STATUTES
APPROVED BY THE GENERAL ASSEMBLY THE 9TH OF AUGUST-2006. TOULOUSE. FRANCE.
Article 1
The name of the Association shall be "World Association for Medical Law" (referred to hereinafter as "the Association").
Article 2
The office of the Association shall be located in the country of residence of the Secretary General
.
Article 3
The purposes of the Association shall be:
1. to encourage the study and discussion of problems concerning health law, legal medicine and ethics, and their possible solution in ways that are beneficial to humanity and advancement of human rights;
2. to promote the study of the consequences in jurisprudence, legislation and ethics of developments in medicine, health care and related sciences; and
3. to address any matters that involve issues of health law or legal medicine.
Article 4
1. The Association shall pursue its purposes by, inter alia, organizing a World Congress on Health, Law and Ethics at two-year intervals, and an International Congress on Health, Law and Ethics at two-year intervals in years between World Congresses.
2. The Association shall encourage Regional Congresses on health, law and ethics.
3. The Association may support and sponsor regional and national Associations for health, law and ethics, and promote their affiliation to the Association.
4. The Association may make arrangements for consultation and cooperation with international, regional and national organizations.
The Association may sponsor institutes or centres concerned with particular areas of medical law or health law or legal medicine.
Article 5
1. The revenue of the Association shall consist of membership dues, grants from public authorities, and donations from institutions, foundations and private persons.
2. Grants and donations to the Association shall be approved by the Executive Committee. Grants and donations must be consistent with the moral integrity and scientific and financial independence of the Association.
Article 6
1. Membership of the Association shall be open to persons who have graduated from a university or equivalent academic institution and who are interested in the fulfillment of the purposes of the Association.
2. Membership shall be granted by the Executive Committee.
3. The Executive Committee’s refusal of membership shall be subject to appeal within six months to the Board of Governors, and decided by a majority vote of members present.
Article 7
1. An application for membership shall be addressed to the Secretary General, or to a Governor who shall refer the application to the Secretary General. The Secretary General shall verify that the application complies with Article 6(1), and shall refer the application to the Executive Committee for approval.
2. A register of membership shall be kept under the authority of the Secretary General.
Article 8
Paid-up Members of the Association shall be entitled, inter alia, to:
(a) Attend and vote in person at the General Assembly;
(b) Stand for election to the Board of Governors;
(c) Be appointed to Association committees, as provided in the Association Statutes;
(d) Enjoy specific benefits, rights and reduce fees available only to members of the Association.
Article 9
Membership shall terminate upon:
1. resignation;
2. non-payment of membership dues for two consecutive years;
3. expulsion decided by a two-thirds vote of members present at a meeting of the Board of Governors; or
4. death.
Article 10
Membership dues shall be determined by the General Assembly of the Association.
Article 11
1. Regional, national and other associations and centers active in the field of health law, legal medicine and ethics may be affiliated to the Association by decision of the Board of Governors.
2. Applications for affiliation shall be addressed to the Secretary General or to a Governor, who shall refer the application to the Secretary General. The Secretary General shall verify that the application complies with the Association’s objectives and shall transmit the application to the Board of Governors for their approval.
3. Affiliation shall terminate by a decision of the regional, national or other association or centre, or of the Board of Governors.
4. A register of affiliated associations shall be maintained by the Secretary General.
Article 12
The organs of the Association shall be the General Assembly, the Board of Governors, the Executive Committee, the Council of Presidents, and the Audit Committee.
Article 13
1. The General Assembly shall be made up of currently paid-up members of the Association.
2. Each member shall have one vote.
3. A member’s vote shall be cast only in person.
Article 14
1. The General Assembly shall meet ordinarily on the occasion of the biannual World Congress. Reports to the General Assembly shall cover matters arising since the previous General Assembly.
