4th Course Advanced Training Programme Justice XXI – 2009
Health Law, Biolaw and Bioethics

November 21st, 27th and 28th, December 11th and 12th, 2009, CES Lisboa

General Programme Information

Registrations


Course Coordinators

Paula Lobato de Faria (ENSP-UNL)
João Arriscado Nunes (CES)
Nuno Coelho (ASJP)

 
Presentation

This new advanced training course “Justice XXI”, aims to approach the thematic of Health Law, Biolaw and Bioethics.
Issues that point out to the new – and also fascinating – judicial territories, loci where traditional judicial institutes and classic disciplinary distinctions are definitely put to the test. 

And this occurs at a time in which, increasingly, the ethic-judicial limits of science and technology are questioned and concernful dilemmas arise in what pertains to epidemic phenomenon at global scale.  

At the same time, come to court cases whose appreciation determines the indispensability of an unavoidable disciplinary crossing and of knowledges between, on one hand, sciences, medical practices, biotechnologies or health sciences in general, and, on the other hand, the practical and prudential knowledge of law, demonstrating the indispensability of this training initiative, that seeks to broaden the debate that has emerged, regarding these thematics, to the practical universe of law, debating, among others, the following issues: What solution may law find , in dialogue with sciences and other knowledges , regarding the problems that have come to light through our current political process, social but also ecological, natural and sanitarian? How to define the branch of law that is understood as receiver of the questionings and necessary normative action concerning science and biomedical techniques? What is the role granted to the jurist, law enforcer and courts in litigation and dilemma resolution that, by their density or heterogeneity put to the test the traditional judicial mechanisms? In a world ever more open to the circulation of people, capitals, information and communication, how to deal with the reinforced measures of epidemics control or how to qualify , on the other hand, the strategy of dislocation of scientific and technological research experiences of some of the more central countries to less regulatory countries in deontological and ethical terms?  

Other themes of the same degree of significance and contemporaneity will, also, set the tone of this programme, regarding the repercussions of the act of health care provision and conflicts of values and rights in borderline situations that emerge from the inevitable mysteries of life and death, of illness and suffering: Which judicial solutions may be found in cases that are situated in these frontiers and which juridical disciplines and institutes more fit to solve these dilemmas? Through which normative and regulative pathways have these problems been tried to be solved? Which is the degree of argumentation used, almost always pervaded by ethic and cultural and political sedimentation values, and what solutions may the compared experience give to us?

These will be the themes that shall guide the course whose programme is here exposed, which represent in the current Spectrum, in which the Life Sciences gain daily and unavoidable notoriety, an altogether fundamental knowledge regarding a strict and sapient exercise on the part of the main actors of Justice. 


Target

The advanced training courses are targeted at all professionals in the area of justice or those who have special links to this sector, namely judicial magistrates and officials at the Republic’s Prosecution Service, lawyers, judicial staff, State institution cadres particularly linked to justice administration, post-graduate course students – Master or Doctoral Degree.

 
Venue

Training sessions (November 21, 27 e 28, December 11): CES Lisboa, CIUL facilities, at Picoas Plaza em Lisboa

Final Closing seminar (December 12): Salão Nobre da Escola Nacional de Saúde Pública (ENSP)


Deadline for Registration

November 17th, 2009

 
Registrations

Registration Forms:

- Normal (200 Euros)

- ASJP Associates benefit from a 30% discount (140 Euros) Choose “Associado ASJP” in registration form.

- Lawyers and Trainee Lawyers registered in the District Councils of Lisbon, Porto and Coimbra benefit of a 10% discount (180 Euros), under the protocol states. – Choose “advogado/advogados estagiários” in registration form.

