Health Law, Human Rights And the Biomedicine Convention


Book Description

In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened for signature. This volume of essays, written in honour of Henriette Roscam Abbing upon her retirement as Professor of Health Law at the University of Utrecht, gives an overview of some of the most important issues raised by the Convention. In six parts, this volume discusses the basic concepts and leading principles; the provision of services; the rights of patients; research; human tissue and genetics; and the implementation of the Convention.




Additional Protocol to the Convention on Human Rights and Biomedicine, Concerning Biomedical Research


Book Description

This protocol covers the full range of research activities in the health field that involve interventions on human beings. It aims to protect the dignity and identity of everyone involved, without discrimination.







Human Rights and Biomedicine


Book Description

The eight chapters within this volume are structured around an exploration of the fundamental issues in the field of biomedical human rights: dignity and autonomy in not only procreative liberties but throughout the complete cycle of life and death, the freedom of scientific inquiry into the new biotechnological methods of collaborative reproduction, the right to genetic integrity at birth and throughout life, and the equitable right to health or access to health care benefits during life and old age. All these central issues are tested, of necessity, but utilitarian principles which, in turn, force the templates for decision making, evaluate the gravity of harm deriving from a particular human right and its recognition and enforcement measured against the utility of the social, economic, or cultural good accruing from recognition of such a right in the first instance. Ultimately, cultural relativism will be seen - more often than universality - as the determinative point of balance. This volume not only informs the ongoing debate on the role of human rights in biomedicine, but will also provide enlightened responses to the troublesome issues presented in this new age of biotechnology.




Biomedicine and Human Rights


Book Description

The Convention on Human Rights and Biomedicine, also referred to as the "Oviedo Convention", celebrated the 10th anniversary of its entry into force in 2009. This legally binding instrument aims to protect the integrity, dignity and identity of all human beings and guarantees everyone, without discrimination, the respect for their rights and fundamental freedoms with regard to the application of biology and medicine. It shares with the European Convention on Human Rights the same underlying approach and many ethical principles, and provides a general framework for the protection of fundamental rights and freedoms in the field of biomedicine. The Oviedo Convention also addresses new challenges in biomedicine that are brought about by technological and scientific developments, making it a reference text for patient rights at the European level. The principles laid down in the Oviedo Convention were further developed and complemented in additional protocols in specific fields: prohibition of cloning of human beings, transplantation of organs and tissues of human origin, and biomedical research and genetic testing for health purposes.




Biomedicine, the Family and Human Rights


Book Description

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.







Principles of international biolaw


Book Description

Rapid advances in genetics and medicine present both opportunities and threats to the advancement of human rights and public health in this era of globalization. While such advances contribute significantly to progress against disease, they may also pose profound global public policy concerns in that the ethical and policy considerations that follow from scientific advances lag far behind. In this context, the aim of this book is to present the current global efforts to develop common principles relating to biomedicine. Section I sets forth the pivotal role that the principle of human dignity plays in this domain, and identifies a number of other principles that can be drawn from the recent international policy documents on bioethics. Section II provides detailed commentaries on recent international instruments relating to biomedicine adopted by UNESCO and the Council of Europe. Section III elaborates upon specific biomedical human rights issues that are the subject of contemporary international standard-setting efforts, including biomedical research, population biobanks, genetic testing, and advance directives. Essays in each of these sections examine the extent to which promoting and protecting human rights has created a common framework for contemporary international lawmaking in the field of biomedicine and the strengths and limitations of international law as a tool for advancing biomedical human rights.




Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Genetic Testing for Health Purposes


Book Description

Biological and medical research has led to remarkable progress in the field of human health. The rapid developments in this sphere have prompted the Council of Europe to consider the ethical and legal aspects of applications of genetics, particularly genetic testing, and to draw up legal rules to protect fundamental human rights with regard to these applications. The new Protocol sets down principles relating inter alia to the quality of genetic services, prior information and consent and genetic counselling. It lays down general rules on the conduct of genetic tests, and, for the first time at international level, deals with the directly accessible genetic tests for which a commercial offer could develop in future. It specifies the conditions in which tests may be carried out on persons not able to consent. Also covered are the protection of private life and the right to information collected through genetic testing. Finally, the Protocol touches on genetic screening.