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This article provides an overview of the High-Level Conference on Ending Financial Discrimination Against Cancer Survivors held on the 15th of February 2024, in Brussels, Belgium. Organised under the auspices of the Belgian Presidency of the European Council and led by the European Initiative on Ending Discrimination Against Cancer Survivors, the focus was the "right to be forgotten" (RTBF), which seeks to prevent financial discrimination against former cancer patients by ensuring their medical history is not considered by insurers and lenders 5 years after the end of treatment and without recurrence of the disease. Through detailed discussions and poignant testimonies, the conference shed light on the profound impact of financial discrimination on cancer survivors' lives and the moral and legal imperatives to address it. The article concludes with recommendations for advancing RTBF legislation at both national and European levels, emphasising the importance of political will, medical research, and strong advocacy from the cancer community.
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Sobreviventes de Câncer , União Europeia , Humanos , Neoplasias/economia , Neoplasias/terapia , Europa (Continente) , Discriminação Social/legislação & jurisprudênciaRESUMO
Micronutrients play a critical role in pregnant women, a vulnerable group with higher nutritional requirements. The first strategy to achieve adequate micronutrients intake should always be through a healthy and balanced diet. In the case where the diet is not enough to meet these requirements, food supplements should be prescribed under supervision to complement the diet, and these products must bear reliable information about the declared nutritional contents and health benefits. Based on the data provided by the Coordinated System of Fast Interchange of Information (SCIRI) and to know the current national situation, this work addresses the assessment of the content and the adequacy of health claims related to some micronutrients (vitamin C, vitamin B9, iron, copper, manganese, zinc, calcium, magnesium) contained in food supplements for pregnant women commercialized in Spain. Analytical results coincided with the declared values and were covered by the ranges of tolerances, and samples met the requirements to use health claims. Although the samples could even include more claims, manufacturers could have selected those which either best addressed pregnant women's conditions or best aligned with marketing intentions. This study confirms an adequate use of health claims in food supplement samples, which could be interesting for strengthening consumers' confidence in the benefits shown in the labeling and for encouraging the use of health claims as a useful tool for making better-informed purchasing decisions.
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Micronutrientes , Gestantes , Humanos , Feminino , Gravidez , Suplementos Nutricionais , Dieta , Vitaminas , Necessidades NutricionaisRESUMO
In this review, we depict the state of the art concerning the water quality management of bio-mineral bathing pools, and compare these to traditional swimming pools. Bio-mineral pools use a combination of mechanic filtration, bio-filtration, and UV-treatment to disinfect the water. Studies in test tanks have shown that bio-filtration is effective in maintaining the water quality with regard to the treatment of organic pollution. Concerning biological risks, the bio-mineral pool relies on UV-treatment to degrade bacteria. Unlike chemical disinfectant treatments, UV disinfection does not lose its effectiveness in the event of high traffic in the pool. However, as only the water taken up by the filtration system is disinfected, it is essential that all the water in the pool is filtered. If the pool has a dead zone, its water is not disinfected and there is a risk of localized pathogen development. As the development of bio-mineral pools spreads in Europe, legislation gradually follows. The health parameters measured differ slightly from one country to another, but there are constants: the measurement of Escherichia coli, Enterococci, and Pseudomonas aeruginosa. In terms of biological swimming pools, regulatory homogeneity across Europe does not exist. From these comparisons, Austrian legislation segmenting water quality into 4 categories ranging from "excellent" to "poor" represents legislation that combines health and safety with indications of possible malfunctions. Next, a study of three real sites of bio-mineral pools is presented. It appears that whatever the type of pool, bio-mineral filtration makes it possible to achieve performances comparable to those encountered in chlorinated swimming pools concerning the risks associated with fecal contamination and external pollution. On the other hand, when frequentation is high, as is the case in small pools used for aquafitness, monitoring the risks of inter-bather contamination, as illustrated by the presence of Staphylococcus aureus, reveals a recurring problem. Knowing that this parameter is not evaluated in bathing waters in the natural environment and that numerous studies show that Staphyloccocus aureus are always detected, even on beaches, we propose the definition of three thresholds: i.e., 0 CFU/100 mL (threshold value in Wallonia) for water of excellent quality, less than 20 CFU/100 mL (threshold value in France) for water of very good quality, less than 50 CFU/100 mL (contribution of bathers by simple immersion) for good quality water, and more than 50 CFU/100 mL for poor quality water. This document could therefore be converted into a manual for operators on the use and management of bio-mineral baths.
