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Biomedical subjects

E Froge

Publications and source records attributed to E Froge.

10 recordsLinked to original sources

[Prostitution and public health].

The attitude of public services concerning prostitution was inspired by the fear of venereal diseases. In regimenting prostitution, the state recognised that they were trying to control it. This law was a total failure and was abolished in 1946. The worrying development of sexually contagious diseases (AIDS) will start again the that was dormant with the victory of antibiotherapy on venereal diseases. The proposition to return to regimentation with there opening of "maisons closes" will also restart the debate. These measures will be inefficient against illicit prostitution and are in contradiction with our convictions and morals, and of course with our international obligations. Prostitution is now part of our society and is longer illegal, but soliciting in a public place is still an offence. The prostitute is judged as being permanently in breach of the law, contrary to the opposite sex where no responsibility is acknowledged. We proposed to associate judges, doctors, police force and prostitutes to give some consideration and think of this problem so that this part of the population do not stay on the fringe of our society and that they can have the same rights, particularly the right for housing and health services, as, unfortunately the majority of prostitutes do not have "social security".

Attitude of Health Personnel↗

[Importance of the initial examination after a rape in considering the criminal penalty and indemnification of the victim in a civil suit. Review of the documents from one Court of Assizes over 11 years].

The gynaecologist-obstetrician may be the medical witness who has to give evidence about the extent of the initial trauma after the presumption of a sexual assault on a victim who comes to consult him, or as an expert witness. The certificate that he gives at the time of the first consultation is an essential document for the examining magistrates who have to decide whether there has been an offence. It is also a very great help to support the brief for the lawyers in a civil action taken by the victim, who is claiming damages as compensation for physical or psychological damage resulting from the sexual abuse. The authors reported it useful to look through 64 case documents that were considered in 11 years. They studied the differences in the penalties that were awarded for criminal offences and the sums of money for indemnity that were awarded in civil cases. These were before the new law concerning rape was passed on the 23rd December 1980, and after this law had been applied. It tends to improve the position for the victim in civil cases and increases the sentences that can be passed for aggravated rape (as on a minor by an adult, or in particular somebody who has a position of responsibility to the child). The authors point out especially how important it is to take note of sexual precocity and to have a detailed account of the first investigations carried out after the sexual assault. These can be used to make the sentences differ and to make it possible to increase and widen the awards given to compensate the victims. As far as civil action is concerned, as there is usually a fixed scale for every regional Court of Assizes according to a definite formula, it is advisable according to the authors that the initial expert assessment presented by the magistrates should establish in its conclusions the details of the indemnity to be considered by professional judges of the Assize juries. They should take particular notice of added injuries that are not physical and are often not considered, such as pain and suffering, loss of pleasure and the aesthetic, the sexual, the obstetrical and the moral as well as the juvenile points of view. In certain cases ad full medical assessment presented before the end of the case will help the professional judges of the jury of Assizes who have to give judgment in a civil action by giving them information that will support the true interests of the victim.

Expert Testimony↗

[The French physician and judge confronting the transsexual in 1986. I. The position of French and foreign jurisprudence].

The authors have searched through French and western jurisprudence about transsexualism. Thanks to their experience of how judges and magistrates have reacted they have been able to analyse the evolution of attitudes and the present-day attitudes to the subject and how the condition should be treated and viewed by the law. There are only a relatively few numbers who wish to change sex but these are estimated at 1 in 50,000 to 1 in 100,000 according to different statistics. The proportion of males who want to change is 3 times greater than of females. The fact that transsexualism is a phenomenon much more often found in North America, in North Europe and in the West, and almost not at all in the third world or in socialist countries, or in the Mediterranean basin, makes one think that this is a syndrome connected with a legal attitude that allows people to dispose of their bodies in the way they wish. This in turn derives from the European Convention of the Rights of man as against those found in the legislation of individual nations in the community. The French legal system is justified in being cautious, seeing how hesitant lawyers are and how extremely prudent the French medical corps is. The reserve of jurisprudence in the U.S.A. and Canada (with the exception of two provinces) and a certain hesitation about the indications for medical treatment to convert from one sex to the other voiced by the principal pioneers of such treatment in the U.S.A. together with the absence of specific laws which cover surgical treatment and the change in the legal state (with the exception of Sweden and the Federal Republic of Germany) is to be taken along with the check that Italian law has placed on the operation recently, in 1982. As far as French law is concerned, Mme M.L. Rassat has carried out a recent and very pertinent study which makes it possible to analyse the attitude of magistrates, which until 1975 was basically very restrictive as far as demands for change in civil sex was concerned. Recently, however, they have become laxer but the Appeal Court strictly refuse to recognise the idea of psychological or psychosocial sex.(ABSTRACT TRUNCATED AT 400 WORDS)

