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Medicine and Law World Association for Medical Law An international publication dealing with medicolegal issues. Articles, court decisions, and legislation on: Medical law, forensic medicine, sexology and law, psychiatry and law, psychology and law, dentistry and law, nursing law, pharmaceutical law, medical ethics, clinical criminology, drugs, alcohol, child abuse, medical experimentation, genetic engineering, organ transplantation, abortion, contraception, sterilization, euthanasia, religion, AIDS, etc. World Association for Medical Law Manuscripts should be submitted to the Editorial Office: The International Center for Health, Law and Ethics, University of Haifa, Haifa 31905, Israel E-Mail: [email protected] Founder and Editor-in-Chief (1980-2010): Amnon Carmi Executive Editorial Committee: Administrative Officer: Ava Van Dam; English Roy G Beran (Australia) (Editor-in-Chief) Editor: John Kim; Graphic Designer: Raul Vergara; David Townend (Netherlands) (Law & Ethics) Indexing: John Kim; Richard Wilbur (USA) (Legal Medicine) WAML Administrative Officer Professor Albert Lee (Hong Kong) (Medicine, and Publisher Liaison: Denise McNally; Law and Bioethics) Previous Editors in Chief: Amnon Carmi (Founder) (Israel); Mohammed Wattad (Israel) Editorial Board Abu Ramadan, Moussa Dutra Caue Nissim, Sara Adlan, Abdallah Efron, Yael Noguchi, Thomas Aguiar-Guevara, Rafael Ferris, Lorraine Pereira, André G. D. Bal, Sonny Fimate, Lallukhum Piga, Antonio Beran, Roy Frenkel, David Rudnick Abraham Berger, Ken Hrevtsova, Radmila Shalata, Abed Beyleveld, Deryck Kassim, Puteri N. J. Tabak, Nili Blum, John Kegley, Jacquelyn Talib, Norchaya Cotler, Miriam Keidar, Daniella Townend, Prof. David Dangata, Yohanna Khalaila, Rabei Van Wyk, Christa Dantas, Eduardo Le Blang, Theodore Montanari Vergallo, Gianluca Den Exter, Andre Lee, Albert Weedn, Prof. Victor Dickens, Bernard Lupton, Michael Wilbur, Richard DuMont, Janice Martens, Willem Wolfman, Samuel Dute, Joseph Mester, Roberto Zaremski, Mr. Miles Subscription Information: Volume 39: 4 issues will appear in 2020 Worldwide annual subscription rate: Online only: USD $155.00 Online and Bound Archive: USD $285.00 Bound Archive only: USD $165.00 Place subscriptions with a recognized bookseller or directly with: William S. Hein & Co., Inc. 2350 North Forest Road, Getzville, New York 14068 1-800-828-7571 * 716/882-2600 * FAX 716/883-8100 [email protected] www.wshein.com Advertisement inquiries: World Association for Medical Law, Denise McNally at [email protected] WORLD ASSOCIATION FOR MEDICAL LAW Board of Governors President Thomas T. Noguchi (United States) Vice Presidents Executive Committee Roy Beran (Australia) Berna Arda (Turkey) Mitsuyasu Kurosu (Japan) Kenneth Berger (Canada) Vugar Mammadov (Azerbaijan) Vugar Mammadov (Azerbaijan) Rosa Teresa Meza Vasquez (Peru) Thomas Noguchi (United States) Olaolu Osanyin (Nigeria) Svetlana Pospelova (Russian Federation) Executive Vice President Vugar Mammadov (Azerbaijan) Secretary General Kenneth Berger (Canada) Treasurer Berna Arda (Turkey) Board of Governors Berna Arda (Turkey) Vugar Mammadov (Azerbaijan) Roy G. Beran (Australia) Rosa Teresa Meza Vasquez (Peru) Kenneth Berger (Canada) Thomas T. Noguchi (United States) Eduardo Dantas (Brazil) Olaolu Osanyin (Nigeria) Jonathan Davies (Israel) Svetlana Pospelova (Russian Federation) Sanjin Dekovic (Bosnia and Herzegovina) Luis Ravanal (Chile) Anne-Marie Duguet (France) Henriette Roscam Abbing (Netherlands) Chungfang Gao (China) Janne Rothmar Herrmann (Denmark) Nicola Glover-Thomas (United Kingdom) Judit Sandor (Hungary) Radmyla Hrevtsova (Ukraine) Thierry Vansweevelt (Belgium) Mitsuyasu Kurosu (Japan) Members of Honor R. Dierkens Jose Pinto De Costa WAML Medalion (2002) Honorary Governor (2006) Hon Secretary General and Founder (2004) Amnon Carmi Koichi Bai Honorary President (2010) WAML Medalion (2006) Bernard Dickens Arthur Lewis Honorary Vice President (2010) Honorary Governor (2004) Yuriy Sergeyev Kari Sonderland Honorary Governor (2016) Honorary Governor (2004) Chongqi Wu Antonio Piga Honorary Governor (2016) Honorary Governor (2006) Ethics: Submission of a manuscript for publication in this Journal confirms that all standard ethics procedures were conducted; such as but not restricted to, voluntary informed consent of research participants when applicable and approval of the responsible Research Ethics Board(s). LIST OF CONTENTS VOLUME 39 NUMBER 2 R. G. Beran 89 Editorial AUSTRALIA R. G. Beran 97 The Coronavirus (COVID-19) Pandemic in Australia – History and Potential Lessons AZERBAIJAN V. Mammadov 115 Political, Scientific and Management Aspects of Coronavirus Pandemics: Considerations from Azerbaijan Perspective BELGIUM T. Vansweevelt and F. Dewallens 131 Healthcare Law and the COVID-19 Outbreak in Belgium