Convention For The Protection Of Human Rights And Dignity Of The Human Being With Regard To The Application Of Biology And Medicine

Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, also known as the Oviedo Convention, is a key legal instrument in the field of biomedicine and human rights. It was opened for signature on April 4, 1997, in Oviedo, Spain, and is the first international treaty to specifically address the ethical, legal, and human rights issues raised by advances in biology, medicine, and genetics. The convention emphasizes the primacy of the human being and the need to protect human dignity and identity in the face of rapid scientific developments.

Background

The Oviedo Convention was developed under the auspices of the Council of Europe, with the aim of establishing a comprehensive framework to safeguard human rights in the biomedical context. It reflects a consensus among member states on the fundamental principles to be applied in the field of biomedicine, taking into account the varying cultural, legal, and philosophical traditions across Europe.

Key Provisions

The convention covers a wide range of issues, including:

- Consent: It stipulates that any intervention in the health field can only be carried out after the person concerned has given free and informed consent. This principle is also applied to research involving human beings.

- Privacy and Right to Information: It guarantees the right to respect for private life and the right to be informed about collected health-related information.

- Human Genome: It prohibits any form of discrimination based on genetic heritage and sets limits on the use of predictive genetic tests, mainly to health purposes or scientific research linked to health purposes.

- Research on Humans: It establishes protective provisions for those who cannot consent to research, such as minors or individuals with mental disabilities, ensuring that research can only be carried out if there is potential direct benefit to their health.

- Organ and Tissue Transplantation: It sets ethical standards and safeguards for the transplantation of organs and tissues, emphasizing voluntary and unpaid donation.

Impact and Criticism

The Oviedo Convention has been influential in shaping national laws and policies on biomedicine across its signatory states. However, it has also faced criticism, particularly from countries that have not ratified it, for potentially impeding scientific research and for its perceived lack of flexibility in the face of new technological advancements.

Signatories

As of the last update, not all Council of Europe member states have signed or ratified the convention, reflecting differing national perspectives on bioethical issues. The convention enters into force in the territories of those states that have ratified it, binding them to its provisions.

See Also

• Bioethics
• Human rights
• Genetic privacy
• Informed consent
• Council of Europe

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