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Desinfetantes , Piscinas , Qualidade da Água , Monitoramento Ambiental , Desinfetantes/análise , Desinfecção , Europa (Continente) , Escherichia coli , Microbiologia da ÁguaRESUMO
Animals have fundamentally contributed to the development and growth of different cinematographic and audiovisual activities. As established in article 13 of the Treaty on the Functioning of the European Union (TFEU), the basic text that establishes the objectives of the EU and from which the regulations or directives emanate, animal welfare is protected for the good of the general interest and therefore, must be taken into account when developing different European Union policies, especially those that may affect the internal market. This work aims to analyze each of the European regulations on animal protection and welfare to subsequently focus on each of the animal protection codes of the different countries of the union, trying to determine those premises related to the protection or the welfare of the animals that participate in these types of activities. We also wanted to make a brief comparison with countries such as the United Kingdom (UK) or the United States of America (USA), which are highly relevant to this topic. As a result of this analysis, the absence of standardized norms in the European Union has been revealed; however, in the UK and the USA, specific laws related to animal use in film media exist. Therefore, to develop new standards that guarantee the protection of animals in audiovisual productions in the EU are necessary, and these standards could also be expanded to other sectors or activities related to working animals.
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An amperometric immunosensor was developed for the analysis of the major egg-white allergen ovotransferrin (Gal d 3) in commercial food products because the (accidental) intake, skin contact with, and/or inhalation of eggs can lead to severe disorders in allergic individuals. Employing a sandwich-type immunosensing strategy, screen-printed carbon electrodes (SPCE) were biomodified with anti-Gal d 3 (capture) antibodies, and the allergen's detection was achieved with anti-Gal d 3 antibodies labelled with horseradish peroxidase (HRP). The 3,3',5,5'-tetramethylbenzidine (TMB)/H2O2 reaction with HRP was used to obtain the electrochemical (amperometric) signal. An attractive assay time of 30 min and a remarkable analytical performance was achieved. The quantification range was established between 55 and 1000 ng·mL−1, with a limit of detection of 16 ng·mL−1. The developed method demonstrated good precision (Vx0 = 5.5%) and provided precise results (CV < 6%). The sensor also detected extremely low amounts (down to 0.010%) of egg. The analysis of seven raw and/or cooked egg and egg-white samples indicated that food processing influences the amount of allergen. Furthermore, to assure the compliance of product labelling with EU legislation, 25 commercial food ingredients/products were analysed. The accuracy of the results was confirmed through an ELISA assay. The stability of the ready-to-use sensing surface for 20 days allows a reduction of the reagents' volumes and cost.
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Técnicas Biossensoriais , Hipersensibilidade a Ovo , Humanos , Alérgenos/análise , Imunoensaio/métodos , Técnicas Biossensoriais/métodos , Peróxido de Hidrogênio , Peroxidase do Rábano Silvestre , Eletrodos , Limite de DetecçãoRESUMO
With the aim of developing livestock breeding, the Delegated Regulation (EU) 2020/686 (hereafter referred to as Reg. 686) has taken steps to define traceability and animal health for the movement of germ material within the European Union (EU), including that of camelid species. Despite the economic importance of the camel market and the efforts of the EU to regulate their movements, there are considerable difficulties in the collection of semen and its freezing, limiting the use of artificial insemination in this species. If, on the one hand, there is little diffusion of the camel breeding and, consequently, limited diffusion of animals and germplasm, there will probably be a significant increase over the years. To avoid the spread of emerging diseases-or even those no longer present in Europe-the entry of genetic material from non-EU countries must be strictly monitored. Camels are rarely clinically compliant, but can transfer even fatal diseases to domestic ungulate farms in the EU. Based on these considerations, we conducted a narrative review of the European regulations on this issue, focusing on aspects related to their application in camels.
