SECTION I
GENERAL RULES
Art. 1.- Bearing the name of SOCIEDAD IBEROAMERICANA
DE DERECHO MÉDICO (Ibero American Society of Medical
Law), a non-profitable association has been
established to group professionals who declare concrete
interest in medical and health jurisprudence.
Art. 2.- The established shall promote its activities
within IberoAmerican territories, will last indefinitely,
and its dissolution can be decided in accordance with
conditions and proceedings determined in the Statutes.
Art. 3.- The office of the Association will be fixed
every four years by the General Council.
Art. 4.- It shall be an object of the SIDEME to
promote and publish medical and health jurisprudence
studies. For the furtherance of this object, activities
of SIDEME shall include:
a) to promote theoretic and practical knowlegde among
physicians related to medical and health jurisprudence,
by encouraging physician-patient relationships in
concurrence of circumstances.
b) to encourage interest in medical and health
jurisprudence knowledge.
c) to promote and publish education and training
courses for specialists in this juridical branch.
d) to establish liaison and assisst the exchange of
information between scientific disciplines.
e) to organize by itself or in collaboration with
other organizations or bodies, Congresses, Symposia,
Meetings, or other scientific activities related to
medical and health jurisprudence.
f) to publish printed material on medical and health
jurisprudence, in addition to maintaining and promoting
training centres and specialized librairies.
g) any other functions related to specific areas of
medical and health jurisprudence.
Art. 5.- Without prejudice to the faculties of the
General Assembly, the Executive Council is the organ able
to interpret the Statutes and fulfill gaps if any, under
the standing regulating rules of associations, or others.
The Executive Council shall carry out the social statutes
by approving an internal bylaw without altering the Statutes contents.
SECTION II
MEMBERS
Art. 6.- Membership of the SIDEME shall be open to all
persons with activities related to medical and health
jurisprudence or shown a concrete interest in this branch
of jurisprudence.
Art. 7.-
1. Application forms to join the Association will be
addresed to the President of the Executive Council and
endorsed by two members of the Association. Acceptance of
Statutes and Bylaws adopted by governing bodies and a
curriculum vitae proving qualifications and specific
activities of the applicant must be enclosed.
2. Application forms shall be considered by the
Membership Committee of the Executive Council. Decision
on admission to the Association shall be delegated by the
Membership Committee to the Executive Council and
ratified by the following General Assembly.
3. Membership condition will not be fulfilled unless
first payment is due in accordance to the resolutions
adopted by the General Assembly.
Art. 8.- The rights of the members are as follows:
a) To receive an issue of the Statutes and have access
to any resolution adopted by the bodies of the
Association.
b) To have voting right in the Extraordinary and
Ordinary General Assembly of the Association providing
membership is at least six months, and to be elegible for
the Executive Council providing membership is at least
one year.
c) To participate, as it is accorded by the Statutes,
in governing bodies of the Association.
d) In general, to have access to studies and papers of
the Association, attend events, cooperate in the aims of
the Association and exert any rights considered by the
Statutes.
Art. 9.- Duties of the members are:
a) To accept and follow social Statutes as well as the
agreements validly adopted by the governing bodies.
b) To pay annual dues fixed by the General Assembly.
c) To cooperate for the attainment of the aims of the
Association and accomplish the asigned functions and
duties.
Art. 10.- Membership will be cancellated for any of
the reasons as follows:
a) A member voluntarily asked for its cancellation by
written declaration addressed to the President, subject
thereafter to the following Executive Council session.
b) Due to a faulting action contrary to the interests
and objectives of the Association, prior to commencement
of proceedings by the Executive Council, in audience with
the party in interest.
c) Failure of dues payment within two consecutive
years. All members shall be notified in advance by the
General Secretary; if the situation remains the same
after thirty days of notification, membership will
terminate automatically.
In any case, cancellation will exempt from pending
liabilities towards the Association.
SECTION III
HONORARY MEMBERS
Art. 11.- The Executive Council may nominate an
unlimited number of Honorary Membera, by unanimous vote,
among persons whose scientific, cultural, or social
profile deserve it. Equally, Honorary Members may be
nominated among persons who have extraordinarily
contributed to the aims of the Association.