2. The agenda of the General Assembly shall include:
(a) The report of the President,
(b) The report of the Secretary General,
(c) The report of the Treasurer,
(d) The report of the Chairperson of Council of Presidents,
(e) The report of the Audit Committee,
(f) General discussion of the reports,
(g) The election of members to fill vacancies on the Board of Governors from a list of candidates presented by the Board of Governors,
(h) Determination of membership dues for the coming two-year period,
(i) Additional issues as proposed by a member of the Executive Committee,
(j) Election of three members of the Audit Committee.
Article 15
Extraordinary meetings of the General Assembly may be convened by the General Assembly or by the Board of Governors, at the request of at least two-thirds of their members present.
Article 16
1. The Board of Governors shall consist of not more than thirty members.
2. Every two years, the General Assembly shall elect members of the Board of Governors to fill vacant seats for a four-year period.
3. Not more than one governor can come from the same country.
4. Members of the Board of Governors shall normally be eligible for no more than two successive re-elections. A third or later successive re-election of a Governor shall be possible on recommendation of the Board of Governors and a vote of a two-thirds majority of Members present at the General Assembly.
5. The Board of Governors may appoint sub-committees from among its own members.
Article 17
1. A list of candidates for election by the General Assembly shall be submitted by the Board of Governors.
2. The list of candidates shall contain:
(a) the nominees of the Board of Governors; and
(b) Any Association member whose candidature has arisen in accordance with article 18
Article 18
1. Candidatures for the Board of Governors, including Board members whose period will expire under Article 16(2), shall be addressed to the Secretary General at least three months before the commencement of the next World Congress.
2. Members of the Board of Governors who are not nominated by the Board shall be entitled to stand for re-election if their term as Governor permits, until the closing of the list of candidates to be presented to the General Assembly.
Article 19
1. Bids to host a World or International Congress are to be addressed to the Secretary General at least four years in advance. The Secretary General shall submit bids to the Executive Committee, which will present them to the Board of Governors.
2. The Board of Governors, by majority vote of members present, shall decide the venue of a World or International Congress at least three years prior to the proposed date of the Congress.
3. If no suitable candidature has been introduced, if the Board of Governors determines there is no suitable application to host a World or International Congress, or if an accepted candidate appears not to be able to organize the Congress, the Board of Governors shall be entitled to invite and/or to accept another candidate.
Article 20
1. The President, Secretary General, and Treasurer and six Vice-Presidents of the Association shall be elected by the Board of Governors from among its members for a two-year period.
2. Each Vice-President shall, if possible, come from a separate continent.
3. The President or, if the President is unavailable, a Vice-President elected to the Executive Committee shall be entitled to attend all meetings of the organs of the Association, other than those of the Audit Committee, and shall be invited to all such meetings and be informed about their outcome.
4. The Board may by majority vote of members present appoint any former President, Secretary General, Treasurer, Vice-President, or Governor, who has served the Association with distinction, as Honorary President, Secretary General, Treasurer, Vice-President, or Governor respectively. They shall be invited to the meetings of the Board, and shall have an advisory non-voting role.
Article 21
Membership of the Board of Governors shall terminate upon:
(a) Expiration of the period under Article 16(4);
(b) Resignation;
(c) Appointment as a member of the Audit Committee;
(d) Decision of a two-thirds vote of all members of the Board of
Governors; or
(e) Failure to pay annual membership fee for two consecutive years;
(f) Death.
Article 22
The Board of Governors may delegate any of its powers to the Executive Committee.
Article 23
The Executive Committee shall consist of the President, a Vice-President designated by the Board of Governors, the Secretary General, and the Treasurer. Decisions of the Executive Committee shall be valid only if at least three members are present.
Article 24
1. The Board of Governors and the Executive Committee shall meet at least once a year.
2. Decisions of the Board of Governors shall be valid only if at least half of their elected members are present.
Article 25
The Council of Presidents, which is an advisory organ of the Association, shall consist of Members of the Association who are presidents, directors, or the equivalent of affiliated associations or other associations recognized by the Board of Governors to be associated with health law, legal medicine or ethics.