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Os registos de saúde são um elemento-chave na prestação de cuidados de saúde desempenhando diversos objetivos. Um dos mais importantes é, sem dúvida, assegurar a segurança dos pacientes na continuidade da prestação desses cuidados de saúde. A Europa encontra-se a desenvolver importantes passos nesse sentido com a adoção de legislação futura que pretende assegurar, entre outras coisas, a interoperabilidade dos sistemas de registo dos dados clínicos a uma dimensão europeia.
Health records are a key element in health care and fulfill several objectives. One of the most important is undoubtedly to ensure patient safety in the continuous delivery of healthcare. Europe is taking important steps in this direction with the adoption of future legislation that will, among other things, ensure the interoperability of clinical data recording systems at the European level.
Los registros de salud son un elemento clave en la prestación de atención en salud, cumpliendo varios objetivos. Uno de los más importantes es, sin duda, garantizar la seguridad de los pacientes en la continuidad de la prestación de esta asistencia sanitaria. Europa está dando pasos importantes en esta dirección con la adopción de una futura legislación que pretende garantizar, entre otras cosas, la interoperabilidad de los sistemas de registro de datos clínicos con dimensión europea.
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Recently, there has been an increasing movement of germinal products of dogs (Canis lupus familiaris) and cats (Felis silvestris catus) between the Member States. Therefore, Europe laid down and harmonized rules on the marking of straws and other packages containing germinal products [Commission Delegated Regulation (EU) 2020/686]. Given that germinal products' movement may increase the risk of infectious disease spread, requirements regarding animal health have been revised focusing on control of rabies and echinococcosis, although there are new emerging diseases that may require, even locally, specific requirements. For this reason, veterinarians, operators, and official veterinarians are involved in different phases of the process. Because non-veterinary operators can operate in all phases, they should have a limited role in collecting germinal products, especially for feline species. Veterinarians, instead, should have a main role in the health evaluation of donors, in collecting germ cells with medical techniques and in depositing sperm and embryos with endoscopic or surgical methods. The official veterinarians are the main ones responsible for the application of the rules. This paper aims to provide an overview of the European legislative framework regarding the newly delegated regulation on germinal products in small animals (dogs and cats), highlighting some of the benefits and critical aspects regarding its functioning.
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Electronic cigarettes are available in a variety of devices with e-liquids also available in many flavors, and nicotine concentrations, albeit less than 20 mg/mL in Europe. Given the dynamics of these products, it is important to evaluate product content, including labeling, nicotine content versus labeled claim, nicotine form, and other aspects that may help policy decisions and align with the Tobacco Product Directive (TPD). Herein, we performed a study on 86 e-liquids from seven European countries (Croatia, Czech Republic, France, Germany, Italy, Poland, and the United Kingdom) with 34 different liquid brands and 57 different flavors. Nicotine content versus labeled claim, labeling, volume, pH, and nicotine form (i.e., freebase nicotine) were evaluated. From all tested products, eight of them from Germany, Poland, and UK (from 3 to 18 mg/mL), met the ±2% criteria. The ±10% criteria was fulfilled by 50 (58.1%) liquids from all countries. Among 71 liquids which contained nicotine, (one e-liquid labeled as 6 mg/mL had no nicotine level quantified), the amount of freebase nicotine differed from 0 to 97.8%, with a mean value 56.5 ± 35.7. None of the tested liquids had nicotine salt listed in the ingredients. Therefore, a low level of freebase nicotine in some liquids was most likely achieved by added flavorings. All tested liquids presented in this study met the basic requirements of the TPD. There were differences in the scope of information about harmfulness, type of warnings on packaging, attaching leaflets, placing graphic symbols, and discrepancies between the declared and quantified nicotine concentrations.
