79C3C34C52B45572883A05D425EB0F82
Oviedo Convention on Human Rights and Biomedicine
https://leaux.net/URLS/General/Iceland-_Convention_for_the_Protection_of_Human_Rights_and_Dignity_of_the_Human_Being_with_regard_to_the_Application_of_Biology_and_Medicine-_Convention_on_Human_Rights_and_Biomedicine_.pdf
http://leaux.net/URLS/ConvertAPI Text Files/34A14C592C1FF1523441C4E8F070864F.en.txt
Examining the file media/Synopses/34A14C592C1FF1523441C4E8F070864F.html:
This file was generated: 2020-12-01 05:56:35
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.(None): Article 22 – Disposal of a removed part of the human body
p.(None): When in the course of an intervention any part of a human body is removed, it may be stored and used for a purpose
p.(None): other than that for which i
p.(None):
p.(None): was removed, only if this is done in conformity with appropriate information and consent procedures.
p.(None): Chapter VIII – Infringements of the provisions of the Convention Article 23 – Infringement of the rights or principles
p.(None): The Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of
p.(None): the rights and principles set forth in this Convention at short notice.
p.(None): Article 24 – Compensation for undue damage
p.(None): The person who has suffered undue damage resulting from an intervention is entitled to fair compensation
p.(None): according to the conditions and procedures prescribed by law.
p.(None): Article 25 – Sanctions
p.(None): Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.(None): in this Convention.
p.(None): Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.(None): rights
p.(None): 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.(None): in this Convention other than such as ar prescribed by law and are necessary in a democratic society in the
p.(None): interest of public safety, for the prevention of crime, for the protection of publi health or for the protection of the
p.(None): rights and freedoms of others.
p.(None): 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.(None): 20 and 21.
p.(None): Article 27 – Wider protection
p.(None): None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.(None): Party to grant a wider measur of protection with regard to the application of biology and medicine than is stipulated
p.(None): in this Convention.
p.(None): Chapter X – Public debate
p.(None): Article 28 – Public debate
p.(None): Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.(None): biology and medicine are the subject o appropriate public discussion in the light, in particular, of relevant
p.(None): medical, social, economic, ethical and legal implications, and that their possibl application is made the subject of
p.(None): appropriate consultation.
p.(None): Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.(None): The European Court of Human Rights may give, without direct reference to any specific proceedings pending in a court,
p.(None): advisory opinions on lega questions concerning the interpretation of the present Convention at the request of:
p.(None): – the Government of a Party, after having informed the other Parties;
...
Searching for indicator unlawful:
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p.(None): tissue from a person who does not have th capacity to consent may be authorised provided the following
p.(None): conditions are met:
p.(None): i there is no compatible donor available who has the capacity to consent;
p.(None): ii the recipient is a brother or sister of the donor;
p.(None): iii the donation must have the potential to be life-saving for the recipient;
p.(None): iv the authorisation provided for under paragraphs 2 and 3 of Article 6 has been given specifically and in
p.(None): writing, in accordance with the law an with the approval of the competent body;
p.(None): v the potential donor concerned does not object.
p.(None): Chapter VII – Prohibition of financial gain and disposal of a part of the human body Article 21 – Prohibition of
p.(None): financial gain
p.(None): The human body and its parts shall not, as such, give rise to financial gain.
p.(None): Article 22 – Disposal of a removed part of the human body
p.(None): When in the course of an intervention any part of a human body is removed, it may be stored and used for a purpose
p.(None): other than that for which i
p.(None):
p.(None): was removed, only if this is done in conformity with appropriate information and consent procedures.
p.(None): Chapter VIII – Infringements of the provisions of the Convention Article 23 – Infringement of the rights or principles
p.(None): The Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of
p.(None): the rights and principles set forth in this Convention at short notice.
p.(None): Article 24 – Compensation for undue damage
p.(None): The person who has suffered undue damage resulting from an intervention is entitled to fair compensation
p.(None): according to the conditions and procedures prescribed by law.
p.(None): Article 25 – Sanctions
p.(None): Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.(None): in this Convention.
p.(None): Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.(None): rights
p.(None): 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.(None): in this Convention other than such as ar prescribed by law and are necessary in a democratic society in the
p.(None): interest of public safety, for the prevention of crime, for the protection of publi health or for the protection of the
p.(None): rights and freedoms of others.
p.(None): 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.(None): 20 and 21.
p.(None): Article 27 – Wider protection
p.(None): None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
...
