Du secret médical aux dossiers de santé électroniques. Réflexions juridiques sur la protection des données de santé

Health data give rise to a plurality of qualifications. The exercise players are forced this not unusual for the legal system. In the case of health data, especially when these data are processed through folders to which several categories of actors need access, it may still be problematic. Electronic medical records, in which the authorities have in recent years invested a lot of hope and money, fail to cross the course of a generalization though it was presented as being beneficial for our public health system and financing of health spending. Without exaggerating the extent of social problems related to the interpretation and application of standards, it is reasonable to think that they are partly responsible for this fact. After presenting the two great bodies of norms which where initially protecting personal health data, this paper develops the analysis of their confrontation before highlighting the status of one of the most complex issues in this field, that is the people's consent to the various treatments that their data may be subject of.     

Group‐analytic network process for balancing stakeholder views on fire protection of steel‐framed buildings

To select appropriate fire protection options for buildings during their design stage, economic, safety, environmental, and societal criteria need to be accounted for. The divergent and sometimes conflictual desires from different fire design stakeholders involved in the process present a multicriteria decision problem. Design decision criteria and fire protection options can be interdependent, and so there is a need to manage these desires with an advanced decision analysis technique, thereby reducing uncertainties in the complex decision‐making process. The aim of this paper is to use the weighted/geometric mean method‐analytic network process (W/GMM‐ANP) to balance the opinions of fire design stakeholders extracted from 42 structured stakeholder interviews on selecting the most suitable fire protection option for buildings constructed of steel frames. Different categories of interdependent decision elements were developed from 22 design decision criteria and 5 proposed fire protection options to produce a network of decision clusters for multicriteria decision analysis. In the synthesis and ranking of fire protection options, the W/GMM‐ANP accounted for the multiple interdependencies of weighted and unweighted stakeholder desires and managed the complexity of the decision‐making problem. The technique is proposed for approaching suitable group decisions in structural fire design of steel‐framed buildings as well as other performance‐based engineering decision making that may involve multidisciplinary stakeholders.     

Blame contagion: The automatic transmission of self-serving attributions

When people blame others for their mistakes, they learn less and perform worse. This problem is magnified when blame becomes embedded in the shared culture of groups and organizations. Yet, little is known about whether—and, if so, how—the propensity to blame spreads from one person to another. Four experiments addressed this issue, demonstrating that blame is socially contagious: observing an individual make a blame attribution increased the likelihood that people would make subsequent blame attributions for their own, unrelated, failures (Experiments 1, 2, and 4). Results also indicated that this “blame contagion” is due to the transmission of goals. Blame exposure led to the inference and adoption of a self-image protection goal (Experiment 3), and blame contagion was eliminated when observers had the opportunity to alleviate this self-image protection goal via self-affirmation (Experiment 4). Implications for research on causal attributions, social contagion, and cultural transmission are discussed.     

患者知情同意权实现的伦理思考与法律保护

随着医学科学的发展,患者的知情同意已是医学实践的一个基本伦理观念和原则,但是,它的实现不仅需要道德规范的约束,而且还需要法律的保护.     

利益冲突的调节机制

利益的平衡取决于相关利益群体参与政策过程的能力的平衡.成立患者权利保护协会,使患者以组织化方式有效参与卫生改革的政策过程,制衡相关利益群体的利益最大化诉求,是平衡卫生服务领域利益冲突的根本途径.     

Who wants privacy protection,and what do they want?

As privacy controversies have become more salient since the early 1980s, one response by policy makers has been to try to encourage consumers to demand privacy protection, by expecting goods and services to be designed with privacy‐enhancing technologies (PETs) embedded in them. But what scope is there for this? Conventional approaches to understanding consumer demand for privacy protection have not been very helpful in providing robust accounts of when consumers will want which kinds of protection. This paper offers a neo‐Durkheimian institutionalist theoretical account of the roots of consumer preferences for privacy and services with PETs in particular, which yields testable hypotheses for future research. It grounds preferences in risk perceptions, shows how distinct styles of risk perceptions are the result of distinct types of situation in social organisation, and derives typical demand curves for each of these types, before exploring the extent of mobility of preferences predicted by the theory, which in turn provides the basis for understanding the scope for persuading consumers to demand privacy‐respecting services of different types. Rooted in the sociology of knowledge and in anthropological approaches, the argument represents a challenge to psychometric, naïve empiricist and postmodernist accounts, and it offers a distinct research agenda. Copyright © 2002 Henry Stewart Publications Ltd.     

环境思想视野中的马克思

西方环保主义者在如何评价马克思与环保思想之间的关系上之所以未成功是因为他们没能真正地理解马克思的自然概念。马克思的自然概念应包括三个层次:存在论层次、使用价值层次和价值层次。自然便是这三个层次的统一体。     

Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty,Utility, Fairness,and Accountability for Reasonableness

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations.     

试论伊斯兰妇女权益保护思想及其实践

妇女是人类社会历史发展中一支不可忽视的重要力量,当今,妇女地位的高低已成为衡量一个社会文明程度的主要标准之一;而对于妇女权益的尊重与保护,更是人们普遍关注的热点话题。然而,在人类的历史上,歧视妇女的现象由来已久且非常普遍。本文试图从伊斯兰教对于妇女在基本权益、宗教信仰、婚姻家庭以及社会生活等领域的权利与义务的论述,力图较为全面地阐释伊斯兰妇女权益保护思想及其实践,从而增进不同民族、不同宗教间妇女同胞之间的相互了解、交流与尊重,共同努力构建一个理解、宽容、团结、友爱的和谐社会。