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BACKGROUND: Technological progress in the twenty-first century offers real chances for economic development of the European Union (EU). The purpose of this publication is to analyse risks and threats relating to Occupational Health and Safety (OHS) considerations in the context of scientific and technological development. The article attempts the analysis of whether current legislation of the European Union enables good protection of workers' health in the performance of their duties using robots, artificial intelligence (AI). A feature of robotisation and AI may be new challenges in OHS protection. The analysis performed aims to determine whether threats posted by working with Artificial Intelligence are serious enough for the EU Legislator to focus on implementation of new OHS regulations. METHODS: The analysis was carried out on the basis of current legal regulations related to the protection of employee's health in the European Union. The study used literature related to robotisation with artificial intelligence and health and safety at work in the working environment. RESULTS: Given the new psychological and physical threats related to the use of AI robots, it is necessary to expand the EU legislation with general guidelines for the use of intelligent robots in the work environment. Indeed, such robots must be defined in the applicable legal framework. Employers should also define, as part of their internal regulations, the procedures for employee communication with artificial intelligence, and relevantly update their training in the OHS area. CONCLUSIONS: The developments in AI-assisted robots come with inherent risks and threats to the working environment. New challenges create the need for adapting EU laws to changing reality. In order to structure European Union legislation on health and safety at work, these changes could be defined in a single piece of legislation covering robotics and AI after detailed analysis, dialogue, and debate.
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The management of sewage sludge originated from municipal wastewater treatment plants (WWTPs) is an urgent issue. In 2019, the local authority of the Piemonte region started a survey with the aim of collecting recent data concerning wastewater and sludge management in the WWTPs located in its own territory. The survey's results revealed that 60% of the sludge (51,000 t, as dry substance, d.s.) produced by the local WWTPs was recovered or disposed of outside of the region, and a similar amount of sludge was recovered in agriculture directly or after composting. The increase in the costs to accommodate sewage sludge in recovery or disposal plants, followed to a recent Italian Sentence (27958/2017), and the more and more stringent requirements fixed by lots of European countries for the application of sludge in agriculture, are pushing the Piemonte region authority to re-organize its own network for sludge management, with solutions based onto proximity and diversification. Whether the provisions of the current German legislation are applied in the future also in Italy, approx. 90% of sewage sludge produced into the Piemonte region should be incinerated, with a subsequent step of phosphorous recovery. The new regional plan, according to the Regional Address Deed, should consider a diversification of sludge treatment and recovery practices. On this basis, a need for new plants for around 40,000 t d.s./y could be planned.
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Esgotos , Águas Residuárias , Europa (Continente) , Itália , Fósforo , Eliminação de Resíduos LíquidosRESUMO
INTRODUCTION: The specialty of OMFS in the UK is a dual degree specialty which was recognised in Europe within Annex V of Directive 2005/36/EU. Currently UK law matches that of the EU. Brexit may change this. DIRECTIVE 2005/36/EU: Defines two specialties within European nations, Dental, Oro-Maxillo-Facial Training DOMFS (Basic dental & medical training) and Maxillofacial Surgery (basic medical training). The UK sat within DOMFS and so specialists from DOMFS nations could travel and work in the UK. Specialists from all other nations were required to use the Certificate of Eligibility for Specialist Registration (CESR) route. DIRECTIVE 2013/55/EU: This directive updated 2005/36/EU regarding Mutually Recognised Professional Qualifications (MRPQ) including creating an international alert system for doctors in difficult Entry onto the UK OMFS Specialist List by CESR Route CESR application is a large and complex portfolio of evidence to demonstrate knowledge, skills and experience are equivalent to a Certificate of Completion of Training (CCT) holder. To date, no EU applicants have successfully completed a CESR application. UNION OF EUROPEAN MEDICAL SPECIALISTS (UEMS): Even after Brexit, the UK will remain a full member of UEMS. The OMFS Section of UEMS is a source of information and support for specialists wishing to work in other nations and for nations wishing to develop an OMFS specialty in their nation. ACCESS TO UK OMFS TRAINING FOR NON-UK TRAINEES: Applicants meeting the person specifications for approved OMFS specialty training (ST) posts in the UK are welcome to apply to the national selection process for OMFS specialty training in the UK. Many have done so successfully. Fixed term appointments and Fellowships are advertised and represent a useful route to gain support for application for training or through the CESR Route. CONCLUSIONS: The UK remains part of the diverse OMFS community in Europe. There is support from within the UK and from UEMS for trainees and specialists interested in coming to the UK to train or to work.