Political / political affiliation
Searching for indicator party:
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p.(None):
p.(None):
p.(None):
p.(None): (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.(None): entered into force on 1 December 2009. As consequence, as from that date, any reference to the European Economic
p.(None): Community shall be read as the European Union.
p.(None):
p.(None): Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.(None): Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.(None): Recognising the importance of promoting a public debate on the questions posed by the application of biology and
p.(None): medicine and the responses t be given thereto;
p.(None): Wishing to remind all members of society of their rights and responsibilities;
p.(None): Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the
p.(None): preparation of a convention on bioethics;
p.(None): Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights
p.(None): and freedoms of the individual wit regard to the application of biology and medicine,
p.(None): Have agreed as follows:
p.(None): Chapter I – General provisions
p.(None): Article 1 – Purpose and object
p.(None): Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.(None): everyone, without discrimination, respect fo their integrity and other rights and fundamental freedoms with regard
p.(None): to the application of biology and medicine.
p.(None): Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.
p.(None): Article 2 – Primacy of the human being
p.(None):
p.(None): The interests and welfare of the human being shall prevail over the sole interest of society or science.
p.(None): Article 3 – Equitable access to health care
p.(None): Parties, taking into account health needs and available resources, shall take appropriate measures with a view to
p.(None): providing, within their jurisdiction equitable access to health care of appropriate quality.
p.(None): Article 4 – Professional standards
p.(None): Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.(None): obligations and standards.
p.(None): Chapter II – Consent
p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
...
p.(None): the rights and principles set forth in this Convention at short notice.
p.(None): Article 24 – Compensation for undue damage
p.(None): The person who has suffered undue damage resulting from an intervention is entitled to fair compensation
p.(None): according to the conditions and procedures prescribed by law.
p.(None): Article 25 – Sanctions
p.(None): Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.(None): in this Convention.
p.(None): Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.(None): rights
p.(None): 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.(None): in this Convention other than such as ar prescribed by law and are necessary in a democratic society in the
p.(None): interest of public safety, for the prevention of crime, for the protection of publi health or for the protection of the
p.(None): rights and freedoms of others.
p.(None): 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.(None): 20 and 21.
p.(None): Article 27 – Wider protection
p.(None): None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.(None): Party to grant a wider measur of protection with regard to the application of biology and medicine than is stipulated
p.(None): in this Convention.
p.(None): Chapter X – Public debate
p.(None): Article 28 – Public debate
p.(None): Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.(None): biology and medicine are the subject o appropriate public discussion in the light, in particular, of relevant
p.(None): medical, social, economic, ethical and legal implications, and that their possibl application is made the subject of
p.(None): appropriate consultation.
p.(None): Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.(None): The European Court of Human Rights may give, without direct reference to any specific proceedings pending in a court,
p.(None): advisory opinions on lega questions concerning the interpretation of the present Convention at the request of:
p.(None): – the Government of a Party, after having informed the other Parties;
p.(None): – the Committee set up by Article 32, with membership restricted to the Representatives of the Parties to this
p.(None): Convention, by a decision adopted by a two-thirds majority of votes cast.
p.(None): Article 30 – Reports on the application of the Convention
p.(None): On receipt of a request from the Secretary General of the Council of Europe any Party shall furnish
p.(None): an explanation of the manner in which it internal law ensures the effective implementation of any of the
p.(None): provisions of the Convention.
p.(None): Chapter XII – Protocols
p.(None): Article 31 – Protocols
p.(None): Protocols may be concluded in pursuance of Article 32, with a view to developing, in specific fields, the principles
p.(None): contained in this Convention.
p.(None): The Protocols shall be open for signature by Signatories of the Convention. They shall be subject to ratification,
p.(None): acceptance or approval. A Signator may not ratify, accept or approve Protocols without previously or simultaneously
p.(None): ratifying accepting or approving the Convention.
p.(None):
p.(None):
p.(None): Chapter XIII – Amendments to the Convention Article 32 – Amendments to the Convention
p.(None): 1 The tasks assigned to "the Committee" in the present article and in Article 29 shall be carried out by the
p.(None): Steering Committee on Bioethics (CDBI), o by any other committee designated to do so by the Committee of Ministers.
p.(None): 2 Without prejudice to the specific provisions of Article 29, each member State of the Council of
p.(None): Europe, as well as each Party to the presen Convention which is not a member of the Council of Europe, may be
p.(None): represented and have one vote in the Committee when the Committee carrie out the tasks assigned to it by the present
p.(None): Convention.
p.(None): 3 Any State referred to in Article 33 or invited to accede to the Convention in accordance with the provisions of
p.(None): Article 34 which is not Party to thi Convention may be represented on the Committee by an observer. If the
p.(None): European Community is not a Party it may be represented on th Committee by an observer.
p.(None): 4 In order to monitor scientific developments, the present Convention shall be examined within the Committee no
p.(None): later than five years from its entr into force and thereafter at such intervals as the Committee may determine.
p.(None): 5 Any proposal for an amendment to this Convention, and any proposal for a Protocol or for an amendment to a
p.(None): Protocol, presented by a Party, th Committee or the Committee of Ministers shall be communicated to the Secretary
p.(None): General of the Council of Europe and forwarded by him to th member States of the Council of Europe, to the European
p.(None): Community, to any Signatory, to any Party, to any State invited to sign this Convention in
p.(None):
p.(None): accordance with the provisions of Article 33 and to any State invited to accede to it in accordance with the provisions
p.(None): of Article 34.
p.(None): 6 The Committee shall examine the proposal not earlier than two months after it has been forwarded by the
p.(None): Secretary General in accordance with paragraph 5. The Committee shall submit the text adopted by a two-thirds majority
p.(None): of the votes cast to the Committee of Ministers for approval After its approval, this text shall be forwarded to the
p.(None): Parties for ratification, acceptance or approval.
