|
INTENSIVE COURSE ON MEDICAL LAW
COURS INTENSIF DE DROIT MÉDICAL
2 - 15 SEPTEMBER 2001
I Course Contents
The Intensive Course on Medical Law is the
result of the cooperation between sixteen European universities:
Athens, Bremen, Cambridge, Coimbra, Essex, Geneva, Helsinki, La
Sapienza Rome, Louvain, Poitiers, Regensburg, Sheffield, Tartu,
Uppsala, Utrecht and Vienna.
Most specially, Professor Ewoud Hondius, together with Sabine Michalowski
and Marianne Sedlmeier, has set up the Summer Programme in European
Medical Law. This programme has been very successful as a forum
for discussion and promotion of medical law.
The first three Courses (Regensburg, Utrecht and Helsinki) had a
grant of the Commission of the European Communities. Unfortunately,
after three years the European Commission no longer supports this
kind of programmes; therefore we have been asking for sponsors in
Portugal in order to continue this scientific project, and some
Institutions give us some financial support.
This year we will follow the traditional organisation: 2 students
from each partner-University and 5 from the host University; but
we will also invite 1 or 2 students/professionals from the each
of the Portuguese speaking countries: Angola, Brazil, Cape-Green,
Guinea-Bissau, Mozambique, S. Tomé e Príncipe and
East-Timor. We also invite a few students from other Universities
(Maastricht and Deusto). There will be around 40-50 students in
the class-room.
The course aims at introducing the students
into selected topics of bioethics and medical law, such as patients
rights and health care systems in different European countries,
euthanasia and palliative medicine, the reproductive health law,
including surrogate motherhood and cloning, genetics, patenting,
medical liability, privacy legislation, health and human rights
and finally a debate on the European Convention on Human Rights
and Biomedicine.
This edition the official languages will
be English and French.
II Teaching Staff
We are happy to welcome leading academics
in the field of health law, medical ethics and medicine:
Professor Costa Andrade, University of
Coimbra.
Professor of Criminal Law.
Professor Luís Archer,
Ph.D. in Molecular Genetics (USA). Introducer
in Portugal of research and teaching in Molecular Genetics. Emeritus
Professor, New University of Lisbon. President, The National Council
of Ethics for the Life Sciences (appointed by the Prime-Minister).
Academician, Lisbon Academy of Sciences, European Academy of Sciences
and Arts, New York Academy of Sciences. Award: "Grã-Cruz
da Ordem de Sant'Iago da Espada, 1991. Eight books, 250 papers published.
Jesuit Priest.
Professor Roger Brownsword;
Professor of Law, University of Sheffield,
1990-present; Head of Department of Law, University of Sheffield,
1999-present Director and Member of the Editorial Committee of the
Modern Law Review and editor of the case-note section, 1990-1999;
Convenor of the Wedderburn Prize Committee.
Professor Alberto Cadoppi, University
of Parma.
Professor Faria Costa, University of Coimbra.
Professor of Criminal Law and Philosophy of
Law, Member of the Ethics Committee at the Coimbra's University
Hospital. He has published several articles on biomedical issues.
Professor Ewoud Hondius, University of
Utrecht.
Ewoud Hondius (1942) read law in Leyden and
New York (Columbia University). He has been Professor of Civil Law
at the University of Utrecht as of 1980. Before that, he was Professor
of Civil Law at the University of Leyden. He has been a Visiting
Professor at the Universities of London (Queen Mary & Westfield
College), Paris I and Sydney. He is a member of the Netherlands
Academy of Sciences and of the International Academy of Comparative
Law.
Since 1985 he has been involved in teaching medical law, in particular
the relation between patient and doctor. He has taught medical law
both in Utrecht and in Paris, as well as in postgraduate courses
for medical scientists and lawyers. He is a member of the Editorial
Board of the Dutch Medical Law Review (Tijdschrift voor Gezondheidsrecht),
is a member of a Complaints Board for Medical Liability of a large
insurance company and has served on a number of government commissions
dealing with medical law. He has also published a number of law
review articles on medical law. Together with Sabine Michalowski
and Marianne Sedlmeier he has set up the Summer Programme in European
Medical Law.