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Cirurgia Bucal , Europa (Continente) , União Europeia , Bolsas de Estudo , Humanos , Reino UnidoRESUMO
Aerial parts containing cannabidiol can be purchased in a legal way but cannabis used as recreational drug is illegal in most European countries. Δ9-tetrahydrocannabinol is one of the main cannabinoids responsible for the psychotropic effect. European Union countries and Switzerland authorize a concentration of THC of 0.2 % and 1.0 % w/w, respectively, for smoking products and industrial hemp. Public health inspectors and law enforcement officers need to check the legality of samples. Therefore there is a need for innovative approaches, allowing quality control of these products in an easy way and preferably on site. In many countries, cultivation of industrial hemp is permitted if the THC content does not exceed 0.2 % w/w. A portable equipment could be a useful measuring tool for farmers to check for the THC content at regular time. In this work, 189 samples were analysed with a benchtop and a handheld NIR device in order to create two classification methods according to European and Swiss laws. All samples were also analysed by GC-FID to determine their THC concentration. Supervised analysis was applied in order to establish the best model. For the first classification, the accuracy was 91% for the test set with the benchtop data and 93 % for the test set with the handheld data. For the second classification, the accuracies were respectively 91 % and 95 %. The obtained models, hyphenating spectroscopic techniques and chemometrics, enable to discriminate legal and illegal cannabis samples according to European and Swiss laws.
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Cannabis/química , Dronabinol/análise , Maconha Medicinal/análise , Espectroscopia de Luz Próxima ao Infravermelho/métodos , Cromatografia Gasosa , Europa (Continente) , Legislação de Medicamentos , Controle de Qualidade , Reprodutibilidade dos Testes , SuíçaRESUMO
BACKGROUND: The European Pharmacopoeia as well as further legal provisions contain rules for the assessment of potential residues and contaminants in herbal substances and preparations used for the production of herbal medicinal products, e.g. for the assessment of pesticide residues, heavy metals and other elemental impurities, mycotoxins and microorganisms. As a potential contamination caused by weeds, the occurrence of pyrrolizidine alkaloids is being discussed for several years which lead to measures of health authorities limiting the PA content in herbal medicinal products and to measures of industry consisting of reducing the probability of PA occurrence in medicinal plants and the respective products. CONCLUSION: In this context and with regard to all kinds of potential residues or contaminants, collection and evaluation of data from daily analytical practice of manufacturers and suppliers is useful for the assessment of the situation and the definition of testing strategies.
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Medicina Herbária/normas , Fitoterapia , Preparações de Plantas/normas , Plantas Medicinais , Alcaloides de Pirrolizidina/análise , Contaminação de Medicamentos , Humanos , Legislação de Medicamentos , Controle de QualidadeRESUMO
INTRODUCTION: In January 2018 the European Commission published a Proposal for a Regulation on Health Technology Assessment (HTA): 'Proposal for a Regulation on health technology assessment and amending Directive 2011/24/EU'. A number of stakeholders, including some Member States, welcomed this initiative as it was considered to improve collaboration, reduce duplication and improve efficiency. There were however a number of concerns including its legal basis, the establishment of a single managing authority, the preservation of national jurisdiction over HTA decision-making and the voluntary/mandatory uptake of joint assessments by Member States. Areas covered: This paper presents the consolidated views and considerations on the original Proposal as set by the European Commission of a number of policy makers, payers, experts from pricing and reimbursement authorities and academics from across Europe. Expert commentary: The Proposal has since been extensively discussed at Council and while good progress has been achieved, there are still divergent positions. The European Parliament gave a number of recommendations for amendments. If the Proposal is approved, it is important that a balanced, improved outcome is achieved for all stakeholders. If not approved, the extensive contribution and progress attained should be sustained and preserved, and the best alternative solutions found.