p.(None): 7 Any amendment shall enter into force, in respect of those Parties which have accepted it, on the first day of
p.(None): the month following the expiration of period of one month after the date on which five Parties, including at
p.(None): least four member States of the Council of Europe, have informed th Secretary General that they have
p.(None): accepted it.
p.(None): In respect of any Party which subsequently accepts it, the amendment shall enter into force on the first day of the
p.(None): month following the expiration o a period of one month after the date on which that Party has informed the Secretary
p.(None): General of its acceptance.
p.(None): Chapter XIV – Final clauses
p.(None): Article 33 – Signature, ratification and entry into force
p.(None): 1 This Convention shall be open for signature by the member States of the Council of Europe, the non-member
p.(None): States which have participated in it elaboration and by the European Community.
p.(None): 2 This Convention is subject to ratification, acceptance or approval. Instruments of ratification,
p.(None): acceptance or approval shall be deposited with th Secretary General of the Council of Europe.
p.(None): 3 This Convention shall enter into force on the first day of the month following the expiration of a period of
p.(None): three months after the date on which fiv States, including at least four member States of the Council of Europe, have
p.(None): expressed their consent to be bound by the Convention in accordanc with the provisions of paragraph 2 of the present
p.(None): article.
p.(None): 4 In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall
p.(None): enter into force on the first day of th month following the expiration of a period of three months after the date of the
p.(None): deposit of its instrument of ratification, acceptance or approval.
p.(None): Article 34 – Non-member States
p.(None): 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after
p.(None): consultation of the Parties, invite an non-member State of the Council of Europe to accede to this Convention by a
p.(None): decision taken by the majority provided for in Article 20, paragraph d of the Statute of the Council of Europe, and by
p.(None): the unanimous vote of the representatives of the Contracting States entitled to sit on the Committe of Ministers.
p.(None): 2 In respect of any acceding State, the Convention shall enter into force on the first day of the
p.(None): month following the expiration of a period of thre months after the date of deposit of the instrument of
p.(None): accession with the Secretary General of the Council of Europe.
p.(None): Article 35 – Territories
p.(None): 1 Any Signatory may, at the time of signature or when depositing its instrument of ratification,
p.(None): acceptance or approval, specify the territory o territories to which this Convention shall apply. Any other State
p.(None): may formulate the same declaration when depositing its instrument of accession.
p.(None): 2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the
p.(None): Council of Europe, extend the application of thi Convention to any other territory specified in the
p.(None): declaration and for whose international relations it is responsible or on whose behalf it i authorised
p.(None): to give undertakings. In respect of such territory the Convention shall enter into force on the first
p.(None): day of the month following th expiration of a period of three months after the date of receipt of such declaration
p.(None): by the Secretary General.
p.(None): 3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified
p.(None): in such declaration, be withdrawn by notification addressed to the Secretary General. The withdrawal shall become
p.(None): effective on the first day of the month following the expiration of period of three months after the date of receipt of
p.(None): such notification by the Secretary General.
p.(None): Article 36 – Reservations
p.(None): 1 Any State and the European Community may, when signing this Convention or when depositing the instrument of
p.(None): ratification, acceptance, approva or accession, make a reservation in respect of any particular provision of the
p.(None): Convention to the extent that any law then in force in its territory i not in conformity with the provision.
p.(None): Reservations of a general character shall not be permitted under this article.
p.(None): 2 Any reservation made under this article shall contain a brief statement of the relevant law.
p.(None): 3 Any Party which extends the application of this Convention to a territory mentioned in the declaration referred
p.(None): to in Article 35, paragraph 2, may, in respect of the territory concerned, make a reservation in accordance with the
p.(None): provisions of the preceding paragraphs.
p.(None): 4 Any Party which has made the reservation mentioned in this article may withdraw it by means of a declaration
p.(None): addressed to the Secretary Genera of the Council of Europe. The withdrawal shall become effective on the
p.(None): first day of the month following the expiration of a period of one month after the date of its receipt by
p.(None): the Secretary General.
p.(None): Article 37 – Denunciation
p.(None): 1 Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General
p.(None): of the Council of Europe.
p.(None): 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of
p.(None): three months after the date of receip of the notification by the Secretary General.
p.(None): Article 38 – Notifications
p.(None): The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.(None): any Signatory, any Part and any other State which has been invited to accede to this Convention of:
p.(None): a any signature;
p.(None): b the deposit of any instrument of ratification, acceptance, approval or accession;
p.(None): c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.(None):
p.(None): d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an amendment or
p.(None): Protocol enters into force;
p.(None): e any declaration made under the provisions of Article 35;
p.(None): f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.(None): g any other act, notification or communication relating to this Convention.
p.(None):
p.(None): In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.(None): Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally
p.(None): authentic, in a single copy which shall b deposited in the archives of the Council of Europe. The Secretary
p.(None): General of the Council of Europe shall transmit certified copies to each membe State of the Council of Europe, to
...
