Cet ouvrage detaille presente le debat religieux, medical, social et juridique chez les juifs, les chretiens et les musulmans autour de la circoncision masculine et feminine. Si aujourd'hui la circoncision feminine fait l'objet d'une campagne nationale et internationale visant a l'interdire, la circoncision masculine est acceptee et rares sont ceux qui osent la critiquer. On estime, a tort, qu'elle est moins grave que la circoncision feminine, voire benefique pour la sante. L'auteur denonce ce mythe entretenu par les Nations Unies et l'Organisation mondiale de la sante. Il demontre que la distinction entre la circoncision masculine et feminine est illusoire, toutes deux etant une violation flagrante de l'integrite physique que rien ne justifie. Cette distinction est la raison principale de l'echec de la campagne contre la circoncision feminine. On ne peut garantir le droit a l'integrite physique de la fille si on nie ce droit a son frere. L'auteur Sami A. Aldeeb Abu-Sahlieh: Chretien d'origine palestinienne. Citoyen suisse. Docteur en droit. Habilite a diriger des recherches (HDR). Professeur des universites (CNU-France). Responsable du droit arabe et musulman a l'Institut suisse de droit compare (1980-2009). Professeur invite dans differentes universites en France, en Italie et en Suisse. Directeur du Centre de droit arabe et musulman. Auteur de nombreux ouvrages dont une traduction francaise, italienne et anglaise du Coran.

This book in Arabic, available also in French and in English, foreworded by Dr. Nawal El-Saadawi, presents the religious, medical, social and legal debate among Jews, Christians and Muslims around male and female circumcision. If female circumcision today is the subject of a national and international campaign to ban it, male circumcision is accepted and few would dare criticize it. It is estimated wrongly less serious than female circumcision, or with health benefits. The author criticizes this myth maintained by the United Nations and the World Health Organization. He demonstrates that the distinction between male and female circumcision is illusory, both being an unjustifiable flagrant violation of bodily integrity. This distinction is the main reason for the failure of the campaign against female circumcision. We cannot guarantee the right to physical integrity of the girl if we deny this right to his brother. The Author Sami A. Aldeeb Abu-Sahlieh. Christian of Palestinian origin. Swiss citizen. Doctor in law. Habilitated to direct researches. Professor of universities (CNU-France). Responsible for Arab and Islamic Law at the Swiss Institute of Comparative Law (1980-2009). Visiting professor in different French, Italian and Swiss universities. Director of the Centre of Arab and Islamic Law. Author of many books, including a French, English and Italian translation of the Koran.

Cet ouvrage grand public presente le debat religieux, medical, social et juridique chez les juifs, les chretiens et les musulmans autour de la circon-cision masculine et feminine. Si aujourd'hui la circoncision feminine fait l'objet d'une campagne nationale et internationale visant a l'interdire, la circoncision masculine est acceptee et rares sont ceux qui osent la critiquer. On estime, a tort, qu'elle est moins grave que la circoncision feminine, voire benefique pour la sante. L'auteur denonce ce mythe entretenu par les Nations Unies et l'Organisation mondiale de la sante. Il demontre que la distinction entre la circoncision masculine et feminine est illusoire, toutes deux etant une violation flagrante de l'integrite physique que rien ne justifie. Cette distinction est la raison principale de l'echec de la campagne contre la circoncision feminine. On ne peut garantir le droit a l'integrite physique de la fille si on nie ce droit a son frere. L'auteur Sami A. Aldeeb Abu-Sahlieh: Chretien d'origine palestinienne. Citoyen suisse. Docteur en droit. Habilite a diriger des recherches (HDR). Professeur des universites (CNU-France). Responsable du droit arabe et musulman a l'Institut suisse de droit compare (1980-2009). Professeur invite dans differentes universites en France, en Italie et en Suisse. Directeur du Centre de droit arabe et musulman. Auteur de nombreux ouvrages dont une traduction francaise, italienne et anglaise du Coran.