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Política de Saúde , Formulação de Políticas , Avaliação da Tecnologia Biomédica/legislação & jurisprudência , Pessoal Administrativo , Comportamento Cooperativo , Tomada de Decisões , União Europeia , HumanosRESUMO
Availability and safety of food ranks among the basic requirements for human beings. The importance of the food producing sector, inclusive of feed manufacturing, demands a high level of regulation and control. This paper will present and discuss the relationships in the triangle of legislation, the background of hazards with a biological nature, and opportunities for monitoring methods, most notable for prion-based diseases as primary issue. The European Union legislation for prevention of prion-based diseases since 2000 is presented and discussed. The definitions and circumscriptions of groups of species will be analysed in the view biological classification and evolutionary relationships. The state of the art of monitoring methods is presented and discussed. Methods based on visual markers (microscopy), DNA-based methods (PCR), protein-based methods (ELISA, mass spectroscopy, proteomics), near infrared oriented methods and combinations thereof are being evaluated. It is argued that the use in legislation of non-homogeneous groups of species in a biological sense will hamper the optimal design of monitoring methods. Proper definitions are considered to act as bridges between legal demands and suitable analytical methods for effective monitoring. Definitions including specified groups of species instead of single species are more effective for monitoring in a range of cases. Besides the desire of precise circumscription of animal groups targeted by legislation, processed products need well defined definitions as well. Most notable examples are blood versus blood products, and hydrolysis of several types of material. The WISE principle for harmonising the design of legislation and of analytical methods is discussed. This principle includes the elements Witful (reasonable legal principles), Indicative (clear limits between prohibition and authorisation), Societal demands (public health, environment, economy), and Enforceable (presence of suited monitoring methods) in order to promote a balanced effort for reaching the desired level of safety in the food production chain.
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Ração Animal/análise , Proteínas/análise , Animais , Ensaio de Imunoadsorção Enzimática , União Europeia , Espectrometria de Massas , ProteômicaRESUMO
Technological progress has allowed women to change their natural hair conï¬guration according to their will. This type of treatment is very popular around the world, even involving the use of prohibited chemicals, such as formaldehyde. Studies of hair characterization, straighteners and toxic evaluation are available in the literature, although few studies have evaluated the consumer profile or the current legislation of Brazil and the European Union (EU) and its influence on the consumption of hair straighteners. Previous studies from our research group have shown that hair care is essential for the quality of life and well-being of women. Within this context, the present study aimed to evaluate the profile of Brazilian hair straightener consumers, as well as the legislation of Brazil and the EU and its influence on the use of these products. The consumer profile was evaluated by applying questionnaires and the legislation was examined using documental and bibliographic exploratory research. The results provided a full understanding of the current legislation of Brazil and its similarities to EU legislation. It was observed that over 50% of Brazilians currently use or have previously used hair straightener products, even persons who do not have curly hair, suggesting that straight hair is more attractive for today's society. Although the study participants consider the current legislation to be important, over 40% do not know the active ingredients present in the hair straightener they use. Finally, the legislation is not considered in terms of the daily hair treatment routine, with the esthetic result being more important to the consumer
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Comportamento do Consumidor , Queratinas Específicas do Cabelo/efeitos adversos , Preparações para Cabelo , Inquéritos e Questionários/estatística & dados numéricos , Agência Nacional de Vigilância Sanitária , Formaldeído/farmacologia , Legislação como Assunto/estatística & dados numéricosRESUMO
OBJECTIVE: With this study we analyse the current European legislation in order to provide guidance for regenerative medicine professionals on correct Adipose-derived Stem Cells (ASCs) isolation and use protocols for clinical applications. MATERIALS AND METHODS: The European Medicines Agency (EMA) considers that ASCs does not fall within the definition of an advanced therapy medicinal product if the cells have not been subjected to a substantial manipulation, and the mode of action of the cells (contribute to and enhance tissue renewal and turnover of the subcutaneous tissue) is considered to be homologous to the donor fat tissue. RESULTS: Collagenase digestion, as well as cell culturing, is considered to be a substantial manipulation. Only transplantation of a non-manipulated tissue to another location in the same anatomical or histological environment is considered to be homologous. CONCLUSIONS: According to these considerations, ASCs should be not-cultured, isolated mechanically and used only in the subcutaneous tissue.