Limit number of registrations: 40

> Online registration

 
Contacts

E-mail:  justicaxxi@ces.uc.pt
Telephone: 239 855 570/72/74
Fax: 239 855 589


GENERAL PROGRAMME

November 4th (Wednesday)

9.30 – 12.30
International Conference (FREE ENTRANCE)
”The importance and limits of Law in the protection of Public Health”*
* Inaugural conference of the Advanced Training Course “Health Law, Biolaw and Bioethics”

Lecturers:
Robyn Martin – Professor of Public Health Law at the Centre for Research in Primary and Community Care, University of Hertfordshire; Visiting Scholar at the Chinese University of Hong Kong; Honorary Professor at the London School of Hygiene and Tropical Medicine; Director of the European Public Health Law Network (www.ephln.org)

Moderators:
Paula Lobato de Faria (ENSP-UNL) and João Arriscado Nunes (CES)

Guest Commentator:
Constantino Sakellarides - Director of ENSP-UNL

 
Advanced Training Course Programme

November 21st (Saturday)

9.30 – 13.00
Theme: Thematic and disciplinary framework

  • Introduction to health law, Biolaw and bioethicsPaula Lobato de Faria (ENSP-UNL)
  • Life Sciences, biosociality and biopower: challenges to law, - João Arriscado Nunes (CES)
  • Law, life sciences and multidisciplinarity: concerns for a judge  - Nuno Coelho (ASJP)

14.30 – 18.00
Theme: O the Health System and the National Health Service Law 

  • Legal Framework Paula Lobato de Faria (ENSP-UNL) and João Pereira da Costa (Master in Helath Mangement  ENSP-UNL)
  • Transborder health care – Sara Vera Jardim (LLM Heidelberg, Deputy Ombudsman for Justice)
  • Medication law and policy– Rui dos Santos Ivo (Executive-Director of APIFARMA and ex-president of INFARMED)


November 27th (Friday)

16.30 – 18.00
Theme: Law and life and death manipulation

  • Medically Assisted ProcreationPatrícia Trindade Gonçalves (Hospital Administrative)
  • Life end decisions Helena Pereira de Melo (Professor of Health Law and Bioethics , FDUNL)
  • Therapeutic futility and general medical (in)decisions - Joaquim Gomes (Judgeat the Supreme Court)

 
November 28th (Saturday)

9.30 – 13.00
Theme: Citizenship, rights and health

  • Access to health– Rita Fonseca Marques (Master in Public Health ENSP-UNL)
  • Legal framework and litigation resolutions: classic and emergent situations André Dias Pereira (Master at the School of Law, University of Coimbra) and Helena Pereira de Melo (Professor of Health Law and Bioethics, FDUNL)
  • The particular case of mental health - António João Latas (Judge at the Supreme Court)

14.30 – 18.00
Theme: Biomedical sciences and the quest for judical truth

  • Health and Genetics Information Laws and DNA banks– Manuel Simas Santos (Judge at the Court of Appeal), Amadeu Guerra (Deputy Attorney General) and Helena Machado (Professor of Sociology at the University of Minho and Associate Researcher at the Centre for Social Studies, University of Coimbra  )
  • The Forensic Medicine viewpoint - Duarte Nuno Vieira (Full Professor at the School of Medicine of Coimbra, President of the National Institute of Forensic Medicine)

 
December 11th (Friday)

Theme: Liability for damage to health

  • The judicial-legal Framework and cases of compared law  – Paula Lobato de Faria (ENSP-UNL)
  • The experience in Portuguese courts - Paulo Duarte Teixeira – Judge

 
December 12th (Saturday)

10.00 – 13.00
Final Seminar
Emergent issues on human life, science and law – the scientists’ viewpoint

  • From genetics to proteomics: progresses and dilemmas - Deborah Penque (Researcher/ Responsible Proteomics at the Centre for Research in Human Molecular Genetics of the National Health Institute– INSA)
  • Intellectual property and economy in human tissue– Tiago Santos Pereira (CES)
  • Social, ethical and scientific challenges for longevity: the physician’s viewpoint - Marcelo Faria Feio (Psychiatrist)

Commentary: Maria Eduarda Gonçalves (ISCTE)
Closing: João Arriscado Nunes (CES), Nuno Coelho (ASJP) and Paula Lobato de Faria (ENSP-UNL)