Searching for indicator political:
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p.(None): Avenue de l'Europe
p.(None): F-67075 Strasbourg Cedex Tel. +33 (0)3 88 41 20 00
p.(None): www.coe.int
p.(None): Treaty Offi
p.(None):
p.(None): You are here: Conventions
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): European Treaty Series - No. 16
p.(None): Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.(None): and Medicine: Convention on Human Rights and Biomedicine *
p.(None): Oviedo, 4.IV.1997
p.(None):
p.(None):
p.(None):
p.(None): Preamble
p.(None): The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.(None): Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on
p.(None): 10 December 1948; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4
p.(None): November 1950;
p.(None): Bearing in mind the European Social Charter of 18 October 1961;
p.(None): Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.(None): Social and Cultural Rights o 16 December 1966;
p.(None): Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
p.(None): of 28 January 1981; Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.(None): Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that
p.(None): one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and
p.(None): fundamental freedoms;
p.(None): Conscious of the accelerating developments in biology and medicine;
p.(None): Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.(None): recognising the importance o ensuring the dignity of the human being;
p.(None): Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.(None): entered into force on 1 December 2009. As consequence, as from that date, any reference to the European Economic
p.(None): Community shall be read as the European Union.
p.(None):
p.(None): Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.(None): Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
...
Health / Mentally Disabled
Searching for indicator disability:
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p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
p.(None): The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.(None): proportion to his or her age and degree o maturity.
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
p.(None): Article 8 – EmergencyXsituation
p.(None): When because of an emergency situation the appropriate consent cannot be obtained, any medically
p.(None): necessary intervention may be carried ou immediately for the benefit of the health of the individual concerned.
p.(None): Article 9 – Previously expressed wishes
...
Social / Access to Social Goods
Searching for indicator access:
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p.(None):
p.(None): Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.(None): Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.(None): Recognising the importance of promoting a public debate on the questions posed by the application of biology and
p.(None): medicine and the responses t be given thereto;
p.(None): Wishing to remind all members of society of their rights and responsibilities;
p.(None): Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the
p.(None): preparation of a convention on bioethics;
p.(None): Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights
p.(None): and freedoms of the individual wit regard to the application of biology and medicine,
p.(None): Have agreed as follows:
p.(None): Chapter I – General provisions
p.(None): Article 1 – Purpose and object
p.(None): Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.(None): everyone, without discrimination, respect fo their integrity and other rights and fundamental freedoms with regard
p.(None): to the application of biology and medicine.
p.(None): Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.
p.(None): Article 2 – Primacy of the human being
p.(None):
p.(None): The interests and welfare of the human being shall prevail over the sole interest of society or science.
p.(None): Article 3 – Equitable access to health care
p.(None): Parties, taking into account health needs and available resources, shall take appropriate measures with a view to
p.(None): providing, within their jurisdiction equitable access to health care of appropriate quality.
p.(None): Article 4 – Professional standards
p.(None): Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.(None): obligations and standards.
p.(None): Chapter II – Consent
p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
...
Social / Age
Searching for indicator age:
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p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
p.(None): The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.(None): proportion to his or her age and degree o maturity.
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
p.(None): Article 8 – EmergencyXsituation
...
Social / Child
Searching for indicator child:
(return to top)
p.(None): Avenue de l'Europe
p.(None): F-67075 Strasbourg Cedex Tel. +33 (0)3 88 41 20 00
p.(None): www.coe.int
p.(None): Treaty Offi
p.(None):
p.(None): You are here: Conventions
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): European Treaty Series - No. 16
p.(None): Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.(None): and Medicine: Convention on Human Rights and Biomedicine *
p.(None): Oviedo, 4.IV.1997
p.(None):
p.(None):
p.(None):
p.(None): Preamble
p.(None): The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.(None): Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on
p.(None): 10 December 1948; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4
p.(None): November 1950;
p.(None): Bearing in mind the European Social Charter of 18 October 1961;
p.(None): Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.(None): Social and Cultural Rights o 16 December 1966;
p.(None): Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
p.(None): of 28 January 1981; Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.(None): Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that
p.(None): one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and
p.(None): fundamental freedoms;
p.(None): Conscious of the accelerating developments in biology and medicine;
p.(None): Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.(None): recognising the importance o ensuring the dignity of the human being;
p.(None): Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.(None): entered into force on 1 December 2009. As consequence, as from that date, any reference to the European Economic
p.(None): Community shall be read as the European Union.
p.(None):
p.(None): Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.(None): Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.(None): Recognising the importance of promoting a public debate on the questions posed by the application of biology and
p.(None): medicine and the responses t be given thereto;
p.(None): Wishing to remind all members of society of their rights and responsibilities;
p.(None): Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the
p.(None): preparation of a convention on bioethics;
...
p.(None): intervention, in a state to express hi or her wishes shall be taken into account.
p.(None): Chapter III – Private life and right to information Article 10 – Private life and right to information
p.(None): 1 Everyone has the right to respect for private life in relation to information about his or her health.
p.(None): 2 Everyone is entitled to know any information collected about his or her health. However, the wishes of
p.(None): individuals not to be so informed shall b observed.
p.(None): 3 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2
p.(None): in the interests of the patient.
p.(None): Chapter IV – Human genome
p.(None): Article 11 – Non-discrimination
p.(None): Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited.
p.(None): Article 12 – Predictive genetic tests
p.(None): Tests which are predictive of genetic diseases or which serve either to identify the subject as a
p.(None): carrier of a gene responsible for a disease or t detect a genetic predisposition or susceptibility to a
p.(None): disease may be performed only for health purposes or for scientific research linked to health purposes, and subject to
p.(None): appropriate genetic counselling.