A Different Perspective on the Patient Protection and Affordable Care Act provides a brief history of health insurance within the United States, offering an accessible perspective on the highly contentious Patient Protection and Affordable Care Act (PPACA). This book traces the political and financial conditions that led to the enactment of the Affordable Care Act. Thoroughly researched, A Different Perspective on the Patient Protection and Affordable Care Act details the drastic increase of health care expenditures in both state legislatures and the federal government, the fiscal strain experienced throughout the nation, and the main objectives of President Barack Obama s 2010 healthcare reform plan.

Regulating Obesity?: Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In it, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess gain have largely failed to resolve obesity and have instead fueled prejudice against fat people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes. Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation. Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions-marketing, fiscal policy, and physical activity-and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population. Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.

The Council Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) has been described as the 'most complex piece of legislation in European Union history.' Entering into force on June 1, 2007, the Regulation constitutes the basic law for any business involved in chemical substances in the EU. It is meant to improve the protection of human health and the environment, as well as the enhancement of innovation and competitiveness of the chemical industry in the EU. In accordance with the REACH Regulation, importers and manufacturers are required to gather information on the properties of their chemical substances and to register the information in a central database operated by the European Chemical Agency (ECHA) based in Helsinki. This handbook covers all the relevant issues from initial registration of chemical substances to the final enforcement of the obligations under the Regulation.

Why do law reforms spread around the world in waves? In the dominant account of diffusion through technocracy, international networks of elites develop orthodox policy solutions and transplant these across countries without regard for the wishes of ordinary citizens. But this account overlooks a critical factor: in democracies, reforms must win the support of politicians, voters, and interest groups. This book claims that laws spread across countries in very public and politicized ways, and develops a theory of diffusion through democracy. I argue that politicians choose to follow certain international models to win domestic elections, and to persuade skeptical voters that their ideas are not radical, ill-thought-out experiments, but mainstream, tried-and-true solutions. This book shows how international models generated domestic support for health, family, and employment law reforms across rich democracies. Information that international organizations have endorsed certain reforms or that foreign countries have adopted them is valuable to voters. Public opinion experiments show that even Americans respond positively to this information. Case studies of election campaigns and legislative debates demonstrate that politicians with diverse ideologies reference international models strategically, and focus on the few international organizations and countries familiar to voters. Data on policy adoption from many rich democracies document that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Benchmarks from Abroad provides a direct defense to a major criticism international organizations and networks face: that they conflict with domestic democracy. Even presumptively weak international efforts, such as the development of soft law and best practices, can increase voter support for major reforms. Instead, international and European Union negotiations to establish binding legal obligations can be costly and protracted, resulting in "too little, too late. " However, the book also explains how electoral calculations do not favor the spread of successful policies that happen to originate in small and remote states.

When government officials become aware of an impending disaster, they may take steps to protect citizens before the incident occurs. Evacuation of the geographic area that may be affected is one option to ensure public safety. If implemented properly, evacuation can be an effective strategy for saving lives. Evacuations and decisions to evacuate, however, can also entail complex factors and elevated risks. Decisions to evacuate may require officials to balance potentially costly, hazardous, or unnecessary evacuations against the possibility of loss of life due to a delayed order to evacuate. This book discusses federal evacuation policy and analyses potential lessons learned from the evacuations of individuals in response to the Gulf Coast hurricanes of 2005 with a focus on potential lawmaking and oversight on evacuation policy.

Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; and, the Food Claims Regulation. It also includes: the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.

In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.

In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.

In the last half-century, radical changes have rippled through the workplace and the home from Boston to Bombay. In the face of rapid globalization, these changes affect us all, and we can no longer confine ourselves to addressing working and social conditions within our own borders without simultaneously addressing them on a global scale. Based on over a thousand in-depth interviews and survey data from more than 55,000 families spanning five continents, Forgotten Families is the first truly global account of how the changing conditions of work threaten children, women and men, and the infirm. It addresses problems faced by working families in industrialized and developing countries alike, touching on issues of child health and development, barriers to parents getting and keeping jobs, problems families confront daily and in times of crisis, and the roles of growing inequalities. Rich in individual stories and deeply human, Heymann's book proposes innovative and imaginative ideas for solving the problems of the truly belabored together as a global community.