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More than ten years after law n. 40 of February 19, 2004 became effective, regulation on medically assisted reproduction has dramatically changed outlook. The authors report on the steps that led to these changes through Courts' rulings, the Supreme Court's verdicts and the European Court of Human Rights' decisions, as well as ministerial regulations and guidelines concerning medically assisted reproduction. The aforementioned jurisprudential evolution was set to reach a new balance between the embryo's right to its own dignity and the woman's right to health and freedom of self-determination in reproduction. No court ruling denies that embryos have also to be safeguarded. In fact, there are still numerous prohibitions, including using embryos for experimental purposes. Judges aim primarily at avoiding that embryos' rights overcome the right to parenthood. The authors review the legislation of the various European countries: some have adopted a legislation to regulate medically assisted reproduction, while others have developed in this field some recommendations or guidelines. This is why they call for enactment of a European law governing the implementation/operational methods of medically assisted reproduction in order to avoid the scourge of procreative tourism to countries that have a more permissive law.
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Técnicas de Reprodução Assistida/legislação & jurisprudência , Europa (Continente) , Direitos Humanos , Humanos , Itália , Técnicas de Reprodução Assistida/tendênciasRESUMO
Resumen: avances biotecnológicos son abrumadores y la realidad social cambia con ellos. En efecto, la nueva ley en España sobre los matrimonios homosexuales ha propiciado que parejas de mujeres y de hombres que se casan puedan procrear no solo mediante la adopción, sino también por la fecundación in vitro. Así, la gestación por sustitución se está convirtiendo en la vía preferente para que parejas heterosexuales u homosexuales con problemas específicos, parejas de hombres y para el varón sin pareja puedan tener descendencia. Esta situación crea múltiples conflictos éticos y jurídicos difíciles de resolver: filiación del menor, mercantilización de la mujer, instrumentalización y compraventa de niños, etc. En este artículo se analizarán los aspectos bioéticos en conflicto, sin olvidar la regulación jurídica que existe al respecto.
Abstract: We find ourselves in a time of far reaching biotechnological breakthroughs and alongside with this, society is also experiencing changes. In this sense, new regulations regarding homosexual marriage have opened an scenario where same sex couples of men or women, may "procreate", not only by means of adoption - not permitted for homosexual couples in many countries - but also through in vitro fertilization. For this reason, surrogate pregnancy is becoming the option of choice enabling heterosexual couples with specific problems, male couples, and males without a female partner to have a child. Indeed, as surrogate pregnancy techniques proliferates, ethical conflicts arise: the possibility of men to have their own children, problems relating filiation, instrumentalization of women and babies, legal solutions given by different European countries. In this article, both bioethical and legal issues regarding surrogate pregnancy will be analyse looking for the best interest of the minors.
Resumo: Os avanços biotecnológicos são avassaladores e a realidade social se transforma com eles. Com efeito, a nova lei espanhola sobre o casamento homossexual tem propiciado que casais de mulheres e de homens que se casam possam procriar não só através da adoção, mas também por fertilização in vitro. Assim, a gestação por substituição está se tornando a alternativa preferida para que casais heterossexuais ou homossexuais com problemas específicos, casais de homens e homens solteiros possam ter filhos. Esta situação cria vários conflitos éticos e jurídicos que são difíceis de resolver: filiação da criança, mercantilização da mulher, instrumentalização e compra e venda de crianças, etc. Este artigo irá analisar os aspectos bioéticos, sem esquecer a regulação jurídica a este respeito.