluralism and the Possible Development of Tradition

Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A‘la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support for the role of reason in Islamic faith and his less‐negative assessment of the West lead him to more vigorous support for the human rights agenda. This study raises the question of whether the humility needed in comparative ethics and the respect for others at the root of human rights are necessarily linked.     

History, Human Rights, and Globalization

An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross‐cultural dialogue).     

THE SCIENTIST AS STATESMAN: BIOLOGISTS AND THIRD WORLD HEALTH

One of the most threatening problems the world faces is the growing poverty crisis and the related human rights inequalities and the spread of diseases in underprivileged areas. Human rights and relief organizations try hard to contain the devastation of these interconnected difficulties. What is the role of the biomedical scientist in this endeavor? The challenges that biomedical scientists face in their research lead us to question whether scientists can go beyond the time‐consuming realm of experimental investigation and engage the issues of society in a more public way. I suggest how the scientist's role can be expanded in our complex and precarious world, introducing the idea of the modern biomedical researcher as scientist, scholar‐philosopher, and statesman for the scientific community and the larger human rights community. I provide examples of where the scientist can interface with human rights organizations, medical doctors, political and civic leaders, and the science‐religion dialogue. My argument reveals the emerging role of the biomedical scientist as one of public service in addition to and beyond the realm of the experimental investigator. This role, however, is formidable, and I list some of the obstacles it entails.     

Welfare Rights and Conflicts of Rights

The fact that welfare rights – rights to food, shelter and medical care – will conflict with one another is often taken to be good reason to exclude welfare rights from the catalogue of genuine rights. Rather than respond to this objection by pointing out that all rights conflict, welfare rights proponents need to take the conflicts objection seriously. The existence of potentially conflicting and more weighty normative considerations counts against a claim’s status as a genuine right. To think otherwise would be to threaten the peremptory force – and hence the analytical integrity – of rights. The conflicts objection is made more pressing once we have conceded that welfare rights give people entitlements to what are potentially scarce goods. I argue that welfare rights can survive the conflicts objection if, and only if, we take scarcity into account in the framing of a given welfare right. Earlier versions of this paper were presented at the Nuffield Political Theory Workshop in Oxford and the Canadian Philosophical Association Congress 2006 at York University. I am grateful to Adam Swift, David Miller, Idil Boran, Sarah McCallum and two anonymous referees for their comments, and to the Economic and Social Research Council for research funding.     

流行病防控的伦理分析

目前学界对流行病防控的伦理探讨尚十分欠缺,而现有的生命医学伦理学理论不能较好地解决流行病防控中的伦理问题,应用伦理学亟需对流行病防控做出伦理回应。流行病防控中主要涉及隐私、自由和正义三个方面的伦理问题,亦即个人权利或自由与公共健康的冲突问题。流行病防控对个人行为的家长主义干预,特别是对个人自愿自涉行为的强家长主义干预必须得到伦理证明。流行病防控与社会正义和人权也有十分密切的关系,促进正义与保护人权是流行病防控的应有之意。     

TRUTH TELLING AS REPARATIONS

Abstract: International instruments now defend a “right to the truth” for victims of political repression and violence and include truth telling about human rights violations as a kind of reparation as well as a form of redress. While truth telling about violations is obviously a condition of redress or repair for violations, it may not be clear how truth telling itself is a kind of reparations. By showing that concerted truth telling can satisfy four features of suitable reparations vehicles, I defend the idea that politically implemented modes of truth telling to, for, and by those who are victims of gross violation and injustice may with good reason be counted as a kind of reparations. Understanding the doubly symbolic character of reparations, however, makes clearer why truth telling is unlikely to be sufficient reparation for serious wrongs and is likely to be sensitive to the larger context of reparative activity and its social, political, and historical background.     

Sexual Abuse of Women by Women in Psychotherapy

No abstract available for this article.