Professor Gilbert Hottois, Free University
of Brussels.
Professor Raimo Lahti, University of Helsinki.
Professor Raimo Lahti has degrees on two disciplines:
he gained his Doctorate in law in 1974 and a Master's degree in
social sciences in 1971. He has been Professor in Criminal Law first
at the University of Turku and then at the University of Helsinki
since 1976. He has led the research group on Biomedicine and law
at the University of Helsinki since 1995. He has been actively involved
in the development of medical law in Finland. He was Secretary of
the Abortion, Sterilisation and Castration Law Committee (1967-68),
Chairman of the Commission on the Legal Safeguards in Health Care
(1980-82), Chairman of the Working Party on the Legal Aspects of
the Hunger Strike of a Prisoner (1990-91) and Chairman of the Working
Party on Crimes against the Embryo and Foetus and the Genetic Integrity
(1988-89, 1998 - ).
He has been a Permanent Expert for the National Board of Health
(1970-91) and continued as a Permanent Expert for the Board's successor
National Authority of Medicolegal Affairs (1992 - ). Professor Lahti
has also been a Member of the National Advisory Board in Health
Care Ethics since its foundation in 1998. His primary interest areas
include patients' rights, sanction systems in medical law (including
medical liability), forensic medicine and the legal status of the
fetus and the embryo.
Professor Sinde Monteiro, University of
Coimbra.
Professor Jorge Ferreira Sinde Monteiro (1944)
obtained his Ph.D. in 1990 from the Faculty of Law, University of
Coimbra. He was appointed Professor auxiliar and, in 1995, was promoted
to the level of Professor associado. He is a member of the Direction
of the "Centro de Direito Biomédico da Faculdade de
Direito da Universidade de Coimbra" (Center of Biomedical Law,
Faculty of Law of the University of Coimbra). He has participated
in a variety of colloquiums and study groups, both in Portugal and
abroad. In the Faculty of Law of the University of Coimbra he runs
the course on the Law of Obligations (Direito das Obrigações)
and post graduate Studies on Civil Law (civil liability).
In the ambit of a European Science Foundation research project he
compiled the (civil law) part of the report on Medical Liability
in Portugal (published in Medical Responsibility in Western Europe,
1985). He has also co-authored the Portuguese report for the International
Encyclopedia of Comparative Law.
Professor Herman Nys, University of Leuven.
Herman Nys obtained a degree of master (1974)
and doctor (1990) in law at the KULeuven. He specialised in medical
law in European universities (Nijmegen; London). He teaches medical
law in the medical and law school of the Kuleuven and is guest professor
at the Université Catholique de Louvain. He is also professor
in international health law at the University of Maastricht. He
is the author of a standardwork on Belgian medical law that was
published in Dutch (1991) and French (1995). He is the editor of
the International Encyclopaedia of Medical Law, a looseleaf review
of medical law of many national states. His main research interests
are genetics, biomedical research with human beings and end of life.
He is past-president of the Advisory Group on Ethics of Europabio
and member of the Belgian Advisory Council on Bioethics and different
institutional ethics committees.
Professor Guilherme de Oliveira, University
of Coimbra, Course Director;
Professor of Civil Law (Family Law) and Medical
Law (at the Faculty of Medicine). Director of the Centre for Biomedical
law and the Centre for Family law, he organizes the post-graduation
course on Medical Law and the Course on Protection of Minors. He
published several articles and books on the fields of family law
and medical law. Prof. Oliveira is the Course Director.
Professor Alexandre Quintanilha,
Professor of Biophysics, Biomedical Institute
and Director of the Institute of Molecular and Cell Biology at the
University of Oporto.
Professor Jorge Saraiva, University of
Coimbra, Faculty of Medicine;
MD, Faculty of Medicine, University of Coimbra,
Portugal, 1985; "Diploma in Clinical Genetics", Department
of Paediatric Genetics, Institute of Child Health, University of
London, United Kingdom, 1991; MSc, Medical Genetics, University
of Porto, Portugal, 1993; PhD, Medicine, University of Coimbra,
Portugal, 1995. Director of the Medical Genetics Unit, Paediatric
Hospital of Coimbra; Member of the Direction of the Medical Genetics
College, Ordem dos Médicos; Former President of the Portuguese
Society of Human Genetics. Author of two books and 60 scientific
publications (20 in international journals and 40 in Portuguese
journals).
