Karl Harald Søvig

Provision of health services to irregular migrants with a special focus on children.

All European countries are now facing a situation where a part of the population consists of migrants without a permit to stay or reside. These persons may have health problems, and the question then rises regarding health services to irregular migrants. Normally, welfare benefits are offered those with a relationship to the country concerned, as citizen, asylum seeker, tourist, etc. Irregular migrants are outside the society, and it could be suggested that they therefore should be denied health services. On the other hand, common European standards of humanity lay obligations on the States, for example, where situations are life-threatening. This contribution gives an overview of relevant legal instruments, both from the UN, Council of Europe and the European Union. Although there are many similarities, the instruments have their differences, and there may even be some tensions regarding the underlying values.

Detention of Pregnant Women to Protect the Foetus - Nordiv Perspectives

The most common intoxicating substance used by expectant mothers is alcohol, which can cause Fetal Alcohol Syndrome (FAS). Norway is the only country in Europe which has introduced legislation authorizing the deprivation of the liberty of the pregnant women in order to protect the foetus. This contribution analyzes the current Norwegian legislation and the ongoing debate in the other Nordic countries. There is an important interplay between substantial, procedural and organizational rules - in addition to the allocation of financial and staff resources - which tends to end up in the background of legal analysis. This contribution is no exception, and the focus will be on substantial provisions, although attention will also be paid to procedural rules. In the final part, the chapter tries to touch on some aspects of the totality of the system, without attempting a comprehensive discussion.Keywords:Fetal Alcohol Syndrome (FAS); Nordic countries; Norwegian legislation; pregnant women

Legislation of direct-to-consumer genetic testing in Europe: a fragmented regulatory landscape

Despite the increasing availability of direct-to-consumer (DTC) genetic testing, it is currently unclear how such services are regulated in Europe, due to the lack of EU or national legislation specifically addressing this issue. In this article, we provide an overview of laws that could potentially impact the regulation of DTC genetic testing in 26 European countries, namely Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the Netherlands and the United Kingdom. Emphasis is placed on provisions relating to medical supervision, genetic counselling and informed consent. Our results indicate that currently there is a wide spectrum of laws regarding genetic testing in Europe. There are countries (e.g. France and Germany) which essentially ban DTC genetic testing, while in others (e.g. Luxembourg and Poland) DTC genetic testing may only be restricted by general laws, usually regarding health care services and patients’ rights.