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Privacy and the past
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ISBN: 0813574374 0813574382 9780813574370 9780813574387 9780813574363 0813574366 Year: 2016 Publisher: New Brunswick, New Jersey Rutgers University Press

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"In 2006, a HIPAA Compliance Officer in a rural Iowa county wanted to shut down a graduate student's research on a manuscript register of those admitted to a poor farm in the nineteenth century. The reason? It contained sensitive health information that could affect the well-being of living county residents. The 2003 HIPAA Privacy Rule did, in fact, protect this document from historians' prying eyes. In Privacy and the Past, Susan C. Lawrence explores why she found this experience so troubling. In the process, she explores historians' ethical obligations to their research subjects, both the living and the dead. She queries the extent to which we do and should control access to information about people as historical actors and as unwitting participants in past events. She questions who gets to decide what is revealed and what is kept hidden in decades-old records. She examines laws and court cases, and tackles archives and archivists. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record. She encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead. This book offers a critical analysis of the ways that broad privacy concerns shape how and when historians can understand individuals' lives as they created our collective American past."--


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Sperm donation, single women and filiation
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ISBN: 9781780683362 9781780685441 1780683367 1780685440 Year: 2015 Publisher: Cambridge : Intersentia,

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Although recent family law debates have been predominantly paedo-centric, the founding of "bio-medically assisted families" still focuses on the individual parents' rights to reproduce. By introducing donations, the donor's genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women's conceptions by choice, hence calling into question the role of the societal father.This neglects the future child's voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of "naturally" and "artificially" conceived children since the latter have restricted access to parental judicial proceedings.The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors' and children's human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions - it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

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