Art. 12.- The rights of the Honorary Members are as
follows:
a) Right to speech without voting rights, in the
Extraordinary and Ordinary General Assemblies.
b) To be exemptioned from any dues.
c) In general, any rights attributed to Members,
except for voting rights.
SECTION IV
STRUCTURE OF THE ASSOCIATION
Art. 13.-
1. Representative and governing bodies are as follows:
the General Assembly, the Executive Council and the
President.
2. Technical bodies of the Association shall be:
a) The Scientific Committee.
b) Sectorial Committees to be constituted for the
furtherance of the aims of the Association.
Bylaws to set up Sectorial Committees determining
their structures, terms of reference and proceedings,
shall require the approval of a two thirds majority of
the members of the Executive Council.
CHAPTER 1
THE GENERAL ASSEMBLY
Art. 14.- The supreme organ of the Association is the
General Assembly. It shall consist of every member of the
Association. It shall meet in regular annual sessions;
extraordinary session may be convoked by the Executive
Council, or at the request of at least one fifth of the
members by notice in writing. It shall be appointed, in
agreement with the Executive Council, by the General
Secretary with no less than thirty clear days notice in
writing, excepting urgent reasons, with the order of the
day enclosed.
Art. 15.- The General Assembly will meet at first call
at a location and date convened when the majority of its
voting members are present. If the quorum is not reach, a
second call will take place thirty minutes later, with
any number of members present. Decisions shall we made by
a majority of the members present and voting; otherwise a
two third majority shall be needed. In case of tie, the
President vote shall decide. It will be needed,
nevertheless, a majority of the members present in the
General Assembly in the following questions: disposition
and alienation of assets, election of the Executive
Council, censure motion to the President and application
of public utility.
A minimal six-month membership gives voting right. In
case of justified no attendance, votes may be delegated
to a nominee. Four votes as a maximum, would be allowed
in one nominee.
Art. 16.- Functions and powers of the General Assembly
shall be:
a) To approve annual budgets and financial reports of
the preceding year.
b) To renew the Executive Council.
c) To resolve on application forms for Membership.
d) To fix or modify dues.
e) To approve action plans of the Association.
f) To approve the Annual Report of the Association.
g) To modify the Statutes.
h) To dispose and transfer assets.
i) To dissolve the Association.
j) Any other requested by the Executive Council or by
one fifth of the members at a notice of thirty days by
written declaration, to be included in the order of the
day of the corresponding meeting.
Art. 17.-
1. The General Assembly shall be chaired by the
President or the Vice-President. The Secretary of the
Executive Council shall act as its Secretary, or in his
absence, any of the Officers.
2. The President shall conduct debates, regulate
speakers from the floor and put the motions to a vote.
The President shall also solve order and procedural
matters arisen.
Art. 18.- Minutes of agreements of the General
Assembly shall be kept by the General Secretary, approved
at the end of the meeting or mailed to its members who,
before thirty days deadline, may propose amendments.
Thereafter minutes would be directly approved or if
necessary, in the following Assembly.
CHAPTER II
THE EXECUTIVE COUNCIL
Art. 19.- The Executive Council is the governing body
of the Association. The President, a Vice-President, the
General Secretary, the Treasurer, and a maximum of twenty
officers shall compose the Executive Council.
The President and all members of the Executive Council
shall be elected by the General Assembly by direct, equal
and secret suffrage over a closed slate of candidates.
Every member of the Executive Council is elected for a
period of four years, excepting renewal, resignation, or
impairment, with no more than three consecutive terms.
Art. 20.- Renewal of the Executive Council shall take
place by stages every two years. At first, the
Vice-President, the Treasurer and three officers shall be
renewed; in the second place the remained members.
Members may run for re-election for a maximum of three
consecutive terms.
Art. 21.- The Executive Council shall meet once a year
as a minimun or at the request of its President.
Decisions shall be made by a majority of the members
present. An Executive Board shall be constituted within
the Executive Council. The Executive Board shall consist
of the President, the vice-President, the General
Secretary, the Treasurer and one Officer appointed by the
Executive Council. The Executive Board shall be in
contact with the members of the Executive Council by
e-mail or other ways to inform them of the agreements to
be taken between annual sessions.
Art. 22.- Any casual vacancy on the Executive Council
shall be appointed by the Executive Council among elected
members from the slate of candidates until the conclusion
of the term.
