Damages in Wrongful Death Cases in the Light of European Human Rights Law: Towards a Rights-Based Approach to the Law of Damages

Rijnhout, R.; Emaus, Jessy

doi:10.18352/ulr.286

Cited by 3 publications

(1 citation statement)

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“…Among the most significant changes in the opinions of scholars and approaches of national legal science of different countries to the determination of the grounds for compensation for moral damage caused in the field of healthcare, is the gradual convergence of the two complementary vectors of legal regulation. On the one hand, this refers to focus on the award of appropriate compensation in connection with the actual physical or mental losses, which is traditional for tort law, and on the other hand, this also refers to an increasingly noticeable tendency, which occurred due to the implicit reception of the positions of the European Court of Human Rights, to also ensure the protection of the general human right (for example, in case of violation of the patient's right to provide effective informed consent to medical intervention) (Rijnhout and Emaus 2014). It should be recognised that the development of this approach opens up very broad prospects for providing compensatory protection to a much larger number of patients, their family members, and close relatives.…”

Section: Common Principles Of Legal Regulation In American and European Legislationmentioning

confidence: 99%

Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients

Prymak¹,

Koreniuk

Poharchenko

2021

Int. J. Criminol. Sociol.

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One of the key areas of legal regulation of any aspect of public life (especially when it comes to personal moral rights inalienable from a person, including those that ensure the person's physical existence and reflect the human dignity inherent in every individual) is the establishment of legal guarantees for the observance and protection of subjective rights belonging to a person. The purpose of this study is to determine the centripetal (in value and functional terms) trends in the development and application of similar legal models and means of legal regulation of relations arising from harm inflicted on patients. It was concluded on the inevitability of the intensification of the world, and European, in particular, tendencies regarding the diverse use by national legal systems of similar functional legal instruments for compensation for property and moral damage in order to ensure effective protection of personal non-property and property rights of patients and related persons. Therewith, the identity of a certain national legal mechanism will be determined mainly by the orientation of the legal policy of a particular state towards the top-priority implementation of certain characteristics of compensation and proactive, preventive (which, in the context under consideration, appears as a guarantee for the observance of the rights of patients and the performance of obligations by the providers of medical services) functions of civil liability.

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Section: Common Principles Of Legal Regulation In American and European Legislationmentioning

confidence: 99%