Professor Jorge Sequeiros, Universidade
do Porto.
Jorge Sequeiros, Professor of Medical Genetics,
ICBAS, and director of UnIGENe (Unit for
Genetics and Epidemilological Research on Neurological Disorders),
and of CGPP (Center
for Predictive and Preventive Genetics), IBMC, Univ. Porto; member
of the Ethical
Committees of ICBAS, IBMC, SPGH (Portuguese Society of Human Genetics)
and of the Ataxia
Research Group, World Federation of Neurology; President of the
College of Medical
Genetics, Ordem dos Médicos (Portuguese Medical Association).
Professor Meliço Silvestre, University
of Coimbra, Faculty of Medicine;
Professor of Internal Medicine and Infectious
Diseases Chair. President of the Committee on Medical Education
at the Faculty of Medicine. Director of the Infectious Diseases
Department of the Hospital of the University of Coimbra.
Professor Asier Urruela-Mora, University
of Deusto, Bilbao;
Asier Urruela Mora (born in Bilbao, Spain)
has a Degree in Law and Economics (University of Deusto). He has
worked as lawyer for the firm "Ernst & Young" in Bilbao,
in the Tax Department, being in charge of the Labour Law Department
as well.
Since October 1998, he holds a Research Scholarship granted by the
Basque Government, as Assistant of the Criminal Law Department in
the Faculty of Law at the University of the Basque Country (UPV/EHU).
He is currently member of the InterUniversity Chair BBVA Foundation-Provincial
Government of Biscay, in Law and the Human Genome, University of
Deusto and University of the Basque Country (UPV/EHU). He is also
Lecturer of Criminal Law at the Universidad a Distancia (UNED) in
Bergara. He has published a number of articles about Criminal Law.
His other research interests centre on Genetics, having given several
lectures and participated in different projects, both at home and
abroad. Currently he takes part as member of the InterUniversity
Chair BBVA Foundation-Provincial Government of Biscay, in Law and
the Human Genome, University of Deusto and University of the Basque
Country (UPV/EHU) in the EU Project "Xenotrasplantation: ethical,
social, economical and legal aspects".
Professor Duarte Nuno Vieira, University
of Coimbra, Faculty of Medicine.
Professor of Medicine - University of Coimbra,
President of The National Institute of Legal Medicine, President
of The Legal-Medical Council, President of the National Council
of Legal Medicine, President of the Complementary Internal of Legal
Medicine, President of the Portuguese Association of Corporal Damage
Assessment, Vice-President of the International Academy and the
European Academy of Legal Medicine, Direction Member of the European
Confederation of Specialists in Corporal Damage Assessment; Portugal
Delegate in The European Council of Legal Medicine.
Dr. Álvaro Dias, University of
Coimbra.
Dr. Salla Lötjönen, University
of Helsinky.
Ms. Salla Lötjönen (1970) is a researcher
and lecturer at the University of Helsinki. She gained her LL.M.
in 1995 at the University of Helsinki and in the following year
she did the Master of Arts degree in Medical Ethics and Law at King's
College London. During the academic year 1997-1998 she was a visiting
researcher at the University College London. She is the jurist member
of the National Medical Research Ethics Committee of Finland and
she has written on medical research, medical negligence and research
ethics.
Dr. João Loureiro, University of
Coimbra.
Member of the Center of Biomedical Law and Center for Bioethical
Studies, teaches Constitutional Law at the Faculty of Law, Coimbra.
He has published several articles on human genome, embryo, abortion,
transplantation and other bioethical and biomedical issues.