Art. 23.- The functions of the Executive Council are:
a) To plan scientific and social activities of the
Association.
b) To execute agreements approved by the General
Assembly.
c) Annual budget plans and statement of accounts for
the last financial year shall be studied by the Executive
Council, prior to submission to the General Assembly.
d) To approve annual memorandums of the Association.
e) To designate by unanimous vote Honorary Members.
f) To solve any controversy arisen among members.
g) To conduct and solve disciplinary proceedings.
h) Any other appointed by the General Assembly.
CHAPTER 3
THE PRESIDENT
Art. 24.- The President of the Association represent
it at all legal functions, executing on behalf of the
Association agreements of the Executive Council and the
General Assembly. In addition, the President is
responsible for the administration and governance of the
Association.
Art. 25.- It corresponds to the President the
following functions:
a) To convoke and preside the General Assembly and the
Executive Council, establishing the order of the day.
b) To propose and encourage the action plan of the
Association.
c) To authorize, under signature, the execution and
implementation of the agreements of the Association and
to approve payments.
d) To approve minutes of the General Assembly and the
Executive Council, statements of accounts, affidavits and
public or private documents issued by the Association.
e) To grant any powers, including lawful acts.
f) In case of urgency, to carry out and solve affairs
proper to the Executive Council, informing the Executive
Council afterwards.
g) Any other function in accordance to the Statutes,
bylaws or policies in force applicable to the case.
Art. 26.- The above-mentioned functions shall be
entrust to the Vice-President in case of absence, vacancy
or illness of the President, or by delegation.
CHAPTER IV
THE SCIENTIFIC COMMITTEE
Art. 27.-
1. As a maximum of 20 persons of high reputation
within medical and health jurisprudence related to the
Association shall compose the Scientific Committee.
2. Officers of the Scientific Committee shall be
appointed by the General Assembly upon proposal from the
Executive Council.
3. The functions of the Scientific Committee shall be:
a) To notify programs of scientific activities.
b) To act as Editorial Board of the publications of
the Association.
c) Any other function related to scientific activities
of the Association instructed by the Executive Council.
SECTION V
ECONOMIC AND DOCUMENTARY REGIME
Art. 28.- The Sociedad Iberoamericana de Derecho
Médico is a non-profitable organization with no
foundational possessions.
Art. 29.- Economic sources to further its scientific
and social objectives shall be:
a) Ordinary and extraordinary dues, regular or
joining-dues, named by the General Assembly.
b) Incomes obtained through lawful activities in
conformity to the Statutes agreed by the Executive
Council.
c) Profits resulting from properties or rights, legal
subsidies and donations lawfully given.
d) Other incomes resulting from acting as a
consultancy agency.
e) Other permitted by bylaws and standing regulations.
Art. 30.-
1. The annual budget shall be formulated in conformity
with the General Accounting Plan policies and standing
regulations.
2. The financial year shall commence on 1 January and
conclude on 31 December.
Art. 31.- Economic administration shall be disclosed
allowing members to periodically knowledge funds uses.
Art. 32.- The economic and documentary regime shall
consist of:
a) Members record book.
b) Minute book.
c) Account book.
d) Statement of Accounts and invoice book.
However, the above-mentioned items may be kept in
mixed books.
SECTION VI
DISSOLUTION OF THE ASOCIACION
Art. 33.- Dissolution of the Association can be
decided by two thirds majority vote of the present
members of the General Assembly in an extraordinary
session; or for any reason in accordance with bylaws and
judicial verdict.
Art. 34.- If dissolution of the Association is agreed
in the General Assembly, a special committee shall be
appointed to dispose existent funds. Any assets remaning
after cancellation of liabilities shall be trasnferred to
such organisations having similar object as described in
Art. 4 of the Statutes.
Art. 35.- Any amendments or alterations concerning the
Statutes shall be approved, prior agreement of the
Executive Council, by two thirds majority vote of the
members present in a properly constituted General
Assembly.
SECTION VIII
Art. 36.- Membership, voting and access to the
Executive Councilrequirements shall be exempted in the
constitutive Assembly. A written form to join the
Association and a pledge of subscription payment shall be
requested.
Founder members shall be those members recorded as
such in the constitutive Assembly.
Traducción: Mariana Folle
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