Alan Turing and the Alan Turing law

alan turing

Ewha Law School

Jungwoo Kang

 

The Alan Turing Law refers to the amnesty law in the Policing and Crime Act 2017 in the UK, which emerged to pardon men who were convicted under the historical laws that forbade homosexual acts. The provision is named after Alan Turing, who is a mathematician, codebreaker and computer pioneer. He died in 1954, aged 41 after poisoning himself with cyanide. It was two years after he was convicted of gross indecency. His biography is the basis for the film and the television play, The Imitation Game, and those brought Turing’s legacy to a wider audience. The success of the works show the worldwide interests towards his dramatic life as a genius codebreaker of Bletchley Park and a gay man in the 1900s. The 2017 Act was broadly welcomed despite of some arguments that it was not enough. READ MORE

Assisted Dying Bill; legalisation of a right to die

assisted dying

Ewha Law School

Jungwoo Kang

The question of whether assisted dying should be legalised has become more prominent than ever before for different reasons such as increased discourse of patients’ autonomy in medical law or the development of new medical technologies. Many domestic laws strictly ban active or passive euthanasia, which involves any positive act of doctors killing their patients or their omission to let the patients die. Aiding or abetting someone to suicide is also a serious offence under many statutes like Suicide Act in the UK, and the act is punishable with imprisonment for up to 14 years under the law. European and British courts have made it clear that they do not recognise a right to decide when and how to die, and assistance to die is strictly unlawful. READ MORE!

Lessons from the case of Charlie Gard

charlie_gard_protest_gi

Ewha Law School

Jungwoo Kang

Charlie Gard, the 11-month-old baby, died on 28th July after the lengthy legal battle which has been the subject of global attention. Charlie was born with mitochondrial DNA depletion syndrome which causes progressive muscle weakness and brain damage. When he was diagnosed at the Great Ormond Street Hospital, his prognosis was bleak. It was clear he could not breathe without a ventilator, and he could feel pain. His health got worsened quickly, and the medical profession reached to a decision that it was in his best interests to turn off Charlie’s life support and help him die with dignity. The parents disagreed to withdraw the life support, so they went to the court. The courts, however, agreed with the doctors and ruled the doctors can stop providing the treatment.  READ MORE

Compulsory Licensing of Pharmaceutical Patents

2 사진

Ewha Law School

Jungwoo Kang

 

Pharmaceutical research is time-consuming and expensive, so it needs to be supported by the means that encourages and rewards companies to keep working on development of new drugs, which is granting patent rights. The WTO came up with the Trade-Related Aspects of Intellectual Property Rights(TRIPs) agreement to set common international rules to protect intellectual property rights. Under the protection of the international laws and any other domestic laws, patent holders are granted an exclusive right to make use of the invention, preventing others from exploiting it.

However, as the protection for pharmaceuticals inevitably makes drugs more expensive and less accessible, the WTO has been allowing compulsory licensing under Article 31 of the agreement. READ MORE

The Enactment of the ‘Right to Try’ Experimental Drugs in the States

Prescription Medication Spilling From an Open Medicine Bottle

Ewha Law School

Jungwoo Kang

 

Bob Godshall, a Pennsylvania state representative, authored a ‘right to try’ bill that is currently under consideration. His personal experience of being diagnosed with multiple myeloma convinced him that all patients suffering from permanent diseases should have the right to try experimental medicines. Godshall was denied a bone marrow transplant but managed to get it after agreeing that he would not hold the doctors responsible in case he did not make it. Like Godshall, the advocates for the so-called ‘right to try’ have tried to enact legislation to let terminally ill patients access treatments that are not yet approved by the FDA.

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