Dr. João P. Remédio Marques,
University of Coimbra;
João P. Remédio Marques studied
law at the Faculty of Law of the University of Coimbra. He obtained
a LLM on Civil Law in February 1993. He is presently preparing a
PhD dissertation on the legal framework of the patenteability of
biological material (including the human genes and parts of the
human body: cells, tissues, organs,…). He is Assistant Professor
of Family and Sucession Law in the Law Faculty of the University
of Coimbra and Professor of Comercial and Civil Procedure Law in
the Law Faculty of the Lusíada University of Oporto. He has
published several articles on intellectual property protection (patents,
copyright, industrial designs) of biological material, including
human genes.
Dr. Sabine Michalowski, University of
Essex;
Sabine Michalowski is currently a lecturer
in law at the University of Essex. Prior to that, she was a lecturer
in law at the University of Sheffield. She graduated from Hamburg,
qualified as a lawyer in Berlin, holds a Diploma in Comparative
Law awarded by the University of Paris II and a PhD from the University
of Sheffield. Her main research interests lie in the area of health
law, and she has published on different aspects of health law from
a comparative European perspective. She is currently teaching medical
law, criminal law and comparative law.
Dr. Helena Moniz, University of Coimbra.
Helena Moniz studied Law at the Faculty of
Law, University of Coimbra (1982-88); in 1992, postgraduated with
a dissertation on Criminal Law - Forgery documents [original title:
O crime de falsificação de documentos, Coimbra: Almedina,
1993 (out of print), Coimbra Editora, 1999 (reimpression), ISBN
972-32-0931-4]. Assistant in the same Faculty since 1999; member
of the International Association of Penal Law, since 1992; since
1997, member of Instituto de Direito Penal Económico (Institut
of European and Economic Criminal Law); since 1998, researcher at
Centro de Direito Biomédico; permanent collaborator of the
Portuguese Criminal Review (Revista Portuguesa de Ciência
Criminal). Presently is preparing a doctoral dissertation in Criminal
Law.
III ECTS Credits
The teaching will consist of ca. 60 contact
hours. This does not include examinations, excursions and time for
course preparation and further reading. There will be two written
tests at the end of each week with essay questions and cases.
Students passing the written exams will earn 10 ECTS credits. Marks
will be given on the ECTS scale A - B - C - D - E. Students should
check with their university how the academic recognition of the
course is organised in their home university.
IV Application Requirements
Participating students should at least be
in the third year of their studies, preferably further. Since the
courses will be held in English and French, good working skills
in both languages are required. Most of the classes, though, will
be taught in English. Two students from each University will be
selected by the participating university. Interested students should
get in touch with their local coordinator to get information on
the local application procedure for the course (see list of local
coordinators).The nominations of the participating students will
have to be sent to Coimbra by 15 June 2001.
V Travel and Accommodation
Since we do not have the grant from the Commission
of the European Communities each student will have to pay his/her
own trip to Portugal (Lisbon or Oporto Airports) and train/ bus
to Coimbra.
On the other hand the Accommodation is free. The students will be
housed in a student residence in town.
VI Fees
Each student has to pay a fee of 100 EUR,
in order to help us cover a small part of the expenses of the course.
VII Social Programme
Monday, 3 September,
there will be a dinner offered by the Bar Association (Ordem dos
Advogados- Coimbra).
Friday, 7 September,
the Governor (Governador Civil de Coimbra) offers us a dinner.
On Saturday, 8 September, there
is a trip to Conimbriga, a nearby roman ruin that was once a town.
We will also see other interesting surroundings.
Thursday, 13 September, the
Medical Association (Ordem dos Médicos - Coimbra) gives us
a reception.
The ELSA-Coimbra will also organise some evening parties for the
participating students.
VIII The City of Coimbra
WWW
links for information on the University of Coimbra and Coimbra City:
http://www.fd.uc.pt
http://www.fd.uc.pt/Album.html
http://www.uc.pt
http://www.lexmedicinae.org
http://www.cm-coimbra.pt
IX How to get to Coimbra
By plane: Lisbon Airport or Oporto Airport;
afterwards: by bus or by train.
X Further information
More information on the course contents is
provided by Professor Guilherme de Oliveira (course director) and
Mr André Pereira (course coordinator) at the University of
Coimbra.