BRAZIL E. Dantas 153 Brazilian Report on the Coronavirus Crisis: A Clash of Pandemics CHINA Y. Sha 165 China’s Practice of Fighting Novel Coronavirus Pneumonia FRANCE A. M. Duguet and E. Rial-Sebbag 173 The Fight against the COVID-19 Epidemic in France: Health Organisation and Legislative Adaptation HUNGARY J. Sándor 191 Health and Legal Policy in Hungary at the time of COVID-19 Pandemic I LIST OF CONTENTS (Continued) HONG KONG A. Lee 205 Public Health Actions against COVID-19 to Protect our Rights to Health ISRAEL J. Davies 225 Legal and Ethical Ramifications of COVID-19 in Israel JAPAN M. Kurosu 241 Japanese Government Policy on COVID-19 NETHERLANDS D. Townend et al 249 What is the Role of the European Union in the COVID-19 Pandemic? PERU R. T. M. Vásquez y G. J. Bazán 271 Peruvian Effort to Response and Fight COVID-19: Health Emergency RUSSIA S. I. Pospelova et al 291 COVID-19 in Russia: Novels of Legal Regulation of Healthcare TURKEY A. Arda and B. Arda 317 COVID-19 and Turkey: The Health Infrastructure of Turkey and Nature of Privacy in a Pandemic UKRAINE R. Y. Hrevtsova 333 Institutional and Legal Aspects of Health Care in Times of COVID-19: Learning from the Ukrainian Experience II LIST OF CONTENTS (Continued) UNITED KINGDOM N. Glover-Thomas 353 Making the Public Health Mandate Work: COVID-19 and the Challenges Revealed in the UK USA T. Noguchi and R. Wilbur 371 Coronavirus Pandemic – Medical Law and Ethical Issues in the United States Index 379 III Med Law (2020) 39:2:89-94 Medicine and Law World Association for Medical Law EDITORIAL World Association for Medical Law THE COVID PANDEMIC - THE GOOD, THE BAD AND THE UGLY Roy G Beran (1,2,3,) MBBS, MD, FRACP, FRACGP, Grad. Dip. Tertiary Ed., Grad. Dip. Further Ed., FAFPHM, FACLM, FRCP, FAAN, FACBS, B Leg. S, MHL and FFFLM (Hon) Affiliations: 1. University of New South Wales, Australia 2. Griffith University, Queensland, Australia 3. Sechenov, First State University of Moscow, Russia INTRODUCTION COVID-19 has changed the way we do business. It is not just on a personal 1-on-1 basis, but it has impacted families, nations and international interactions. The World Association for Medical Law (WAML) usually holds its annual World Congress on Medical Law (WCML) at predetermined locations, which attract experts in health law, legal medicine, bioethics, to congregate in that city, to share ideas, generate contacts, foster research, encourage younger scholars and to cross-pollenate concepts that may later germinate into international collaboration. The year 2020 has seen the COVID Pandemic cause postponement of the summer Olympics but, much more importantly, it has also forced the WAML to cancel its 2020 WCML, in Toronto, Canada, delay elections of WAML office bearers and cause consternation for the editor- in-chief of the WAML sponsored journal, Medicine and Law. The preparation for this issue of the Journal has proven to be a demanding process, causing loss of sleep. Acknowledging that the June issue of Medicine and Law could not proceed, along its normal processing lines, due to the COVID-19 Pandemic, it was decided to dedicate this issue of the Journal to the Pandemic. The last few years have seen the June issue of the Journal be devoted to publishing a limited number of papers, which were complemented by the publication of all the accepted abstracts for the August WCML. Even though there are already accepted abstracts for the Toronto WCML, it appears futile to publish these, in the absence of there being a forum in which they would be presented. Should they be retained until next year’s WCML, in 89 90 Medicine and Law Istanbul, there remains next year’s June issue of the Journal in which they will be published. This created a void for the June issue of the Journal. To ensure sufficient material was made available, all Governors, on the Board of Governor’s (BoG) of the WAML, were asked to contribute an analysis of the Pandemic within their jurisdiction. They were given a very limited timeframe and advised that each paper would still be critically refereed and had to satisfy academic standard to be included within the Journal. Each Governor was asked to summarise the local experience of COVID-19 with the aim of publishing these as a mid 2020 time capsule to reflect the Pandemic as of May 2020. At the time of preparing this Editorial, there was sufficient acceptance of invitations to allow a modicum of confidence that the Journal would have ample material to reflect the wide local experiences for this collective overview. It is accepted that this will be far from an absolute and complete picture but it holds the potential to: offer food for thought; demonstrate how different countries have adopted alternative strategies and generate sufficient material to serve as a resource that
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