p.(None): Article 13 – Interventions on the human genome
p.(None): An intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or
p.(None): therapeutic purposes and only if it aim is not to introduce any modification in the genome of any descendants.
p.(None): Article 14 – Non-selection of sex
p.(None): The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future
p.(None): child's sex, except where seriou
p.(None):
p.(None): hereditary sex-related disease is to be avoided.
p.(None): Chapter V – Scientific research Article 15 – General rule
p.(None): Scientific research in the field of biology and medicine shall be carried out freely, subject to the provisions of this
p.(None): Convention and the other lega provisions ensuring the protection of the human being.
p.(None): Article 16 – Protection of persons undergoing research
p.(None): Research on a person may only be undertaken if all the following conditions are met:
p.(None): i there is no alternative of comparable effectiveness to research on humans;
p.(None): ii the risks which may be incurred by that person are not disproportionate to the potential benefits of the
p.(None): research;
p.(None): iii the research project has been approved by the competent body after independent examination of its scientific
p.(None): merit, including assessment o the importance of the aim of the research, and multidisciplinary review of its ethical
p.(None): acceptability;
p.(None): iv the persons undergoing research have been informed of their rights and the safeguards prescribed by law for
p.(None): their protection;
p.(None): v the necessary consent as provided for under Article 5 has been given expressly, specifically and
p.(None): is documented. Such consent may be freel withdrawn at any time.
p.(None): Article 17 – Protection of persons not able to consent to research
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.(None): rights and freedoms of others.
p.(None): 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.(None): 20 and 21.
p.(None): Article 27 – Wider protection
p.(None): None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.(None): Party to grant a wider measur of protection with regard to the application of biology and medicine than is stipulated
p.(None): in this Convention.
p.(None): Chapter X – Public debate
p.(None): Article 28 – Public debate
p.(None): Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.(None): biology and medicine are the subject o appropriate public discussion in the light, in particular, of relevant
p.(None): medical, social, economic, ethical and legal implications, and that their possibl application is made the subject of
p.(None): appropriate consultation.
p.(None): Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.(None): The European Court of Human Rights may give, without direct reference to any specific proceedings pending in a court,
p.(None): advisory opinions on lega questions concerning the interpretation of the present Convention at the request of:
p.(None): – the Government of a Party, after having informed the other Parties;
p.(None): – the Committee set up by Article 32, with membership restricted to the Representatives of the Parties to this
p.(None): Convention, by a decision adopted by a two-thirds majority of votes cast.
p.(None): Article 30 – Reports on the application of the Convention
p.(None): On receipt of a request from the Secretary General of the Council of Europe any Party shall furnish
p.(None): an explanation of the manner in which it internal law ensures the effective implementation of any of the
p.(None): provisions of the Convention.
p.(None): Chapter XII – Protocols
p.(None): Article 31 – Protocols
p.(None): Protocols may be concluded in pursuance of Article 32, with a view to developing, in specific fields, the principles
p.(None): contained in this Convention.
p.(None): The Protocols shall be open for signature by Signatories of the Convention. They shall be subject to ratification,
p.(None): acceptance or approval. A Signator may not ratify, accept or approve Protocols without previously or simultaneously
p.(None): ratifying accepting or approving the Convention.
p.(None):
p.(None):
p.(None): Chapter XIII – Amendments to the Convention Article 32 – Amendments to the Convention
p.(None): 1 The tasks assigned to "the Committee" in the present article and in Article 29 shall be carried out by the
p.(None): Steering Committee on Bioethics (CDBI), o by any other committee designated to do so by the Committee of Ministers.
p.(None): 2 Without prejudice to the specific provisions of Article 29, each member State of the Council of
p.(None): Europe, as well as each Party to the presen Convention which is not a member of the Council of Europe, may be
...
Social / Marital Status
Searching for indicator single:
(return to top)
p.(None): the Secretary General.
p.(None): Article 37 – Denunciation
p.(None): 1 Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General
p.(None): of the Council of Europe.
p.(None): 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of
p.(None): three months after the date of receip of the notification by the Secretary General.
p.(None): Article 38 – Notifications
p.(None): The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.(None): any Signatory, any Part and any other State which has been invited to accede to this Convention of:
p.(None): a any signature;
p.(None): b the deposit of any instrument of ratification, acceptance, approval or accession;
p.(None): c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.(None):
p.(None): d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an amendment or
p.(None): Protocol enters into force;
p.(None): e any declaration made under the provisions of Article 35;
p.(None): f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.(None): g any other act, notification or communication relating to this Convention.
p.(None):
p.(None): In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.(None): Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally
p.(None): authentic, in a single copy which shall b deposited in the archives of the Council of Europe. The Secretary
p.(None): General of the Council of Europe shall transmit certified copies to each membe State of the Council of Europe, to
p.(None): the European Community, to the non-member States which have participated in the elaboration of thi
p.(None): Convention, and to any State invited to accede to this Convention.