This is the first comprehensive analysis of the European Union law of food regulation. It details the way in which EU law impacts upon the production and sale of food throughout the Union. It examines the legal protection accorded to the free movement of food within the EU, discussing those circumstances in which Member States may derogate from this principle, in particular where this is done to protect human health or safeguard consumer interests. Chapter four discusses and places in context the international trade law influences on EU food law. Chapter five describes EU responses to recent food safety crises - avian influenza and BSE. The book also deals with issues such as nutrition law and policy, obesity, GMOs, organic food, animal welfare and food naming and labelling. This book offers an account of the historical, political, sociological and jurisprudential context of European Union food law. The author, who is an academic and consultant in this area, translates the legal and scientific complexities of food law into a lucid and compelling narrative. The resulting work will also prove an indispensable guide to the practitioner.

En este libro la Dra. Georgina Chan Perdomo y su hija Melisa Perdomo Roy exploran lo que el mundo cientifico recomienda para prevenir las causas principales de muerte en el nacimiento de este milenio: Infartos Cardiacos, Infartos Cerebrales., SIDA/VIH, Cancer y Enfermedades Infecciosas. Hace 3,500 anos, se le dieron cinco libros de leyes, La Tora, a un grupo de esclavos perseguidos, para que aprendieran como sobrevivir. En estas primitivas escrituras, podemos encontrar consejos que si los seguimos, previenen o retrazan las cinco causas de muerte mas comun en el presente. Estos escogidos debian compartir esa informacion con el resto de la humanidad. Las similitudes entre las guias de Las Organizaciones Mundial de la Salud del siglo XXI y las antiguas leyes de La Tora son impresionantes. Ellas fueron dadas como Leyes, pero en realidad son una reflexion del amor del Creador por su creacion, la humanidad, para que pudieramos vivir largas vida llenos de felicidad y salud. Que mas tienen Las Escrituras Sagradas que nos pueden ayudar hoy en dia? Discutimos al final del libro el impacto que tuvieron Las Palabras de Dios no solo en nuestra vida fisica sino tambien espiritual.

En este libro la Dra. Georgina Chan Perdomo y su hija Melisa Perdomo Roy exploran lo que el mundo cientifico recomienda para prevenir las causas principales de muerte en el nacimiento de este milenio: Infartos Cardiacos, Infartos Cerebrales., SIDA/VIH, Cancer y Enfermedades Infecciosas. Hace 3,500 anos, se le dieron cinco libros de leyes, La Tora, a un grupo de esclavos perseguidos, para que aprendieran como sobrevivir. En estas primitivas escrituras, podemos encontrar consejos que si los seguimos, previenen o retrazan las cinco causas de muerte mas comun en el presente. Estos escogidos debian compartir esa informacion con el resto de la humanidad. Las similitudes entre las guias de Las Organizaciones Mundial de la Salud del siglo XXI y las antiguas leyes de La Tora son impresionantes. Ellas fueron dadas como Leyes, pero en realidad son una reflexion del amor del Creador por su creacion, la humanidad, para que pudieramos vivir largas vida llenos de felicidad y salud. Que mas tienen Las Escrituras Sagradas que nos pueden ayudar hoy en dia? Discutimos al final del libro el impacto que tuvieron Las Palabras de Dios no solo en nuestra vida fisica sino tambien espiritual.