XI Local cordinators:
Athens
Prof Dr Ism Androulidakis-Dimitriadis
Ethniko kai kapodistriako panepistimio Athinon
Aristophanous Str 5
Amaroussion
GR 151 22 Athens
fax 00-30-1-80 64 358
Bremen
Universität Bremen
Akademisches Auslandsamt
Prof Dr H. Lichtenberg
Bibliothekstrasse
D-28359 Bremen
fax 00-49-421-218 4320
Cambridge
Ms. Catherine Barnard
E2 Bishop's Hostel
Trinity College
Cambridge CB2 1TQ
fax 00-44-1223-338 564
Coimbra
Professor Guilherme de Oliveira
Faculdade de Direito
Universidade de Coimbra
3004-545 Coimbra
fax 00-351-239-821043
Essex
Ms. Sabine Michalowski
University of Essex
Department of Law
Wivenhoe Park
Colchester CO4 35Q
Genéve
Université de Genéve
Monsieur le professeur Bernd Stauder
Faculté de droit
102 bd Carl-Vogt
CH-1211 Genéve
fax 00-4122-705 8467
Helsinki
Professor Raimo Lahti
Faculty of Law
P.O.Box 4
FIN - 00014 University of Helsinki
fax: 00-358-9-1912 3090
email: raimo.lahti@helsinki.fi
Louvain-la-Neuve
Madame le professeur
Geneviéve Schamps
Université Catholique de Louvain
Collége Thomas More
2 Place Montesquieu
B-1348 Louvain-la-Neuve
fax 00-32-10-473 058
Poitiers
Monsieur le professeur
Dominique Breillat
Université de Poitiers
Faculté de droit
F-86022 Poitiers
fax 00-33-5-4945 3152
Regensburg
Universität Regensburg
Akademisches Auslandsamt
c/o Ms. Marianne Sedlmeier
Universitätsstraße 31
D-93053 Regensburg
fax 00-49-941-943-3882
email: marianne.sedlmeier@verwaltung.uni-regensburg.de
Rome
Professor M J Bonell
Universitá degli studi di Roma "La Sapienza"
Centro di Studi e Ricerche
Via Panisperna 28
I-00184 Roma
fax 00-39-6-679-8894
Sheffield
Ms. Diane Longley
University of Sheffield
Department of Law
Crookesmoor Building
Conduit Road
Sheffield S10 1FL
email: D.Longley@sheffield.ac.uk
Tartu
Dean Jaan Ginter
University of Tartu
Faculty of Law
Naituse 20
50409 Tartu
fax 00-372-7-375 399
Uppsala
Dr Elisabeth Rynning
Uppsala Universitet
Juridiska fakulteten
Box 512
S-751 20 Uppsala
fax: 00-46-18-15 27 14
email: Elisabeth.Rynning@jur.uu.se
Utrecht
Prof. Ewoud Hondius
Universiteit Utrecht
Molengraaff Instituut voor Privaatrecht
Nobelstraat 2 A
NL-3512 EN Utrecht
fax: 00-31-30-253 7203
Vienna
Herrn Prof. Dr Helmut Ofner M. jur
Universität Wien
Institut für Rechtsvergleichung
Schottenbastei 10
A-1010 Wien
fax 00-43-1-4277 9351
XII SHEDULE
Sunday 2. 9. 01
Arrival, Accommodation, social program
Monday 3. 9. 01
9.00- 9.15 Welcome for the course:
Professor
Lopes Porto (Dean of The Faculty of Law),
Professor Guilherme de Oliveira
(University of Coimbra), Course Director.
9.15-11.00 Patient´s Rights and the Health Care System
in Portugal:
Professor
Guilherme de Oliveira (University of Coimbra).
11.15 - 13.00 Patient's Rights and the Health Care System in
Finland:
Professor
Raimo Lahti (University of Helsinki).
13.00 - 14.15 Lunch
14.15-16.00 Afternoon Seminar: Patient's Rights in Europe:
Professor
Guilherme de Oliveira,
Professor Raimo Lahti and Professor
Herman Nys (University of Leuven).
19.00 Social Programme: Dinner (Bar
Association - Coimbra)
Tuesday 4. 9. 01
9.00 -11.00 Euthanasia in Belgium and in the Netherlands:
Professor
Herman Nys (University of Leuven).