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.(None): Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on
p.(None): 10 December 1948; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4
p.(None): November 1950;
p.(None): Bearing in mind the European Social Charter of 18 October 1961;
p.(None): Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.(None): Social and Cultural Rights o 16 December 1966;
p.(None): Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
p.(None): of 28 January 1981; Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.(None): Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that
p.(None): one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and
p.(None): fundamental freedoms;
p.(None): Conscious of the accelerating developments in biology and medicine;
p.(None): Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.(None): recognising the importance o ensuring the dignity of the human being;
p.(None): Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.(None): entered into force on 1 December 2009. As consequence, as from that date, any reference to the European Economic
p.(None): Community shall be read as the European Union.
p.(None):
p.(None): Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.(None): Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.(None): Recognising the importance of promoting a public debate on the questions posed by the application of biology and
p.(None): medicine and the responses t be given thereto;
p.(None): Wishing to remind all members of society of their rights and responsibilities;
p.(None): Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the
p.(None): preparation of a convention on bioethics;
p.(None): Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights
p.(None): and freedoms of the individual wit regard to the application of biology and medicine,
p.(None): Have agreed as follows:
p.(None): Chapter I – General provisions
p.(None): Article 1 – Purpose and object
p.(None): Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.(None): everyone, without discrimination, respect fo their integrity and other rights and fundamental freedoms with regard
p.(None): to the application of biology and medicine.
p.(None): Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.
p.(None): Article 2 – Primacy of the human being
p.(None):
p.(None): The interests and welfare of the human being shall prevail over the sole interest of society or science.
p.(None): Article 3 – Equitable access to health care
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.(None): Article 3 – Equitable access to health care
p.(None): Parties, taking into account health needs and available resources, shall take appropriate measures with a view to
p.(None): providing, within their jurisdiction equitable access to health care of appropriate quality.
p.(None): Article 4 – Professional standards
p.(None): Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.(None): obligations and standards.
p.(None): Chapter II – Consent
p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
p.(None): The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.(None): proportion to his or her age and degree o maturity.
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
...
Social / embryo
Searching for indicator embryo:
(return to top)
p.(None): the following conditions are met:
p.(None): i the conditions laid down in Article 16, sub-paragraphs i to iv, are fulfilled;
p.(None): ii the results of the research have the potential to produce real and direct benefit to his or her health;
p.(None): iii research of comparable effectiveness cannot be carried out on individuals capable of giving consent; iv
p.(None): the necessary authorisation provided for under Article 6 has been given specifically and in writing; and v the
p.(None): person concerned does not object.
p.(None): 2 Exceptionally and under the protective conditions prescribed by law, where the research has not the potential
p.(None): to produce results of direct benefi to the health of the person concerned, such research may be authorised subject to
p.(None): the conditions laid down in paragraph 1, sub-paragraphs i, iii, i and v above, and to the following additional
p.(None): conditions:
p.(None): i the research has the aim of contributing, through significant improvement in the scientific understanding of the
p.(None): individual's condition, diseas or disorder, to the ultimate attainment of results capable of conferring benefit to the
p.(None): person concerned or to other persons in the same ag category or afflicted with the same disease or disorder or having the
p.(None): same condition;
p.(None): ii the research entails only minimal risk and minimal burden for the individual concerned.
p.(None): Article 18 – Research on embryos in vitro
p.(None): 1 Where the law allows research on embryos in vitro, it shall ensure adequate protection of the embryo.
p.(None): 2 The creation of human embryos for research purposes is prohibited.
p.(None): Chapter VI – Organ and tissue removal from living donors for transplantation purposes Article 19 – General rule
p.(None): 1 Removal of organs or tissue from a living person for transplantation purposes may be carried out solely for the
p.(None): therapeutic benefit of the recipien and where there is no suitable organ or tissue available from a deceased
p.(None): person and no other alternative therapeutic method of comparabl effectiveness.
p.(None): 2 The necessary consent as provided for under Article 5 must have been given expressly and specifically either in
p.(None): written form or before an officia body.
p.(None): Article 20 – Protection of persons not able to consent to organ removal
p.(None): 1 No organ or tissue removal may be carried out on a person who does not have the capacity to consent under
p.(None): Article 5.
p.(None): 2 Exceptionally and under the protective conditions prescribed by law, the removal of regenerative
p.(None): tissue from a person who does not have th capacity to consent may be authorised provided the following
p.(None): conditions are met:
p.(None): i there is no compatible donor available who has the capacity to consent;
p.(None): ii the recipient is a brother or sister of the donor;
...
Social / genetic heritage
Searching for indicator genetic heritage:
(return to top)
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
p.(None): Article 8 – EmergencyXsituation
p.(None): When because of an emergency situation the appropriate consent cannot be obtained, any medically
p.(None): necessary intervention may be carried ou immediately for the benefit of the health of the individual concerned.
p.(None): Article 9 – Previously expressed wishes
p.(None): The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the
p.(None): intervention, in a state to express hi or her wishes shall be taken into account.
p.(None): Chapter III – Private life and right to information Article 10 – Private life and right to information
p.(None): 1 Everyone has the right to respect for private life in relation to information about his or her health.
p.(None): 2 Everyone is entitled to know any information collected about his or her health. However, the wishes of
p.(None): individuals not to be so informed shall b observed.
p.(None): 3 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2
p.(None): in the interests of the patient.
p.(None): Chapter IV – Human genome
p.(None): Article 11 – Non-discrimination
p.(None): Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited.
