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7 Eur. J. Health L. 145 (2000)
Medical Examinations Preceding Employment and/or Private Insurance: A Proposal for European Guidelines

handle is hein.journals/eurjhlb7 and id is 155 raw text is: European Journal of Health Law 7: 145-172, 2000.               145
© 2000 Kluwer Law International. Printed in the Netherlands.
NEWS AND VIEWS
Medical Examinations Preceding Employment and/or
Private Insurance: A Proposal for European Guidelines
SJEF GEVERS
Professor of Health Law, University of Amsterdam
In 1995, a Committee of Experts was set up within the Council of Europe to
elaborate guidelines concerning the use of medical examinations, in particular
for employment and insurance purposes.
The Committee was composed of the following members:
dr.M.Lamberg (chairman, Finland), prof.S.Gevers (consultant, The
Netherlands),dr.P.Mierzewski (secretary), dr.B.Bach (Denmark), dr.I.Torstila
(Finland), dr.Saury (France), mr.H.Viehten (Germany), ms.E.Olsthoorn
(Netherlands), dr.H.Leira (Norway), ms.C.Marcuard (Switserland), ms
R.Jacobs (U.K.), dr.G.Aresini/dr.O.Manceni (EU), dr.S.Niu (ILO),
dr.J.Jarvisalo/dr.B.Baranski/dr.A. Cantineau (WHO).
The Committee met four times; the results of its work are laid down in the
following report, the publication of which was approved by the Public Health
Committee of the Council of Europe in 1999.
According to the Committee, the concerns raised by medical examinations
make it desirable to develop international, or at least European guidelines for
the proper use of medical examinations and for the protection of social and
individual human rights in connection with such examinations, in particular
in relation to access to employment or private insurance. This was also the
view of the Council of Europe Public Health Committee when it established
the Expert Committee. The objective of the development of a common
framework of European guidelines is first of all to promote a responsible,
balanced use of medical examinations and dispel fears concerning
discrimination and infringement of human rights. Moreover, it is to encourage
the development of appropriate rules at national level where they do not yet
exist, and further the convergence of divergent national standards.
After an Introduction (1), the report has three sections dealing with
medical examinations in general (2), pre-employment medical examinations

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