11.15. - 13.00 Euthanasie, suicide assisté, medicine palliative:
une perspective portugaise:
Prof.
Faria Costa (Université de Coimbra).
13.00 - 14.15. Lunch
14.15 -16.00 Afternoon seminar: Patient's rights at the End of
Life:
Professor
Herman Nys,
Professor Faria Costa and
Professor Raimo Lahti.
Wednesday 5. 9. 01
9.00 - 10.30 In Vitro Fertilization:
Professor
Asier Urruela-Mora (University of Deusto).
10.30 - 12.00 "Human Dignity, Human Rights, and Surrogate
Motherhood"
Professor
Roger Brownsword (University of Sheffield).
12.00 - 13.00 "Wrongful birth and Wrongful life actions":
Dr. Álvaro
Dias (University of Coimbra).
13.00 - 14.15 Lunch
14.15. - 16.00 Afternoon Seminar: Reproductive
Health Law:
Professor
Guilherme de Oliveira,
Professor Roger Brownsword,
Professor Asier Urruela-Mora,
Professor Clara Pinto Correia,
and
Dr. Álvaro Dias.
Thursday 6. 9. 01
9.00 - 11.00 Genetic and Law:
Professor
Asier Urruela-Mora (University of Deusto).
11.00 - 13.00 "Test cases for Human Dignity: The conjoined
Twins and Cloning"
Professor
Roger Bownsword (University of Sheffield).
13.00 - 14.15 Lunch
14.15. - 16.00 Afternoon Seminar: Juridical Implications on Genome
Knowledge
Professor
Guilherme de Oliveira,
Professor Roger Brownsword,
Professor Asier Urruela-Mora,
Professor Jorge Saraiva.
Friday 7. 9. 01
9.00 - 11.00 Biomedical Research
Dr. Salla
Lötjönen (University of Helsinki).
11.00 - 13.00 "Dommage Corporel"
Professor
Duarte Nuno Vieira (Faculty of Medicine, University of Coimbra)
and
Dr. Álvaro Dias (University
of Coimbra).
13.00-14.30. Lunch
14.45 - 17.00 Examination
14.30.- 18.00: Seminário em língua portuguesa:
O Estado actual do direito português da medicina: Confronto
dos sistemas nacionais e oportunidades de Cooperação.
Governador
Civil do Distrito de Coimbra
Prof. Doutor Guilherme de Oliveira
14.15 - 16.00 "AIDS, a social
and a medical problem"
Professor
Costa Andrade and
Professor Meliço Silvestre
16.15 - 18.00 Research with embryos
Dr. Sabine
Michalowski (University of Essex).
Thursday 13. 9.
01
9.00-11.00 "Les Droits de l'homme comme cadre de référence
de la bioéthique et du biodroit. Une mise en perspective
philosophique critique.":
Prof.
Gilbert Hottois (Université Libre de Bruxelles)
11.00-13.00 Transplantations
Prof.
Faria Costa (Université de Coimbra).
14.30 - 18.00 General Discussion on the European Convention on
Human Rights and Biomedicine (Oviedo)
Professor
Guilherme de Oliveira,
Professor
Luís Archer (President of the Portuguese Ethics Committee
for Life Sciences);
Professor
Alexandre Quintanilha (Faculty of Medical Sciences Abel Salazar);
Professor
Gilbert Hottois (Free University of Brussels);
Dr
Sabine Michalowski (University of Essex);
Dr.
João Loureiro (University of Coimbra).
19.00 Farewell Party - Dinner (Ordem dos Médicos-Coimbra).
Friday 14. 9. 01
10.45.-13.00 Examination
DEPARTURE
Course Director: Prof. Dr. Guilherme de Oliveira
Course coordinator: Dr. André Pereira
Sponsors:
Fundação Luso-Americana
The British Council
Fundação Eng. António de Almeida
Fundação Calouste Gulbenkian
Governo Civil de Coimbra
Câmara Municipal de Coimbra
Ordem dos Médicos - Coimbra
Ordem dos Advogados - Coimbra
Serviços Sociais da Universidade de Coimbra
|