p.(None): Article 12 – Predictive genetic tests
p.(None): Tests which are predictive of genetic diseases or which serve either to identify the subject as a
p.(None): carrier of a gene responsible for a disease or t detect a genetic predisposition or susceptibility to a
p.(None): disease may be performed only for health purposes or for scientific research linked to health purposes, and subject to
p.(None): appropriate genetic counselling.
p.(None): Article 13 – Interventions on the human genome
p.(None): An intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or
p.(None): therapeutic purposes and only if it aim is not to introduce any modification in the genome of any descendants.
p.(None): Article 14 – Non-selection of sex
p.(None): The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future
p.(None): child's sex, except where seriou
p.(None):
p.(None): hereditary sex-related disease is to be avoided.
p.(None): Chapter V – Scientific research Article 15 – General rule
p.(None): Scientific research in the field of biology and medicine shall be carried out freely, subject to the provisions of this
p.(None): Convention and the other lega provisions ensuring the protection of the human being.
p.(None): Article 16 – Protection of persons undergoing research
p.(None): Research on a person may only be undertaken if all the following conditions are met:
p.(None): i there is no alternative of comparable effectiveness to research on humans;
p.(None): ii the risks which may be incurred by that person are not disproportionate to the potential benefits of the
p.(None): research;
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.(None): Article 4 – Professional standards
p.(None): Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.(None): obligations and standards.
p.(None): Chapter II – Consent
p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
p.(None): The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.(None): proportion to his or her age and degree o maturity.
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
p.(None): Article 8 – EmergencyXsituation
p.(None): When because of an emergency situation the appropriate consent cannot be obtained, any medically
p.(None): necessary intervention may be carried ou immediately for the benefit of the health of the individual concerned.
p.(None): Article 9 – Previously expressed wishes
p.(None): The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the
p.(None): intervention, in a state to express hi or her wishes shall be taken into account.
p.(None): Chapter III – Private life and right to information Article 10 – Private life and right to information
p.(None): 1 Everyone has the right to respect for private life in relation to information about his or her health.
p.(None): 2 Everyone is entitled to know any information collected about his or her health. However, the wishes of
p.(None): individuals not to be so informed shall b observed.
p.(None): 3 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2
p.(None): in the interests of the patient.
p.(None): Chapter IV – Human genome
p.(None): Article 11 – Non-discrimination
p.(None): Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited.
p.(None): Article 12 – Predictive genetic tests
p.(None): Tests which are predictive of genetic diseases or which serve either to identify the subject as a
p.(None): carrier of a gene responsible for a disease or t detect a genetic predisposition or susceptibility to a
p.(None): disease may be performed only for health purposes or for scientific research linked to health purposes, and subject to
p.(None): appropriate genetic counselling.
p.(None): Article 13 – Interventions on the human genome
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None): providing, within their jurisdiction equitable access to health care of appropriate quality.
p.(None): Article 4 – Professional standards
p.(None): Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.(None): obligations and standards.
p.(None): Chapter II – Consent
p.(None): Article 5 – General rule
p.(None): An intervention in the health field may only be carried out after the person concerned has given free and informed
p.(None): consent to it.
p.(None): This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.(None): as on its consequences and risks.
p.(None): The person concerned may freely withdraw consent at any time.
p.(None): Article 6 – Protection of persons not able to consent
p.(None): 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.(None): capacity to consent, for his or he direct benefit.
p.(None): 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the
p.(None): intervention may only be carried out with th authorisation of his or her representative or an authority or a
p.(None): person or body provided for by law.
p.(None): The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.(None): proportion to his or her age and degree o maturity.
p.(None): 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.(None): disability, a disease or for simila reasons, the intervention may only be carried out with the authorisation of his or
p.(None): her representative or an authority or a person or body provided for by law.
p.(None): The individual concerned shall as far as possible take part in the authorisation procedure.
p.(None): 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be given,
p.(None): under the same conditions, th information referred to in Article 5.
p.(None): 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests of
p.(None): the person concerned.
p.(None): Article 7 – Protection of persons who have a mental disorder
p.(None): Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person who
p.(None): has a mental disorder of serious nature may be subjected, without his or her consent, to an intervention aimed at
p.(None): treating his or her mental disorder only where, withou such treatment, serious harm is likely to result to his or her
p.(None): health.
p.(None): Article 8 – EmergencyXsituation
p.(None): When because of an emergency situation the appropriate consent cannot be obtained, any medically
p.(None): necessary intervention may be carried ou immediately for the benefit of the health of the individual concerned.
p.(None): Article 9 – Previously expressed wishes
p.(None): The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the
p.(None): intervention, in a state to express hi or her wishes shall be taken into account.
p.(None): Chapter III – Private life and right to information Article 10 – Private life and right to information
p.(None): 1 Everyone has the right to respect for private life in relation to information about his or her health.
...