1. The Council of Presidents shall meet on the occasion of World and International Congresses and shall, during intervening periods, facilitate the development of health law, legal medicine or ethics, notably by promoting the international exchange of information and experience.
2. The Council of Presidents shall elect a Chairperson from among its members for a term of 2 years, renewable twice on the same terms as membership of the Board of Governors (under Article 16(4)).
3. The Chairperson shall not be a member of the Audit Committee.
4. The Council of Presidents shall report to the Board of Governors and to the General Assembly.
The working procedures of the Council of Presidents shall be established in consultation with the Board of Governors.
Article 26
1. The Association through the Secretary General shall inform affiliated associations and centers of its activities, provide them with advice on request, and assist them when possible.
2. Affiliated regional or national associations or centres shall keep the Association, through its Secretary General, informed of their activities and of major events related to health law, legal medicine, and/or ethics in their respective regions or countries.
Article 27
1. The Secretary General shall be eligible for re-election under Article 20(1) as long as he or she is a member of the Board of Governors.
2. The Secretary General shall be entitled to attend all meetings of the organs of the Association, other than those of the Audit Committee, and shall be invited to all such meetings and be informed of their outcome.
3. The Secretary General shall take minutes of the proceedings, where appropriate, issue notices to members, and conduct correspondence. He or she shall submit periodic report on activities to the Board of Governors.
4. The Secretary General shall exercise the day-to-day management of the Association, as well as all powers delegated by the Board of Governors and the Executive Committee.
5. The Secretary General shall represent the Association before legal tribunals and shall be responsible, under the direction of the Board of Governors for any litigation.
Article 28
1. The Treasurer shall be eligible for re-election under Article 20(1) as long as he or she is a member of the Board of Governors.
2. The Treasurer shall handle the Association's funds and shall maintain the books of account, with records of income and expenditures.
3. The Treasurer shall submit a report of the Association's expenditures, income and financial status to the Audit Committee on April 30 of each year.
4. The Treasurer shall submit an annual financial report and budget to the Board of Governors.
5. The Treasurer is authorized to dispose of up to US$ 2,000, with no prior approval. Expenditure in excess of US$ 2,000 may only be made with the prior approval of the President or Secretary General.
Article 29
The Audit Committee shall consist of three Members of the Association who are not members of the Board of Governors or of the Council of Presidents.
The members of the Audit Committee shall be nominated by the Board of Governors, and appointed and elected by majority vote of the General Assembly. Members shall hold office for four years and be eligible twice for re-appointment. Apart from expiration of the term of appointment, membership shall terminate by:
(a) resignation,
(b) election to the Board of Governors, or membership of the Council of Presidents,
(c) by a decision of a two-thirds vote of the General Assembly
(d) failure to pay annual membership fee for two consecutive years, or
(e) death.
1. A vacancy before expiration of a member's term shall be filled by appointment of the Executive Committee, subject to ratification of the Board of Governors or of the General Assembly in years when it meets.
2. The Audit Committee shall present a report to the Board of Governors by June 30 of each year when the General Assembly does not meet, and to the General Assembly in years when it meets.
3. The Audit Committee shall report, in writing, its findings on expenditure compliance with the Association's statutes and/or decisions of the Board of Governors or of the Council of Presidents. It may make recommendations regarding the Association's management, with particular regard to financial matters.
4. The Audit Committee shall present a single report, but members shall be entitled to present individual findings and recommendations.
Article 30
All of the Articles of these statutes, with the exception of Article 31, may be amended by approval of the General Assembly by a resolution adopted by a two-thirds majority of those present.
Article 31
The Association may be dissolved only by a resolution of the General Assembly adopted by a two-thirds majority of the members of the Association. If two-thirds are not present, a second meeting having the same item on the agenda will be convened no earlier than twelve months following the previous General Assembly. The resolution must be adopted by a two-thirds majority vote of those present.
Article 32
In the event of the dissolution of the Association, any remaining assets shall accrue to the World Health Organization, Geneva (Switzerland).