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Pediatric research and the parens patriae jurisdiction in Canada and England.
This paper considers the issue of enrolling non-autonomous minors as participants in pediatric research in light of two high court decisions concerning the sterilization of non-autonomous individuals in Canada and England. In particular, this paper looks at the 1986 case of Re Eve in which the Supreme Court of Canada found that sterilization of such persons under the parens patriae jurisdiction can be justified only if direct, therapeutic benefit to the person has been established. It is compared to the 1987 decision in Re B (a minor), in which the English Law Lords repudiated the Canadian decision and upheld the broader, traditional interpretation of the parens patriae jurisdiction which allowed best interests as justification for the non-therapeutic sterilization of non-autonomous persons. With reference to differences in the interpretations of the parens patriae jurisdiction by these two courts, it is suggested that until such time that the Canadian courts consider a case directly on point, pediatric researchers in that country must presume greater restrictions when enrolling non-autonomous subjects in research protocols than in countries such as England.
A case-based approach to sterilization of mentally incompetent women.
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Integration of the head and trunk segmentation systems controls cephalic furrow formation in Drosophila.
Genetic and molecular analyses of patterning of the Drosophila embryo have shown that the process of segmentation of the head is fundamentally different from the process of segmentation of the trunk. The cephalic furrow (CF), one of the first morphological manifestations of the patterning process, forms at the juxtaposition of these two patterning systems. We report here that the initial step in CF formation is a change in shape and apical positioning of a single row of cells. The anteroposterior position of these initiator cells may be defined by the overlapping expression of the head gap gene buttonhead (btd) and the primary pair-rule gene even-skipped (eve). Re-examination of the btd and eve phenotypes in live embryos indicated that both genes are required for CF formation. Further, Eve expression in initiator cells was found to be dependent upon btd activity. The control of eve expression by btd in these cells is the first indication of a new level of integrated regulation that interfaces the head and trunk segmentation systems. In conjunction with previous data on the btd and eve embryonic phenotypes, our results suggest that interaction between these two genes both controls initiation of a specific morphogenetic movement that separates two morphogenetic fields and contributes to patterning the hinge region that demarcates the procephalon from the segmented germ band.
No contraceptive sterilization of the mentally retarded: the dawn of "Eve".
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Sterilization of the mentally retarded adult: the Eve case.
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The Eve decision -- a common law perspective.
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The reform of adult guardianship laws: the case of non-therapeutic experimentation.
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Sterilisation and the courts.
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Law, bioethics and biomedicine--towards a healthier interaction.
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Statement on contraceptive sterilization of the mentally retarded.
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Sterilisation and mental handicap: sapping the strength of the state?
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Justice and care: mental disability and sterilization decisions.
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Supreme Court requires consent for sterilization.
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Sex and the sacred: sterilization and bodily integrity in English and Canadian law.
Through an examination of cases of non-consensual sterilization for learning disabled persons in Canada and England, this article considers the role that law plays in framing the thoughts, beliefs, and norms that fashion the ways we think about bodies, sex, gender, and sexuality. The author asks how it is that Canadian and English law, while both claiming to protect bodily integrity, have reached opposing conclusions about whether non-therapeutic sterilization can be in a person's best interests. She hypothesizes that the answer could lie in the manner in which courts have constructed the bodies of learning disabled men and women in the sphere of sexuality and reproduction. Where the overriding concern in the sterilization cases is the containment of the sexuality of a learning disabled person perceived as "out of control" or "vulnerable to seduction", sterilization is cast as a just and humane solution that will advance the welfare of the individual concerned. Conversely, where the overriding concern is the preservation of the integrity of a law committed to the principle of equality, sterilization is thought to be a violation of the bodily integrity of the person. The author shows that these two views engender very different legal and cultural discourses about best interests and bodily integrity. The debate highlighted by the sterilization cases and the commentary surrounding them reflect larger tension within legal discourse between the commitment to liberal values and the maintenance of a particular social order.
Sterilization and medical treatment of the mentally disabled: some legal and ethical reflections.
Comparative cares involving the sterilization of mentally disabled persons are cited to contextualise reforms made by legal organizations and institutions in Canada in the field. An assessment of the current state of affairs regarding sterilization is made.
The right to give life and not to be deprived of it.
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Sterilization of the mentally disabled.
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