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[The law, a possible factor in the promotion of preventive medicine?]
Abstract:
The author observes first the uneven or even contradictory character of existing Swiss law, aggravated by a lack of coordination in terms of its application. He proposes several examples, though noting that the new Federal law on protection of the environment, for which a comprehensive approach has been adopted, might mark a new trend. In a second part, he describes the importance, in the field of prevention, of general constitutional principles the legislator has to take into account, above all in cases of envisaged limitations of fundamental rights. He proposes some legal guidelines which could influence the evolution of health law even in the absence of a direct restriction of individual freedom. An interdisciplinary approach is a necessary condition, especially a close collaboration between physician and lawyer.
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