Europe↗

[The physician, The French judiciary and transsexuals in 1986. II. Three basic questions: treatment, legal change of sex and possible recourse to the legislator].

The authors, having taken a general view of French jurisprudence and law and having compared western and European law about transsexualism, now attempt to reply to three essential questions that specialist doctors and the judiciary should direct themselves to on this subject; As far as medical and surgical treatment is concerned this can only be decided on after a very careful diagnosis of transsexualism authenticated by thorough observation over a period of months that may even extend to 2 or 3 years. The patient should have access to a team of several disciplines, including a psychiatrist, an endocrinologist and a surgeon. This seems to be the minimum size of the team to decide what the hormonal treatment should be and, later, what the surgical treatment may be. The economic repercussions of the whole of the treatment for a transsexual are not negligible and are important to be taken into account. This includes the prevention of legal action against the doctors if the treatment fails or if the transsexual later is disillusioned or regrets what has been done. As far as the law is concerned the chronology of the legal decisions for a legal change of sex a opposed to an anatomical change of sex, achieved by hormone treatment and surgery, is far from being solved. The Conseil National de l'Ordre des Médecins are insisting that a legal change of sex should precede surgical intervention whereas the lawyers, following the lead given by those in Scandinavia and in other European countries, say that tests of medical and surgical procedures to change the person should be undertaken before the law changes the gender of the person. Finally, there is the problem that has been raised by an attempt to replace the legal position that has already been tried. This plan, both medical and legal, has hardly been supported by the majority of French authors who have been consulted. They tend to take up the position of the Académie Nationale de Médecine which was frightened that changing the law would give too much importance socially to transsexualism. This phenomenon is still fairly limited in France but would become more widespread if a new liberal law was passed. Although the authors cannot give positive answers to the main questions raised by this difficult problem they think that these problems should not be avoided, although they are so complex, by doctors and jurists who have to take serious decisions when handling authentic transsexuals.

Female↗

[The medico-legal risk in obstetrics. What has been learned from studying 340 files on accidents (author's transl)].

The authors, from perusal of 340 files where accidents in obstetrics were reported, have classified the medico-legal risks in pregnancy, wether the accidents gave rise or did not give rise to claims for responsibility. These accidents occurred between 1950 and 1978 and they happened during and after delivery. The classification shows up the most dangerous situations for the specialist and points out the factors that increase this risk so that systematically a preventive attitude can be taken to avoid claims, whether they are made under criminal or civil procedures. Particularly detailed have been statistical risks which are increasing continuously in association with instrumental deliveries and with the large indicence of Caesarean operation. After they have listed all the clinical forms of medico-legal risk picked out by counsel so that they can be avoided or their effects reduced, the authors have attempted to define the responsibility that the gynaecologist-obstetrician takes at present in the midst of his team that is always increasing in number. Among these are paediatricians, anaesthetists and resuscitators, midwives, nurses who give anaesthetics and all the para-medical team who have specialised responsibility which depends more or less on the needs of the gynaecologist-obstetrician. The medico-legal risks which are linked with a deficiency in premises, numbers of personnel and quality and quantity of equipment have been singled out with a relatively small balance of the characteristics of those who carried out the procedures recorded in a large series of files which are already old and which for the most part have been docketed so that they could be used without revealing any professional secrets nor legal secrets.

Cesarean Section↗

[Benzodiazepines].

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Age Factors↗