What responsibilities, if any, do we have towards our genetic offspring, before or after birth and perhaps even before creation, merely by virtue of the genetic link? What claims, if any, arise from the mere genetic parental relation? Should society through its legal arrangements allow 'fatherless' or 'motherless' children to be born, as the current law on medically assisted reproduction involving gamete donation in some legal systems does? Does the possibility of establishing genetic parentage with practical certainty necessitate reform of current legal regimes of parenthood? And what limits, if any, should we set on parental procreative choices in the interests of future children, particularly with regard to genetic engineering and related techniques? These are the questions explored in this book by some of the foremost legal, bioethical and biomedical thinkers. Assembled with a view to assisting the reader to reflect critically on the ongoing social experiment which medically assisted reproduction is today, the essays in this collection highlight what are - and what else might in the nearby future become - possible reproductive options and respond to the difficulties we encounter in assessing these practices and possibilities from our traditional ethical vantage points. Contributions by: Andrew Bainham, Thomas Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie Steinbock and Mary Warnock.

This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.

We invest more in health care than ever before, yet we are more anxious about doctors, hospitals, and the NHS in general. As perceptions of patients' rights have expanded, so has the transparency of the difficult choices that are routine. Government has become more critical of the NHS and the public less willing to wait for treatment. Why does demand for health care consistently exceed supply and how should Government manage the problem? There is a danger that improved rights for the strong and articulate will ignore less visible, or unpopular interests. How should the rights of elderly patients, or children, or those with terminal illnesses be balanced? Who should decide: the government, doctors, NHS managers, citizens, or the courts? How should decision-makers be held accountable, and by whom? How should governance regulate the NHS? As patients become 'consumers' of medical care, what choice do they have as to how, where, and when they will be treated; and should this include hospitals abroad? This completely revised new edition puts patients' rights into their political, economic and managerial contexts. It considers the implications of the Bristol Inquiry and the rhetoric of patients as 'consumers' of care. In balancing the rights of individuals with those of the community as a whole, it deals with one of the most pressing problems in contemporary society.

Strategies in Workers' Compensation, written with the healthcare medical professional in mind, describes the nuts and bolts of workers compensation. The book details the history, laws, various stakeholders, costs, and problems encountered by healthcare providers. An emphasis is placed on the "difficult patient" with regard to management techniques for doctors, insurance companies, and employers. In addition, Strategies in Workers' Compensation offers reference material to aid in understanding the complex workers' compensation system. Human resource professionals, insurance adjusters, case managers, and nurses will find the information contained in this book useful in confronting the myriad of problems that arise within their respective fields. This book is a valuable resource for anyone who deals with the injured worker.

This book focuses on the legislative process through a case study of the Veterans Millennium Health Care Act of 1999 signed by President Clinton on November 30, 1999. This research examines the roles and interactions of various actors in the legislative process (i.e., congressional party leaders, executive branch, veterans interest groups, state health care providers and Congress) during the first session of the 106th Congress in overcoming what traditionally is an extremely lethargic, slow and relatively resistant structural environment. The principle finding of this study include the structural role orientations of legislators towards utilizing already formed interpersonal relationships to 'fast-track' the 1999 veteran's legislation in record time.

Dealing with major issues in Jewish biomedical law, this book focuses upon the influence of morality, the rise of patient autonomy, and the role played by scientific progress in this area of Jewish Law. The book examines Jewish Law in comparison with canon, common, and modern Israeli law.

Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favour of economic considerations, and for its visible undermining of unique cultural identities. This book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The beef hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion.

There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights, these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights

Offers a comprehensive overview of the legislation and legal issues surrounding animals. Written by Jordan Curnutt, Animals and the Law covers everything from the Silver Spring monkeys, subjects in the first U.S. lab raided by police where criminal charges were filed against a scientist conducting federally funded research, to sex with animals. Among the subjects reviewed are kosher and Halal food restrictions, mad cow disease and cattle cannibalism, animals in laboratories, and as entertainment-in circuses, zoos, rodeos, horse racing, cockfighting, and more. Also included are appendixes of animal organizations, cases, statutes and regulations, and an extensive bibliography. Includes a list of major animal organizations actively engaged in legal matters on a national level Includes tables of cases, authorities, statutes, and regulations

This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.