The recent debate on the theoretical possibility of cloning human beings is urging society to develope a global legal barrier in order to prohibit the use of this technique on humans. Some national legislation, e.g. Germany, already bans the cloning of human beings. The European Convention on Human Rights and Biomedicine contains three articles which together form the cornerstones for a prohibition of cloning: Article 1 guarantees the identity of human beings, Article 18.2 explicitly prohibits the creation of human embryos for research purposes and Article 13 contains a prohibition on the modification of the genome of any decendants. The prohibition of cloning human beings in the Protocol on Embryo Protection foreseen by the Council of Europe seems a necessary consequence. Furthermore, the forthcoming UNESCO Declaration on the Human Genome and Human Rights should contain such an explicit prohibition.
Leuven Abstract Th e EuropeanConventiononHumanRightsandBiomedicine of the Council of Europe provides in article 6 for special protection of persons who are not able to give free and informed consent to an inter- vention in the health ﬁ eld, e.g. minors. According to the second paragraph of this
interpretation in relation to individuals with psychosocial disabilities. The article then turns to examining the protection provided under the echr and the Council of EuropeConventiononHumanRightsandBiomedicine, before reaching the conclusion that only ‘weak’ protection has been afforded to people with
this question in light of international human rights standards, including the recent EuropeanConventionsonHumanRightsandBiomedicine, and particularly, the child’s right to identity. I propose a new dual model to evaluate such biomedical decisions from a child-centred approach. What is the
Within the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.
— economically and politically, making harmonised legislation for human research subject protection indispensible. Th e EuropeanConventiononHumanRightsandBiomedicine is the ﬁ rst binding contract under international law to protect human rights in the ﬁ eld of biomedical research. Almost 10 years after its
Until 1998 research on in vitro human embryos concentrated on the issues related to assisted reproduction. The situation changed dramatically when the first scientific report on the laboratory culture of human embryonic stem cells was published. This scientific breakthrough with new therapeutic promises put human embryo into a new, more vulnerable position. Combined with creation of embryos via somatic cell nuclear transfer, it inveigles into mass production of embryos, first for scientific purposes, but later perhaps for the healing of people.This article examines the efficacy of the Convention on Human Rights and Biomedicine in protecting embryos in this new era of embryo research. The interpretative latitude of Article 18 of the Convention is demonstrated, and legislation in three Nordic countries with highly variable approach to embryo research regulation is analysed. I examine how this divergence is possible in the light of the Convention text. In the end, potential reasons for variation in regulation in the otherwise similar Nordic countries are discussed, as well as under what conditions harmonisation of regulation on embryo research, a highly value-charged matter, could be possible at the European level.
This volume examines the impact of advances in genetics and assisted reproduction technologies on family law, human rights and the rights of the child, including the effects of international treaties on national legislation. It surveys the theoretical, ethical and legal discussions with regard to biotechnology and family law issues and the search for a balance between safeguarding respect for human rights and fundamental freedoms and the need to ensure freedom of research. However, biotechnology impinges not only on isolated individuals and their rights, but also on unborn children, the family as a network of living relationships and the basic structure of any society, as well as the foundation of parentage and kinship, social organization as a whole and, finally, mankind itself.
As the attention of the World turns to cloning, this book will contribute to the search for a balance between the rights and freedoms of born and yet to be born human beings and the quest for new technologies.
international private law in its second edition. Law related to the new biomedical technologies, or bioethics, was only formalised out- side of national law with the first international binding instrument, the EuropeanConventiononHumanRightsandBiomedicine, in 1997. This treaty was of course predated by