General/Other / oviedo
Searching for indicator oviedo:
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p.(None): Avenue de l'Europe
p.(None): F-67075 Strasbourg Cedex Tel. +33 (0)3 88 41 20 00
p.(None): www.coe.int
p.(None): Treaty Offi
p.(None):
p.(None): You are here: Conventions
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
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p.(None): European Treaty Series - No. 16
p.(None): Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.(None): and Medicine: Convention on Human Rights and Biomedicine *
p.(None): Oviedo, 4.IV.1997
p.(None):
p.(None):
p.(None):
p.(None): Preamble
p.(None): The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.(None): Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on
p.(None): 10 December 1948; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4
p.(None): November 1950;
p.(None): Bearing in mind the European Social Charter of 18 October 1961;
p.(None): Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.(None): Social and Cultural Rights o 16 December 1966;
p.(None): Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
p.(None): of 28 January 1981; Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.(None): Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that
p.(None): one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and
p.(None): fundamental freedoms;
p.(None): Conscious of the accelerating developments in biology and medicine;
p.(None): Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.(None): recognising the importance o ensuring the dignity of the human being;
p.(None): Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.(None):
p.(None):
p.(None):
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p.(None): addressed to the Secretary Genera of the Council of Europe. The withdrawal shall become effective on the
p.(None): first day of the month following the expiration of a period of one month after the date of its receipt by
p.(None): the Secretary General.
p.(None): Article 37 – Denunciation
p.(None): 1 Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General
p.(None): of the Council of Europe.
p.(None): 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of
p.(None): three months after the date of receip of the notification by the Secretary General.
p.(None): Article 38 – Notifications
p.(None): The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.(None): any Signatory, any Part and any other State which has been invited to accede to this Convention of:
p.(None): a any signature;
p.(None): b the deposit of any instrument of ratification, acceptance, approval or accession;
p.(None): c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.(None):
p.(None): d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an amendment or
p.(None): Protocol enters into force;
p.(None): e any declaration made under the provisions of Article 35;
p.(None): f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.(None): g any other act, notification or communication relating to this Convention.
p.(None):
p.(None): In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.(None): Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally
p.(None): authentic, in a single copy which shall b deposited in the archives of the Council of Europe. The Secretary
p.(None): General of the Council of Europe shall transmit certified copies to each membe State of the Council of Europe, to
p.(None): the European Community, to the non-member States which have participated in the elaboration of thi
p.(None): Convention, and to any State invited to accede to this Convention.
...
Orphaned Trigger Words
p.(None):
p.(None): hereditary sex-related disease is to be avoided.
p.(None): Chapter V – Scientific research Article 15 – General rule
p.(None): Scientific research in the field of biology and medicine shall be carried out freely, subject to the provisions of this
p.(None): Convention and the other lega provisions ensuring the protection of the human being.
p.(None): Article 16 – Protection of persons undergoing research
p.(None): Research on a person may only be undertaken if all the following conditions are met:
p.(None): i there is no alternative of comparable effectiveness to research on humans;
p.(None): ii the risks which may be incurred by that person are not disproportionate to the potential benefits of the
p.(None): research;
p.(None): iii the research project has been approved by the competent body after independent examination of its scientific
p.(None): merit, including assessment o the importance of the aim of the research, and multidisciplinary review of its ethical
p.(None): acceptability;
p.(None): iv the persons undergoing research have been informed of their rights and the safeguards prescribed by law for
p.(None): their protection;
p.(None): v the necessary consent as provided for under Article 5 has been given expressly, specifically and
p.(None): is documented. Such consent may be freel withdrawn at any time.
p.(None): Article 17 – Protection of persons not able to consent to research
p.(None): 1 Research on a person without the capacity to consent as stipulated in Article 5 may be undertaken only if all
p.(None): the following conditions are met:
p.(None): i the conditions laid down in Article 16, sub-paragraphs i to iv, are fulfilled;
p.(None): ii the results of the research have the potential to produce real and direct benefit to his or her health;
p.(None): iii research of comparable effectiveness cannot be carried out on individuals capable of giving consent; iv
p.(None): the necessary authorisation provided for under Article 6 has been given specifically and in writing; and v the
p.(None): person concerned does not object.
p.(None): 2 Exceptionally and under the protective conditions prescribed by law, where the research has not the potential
p.(None): to produce results of direct benefi to the health of the person concerned, such research may be authorised subject to
p.(None): the conditions laid down in paragraph 1, sub-paragraphs i, iii, i and v above, and to the following additional
p.(None): conditions:
p.(None): i the research has the aim of contributing, through significant improvement in the scientific understanding of the
p.(None): individual's condition, diseas or disorder, to the ultimate attainment of results capable of conferring benefit to the
p.(None): person concerned or to other persons in the same ag category or afflicted with the same disease or disorder or having the
p.(None): same condition;
p.(None): ii the research entails only minimal risk and minimal burden for the individual concerned.
p.(None): Article 18 – Research on embryos in vitro
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| authority | Relationship to Authority |
| child | Child |
| crime | Illegal Activity |
| disability | Mentally Disabled |
| embryo | embryo |
| emergency | Public Emergency |
| genetic heritage | genetic heritage |
| minor | Youth/Minors |
| opinion | philosophical differences/differences of opinion |
| oviedo | oviedo |
| party | political affiliation |
| political | political affiliation |
| restricted | Incarcerated |
| single | Marital Status |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| crime | ['unlawful'] |
| party | ['political'] |
| political | ['party'] |
| unlawful | ['crime'] |
Trigger Words
capacity
consent
cultural
developing
harm
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input