0A4F4F9BD490A749D5437F821CF06DF1
Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology of Cloning Human Beings (2003)
http://zakon.poslovna.hr/public/Konvencija-o-zastiti-ljudskih-prava-i-dostojanstva-ljudskog-bica-u-pogledu-primjene-biologije-i-medicine-u-vezi-presadivanja-organa-i-tkiva-ljudskog-porijekla/243337/zakoni.aspx
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Examining the file media/Synopses/3DDD7FC0D1FA321B64B822AFB61FD2FA.html:
This file was generated: 2020-07-14 08:13:42
| 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.000109: Article 22.
p.000109: DISPOSAL OF A REMOVED PART OF THE HUMAN BODY
p.000109: When in the course of an intervention any part of a human body is removed, it
p.000109: may be stored and used for a purpose other than that for which it was removed,
p.000109: only if this is done in conformity with appropriate information and consent
p.000109: procedures.
p.000109: Chapter VIII.
p.000109: INFRINGEMENTS OF THE PROVISIONS OF THE CONVENTION
p.000109: Article 23.
p.000109: INFRINGEMENT OF THE RIGHTS OR PRINCIPLES
p.000109: The Parties shall provide appropriate judicial protection to prevent or to put a
p.000109: stop to an unlawful violation of rights and principles set forth in this
p.000109: Convention at short notice.
p.000109: Article 24.
p.000109: COMPENSATION FOR UNDUE DAMAGE
p.000109: The person who has suffered undue damage resulting from an intervention is
p.000109: entitled to fair compensation according to the conditions and procedures
p.000109: prescribed by law.
p.000109: Article 25.
p.000109: SANCTIONS
p.000109: The Parties shall provide for appropriate sanctions to be applied in the event of
p.000109: a violation of the provisions contained in this Convention.
p.000109: Chapter IX.
p.000109: RELATION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26.
p.000109: RESTRICTIONS ON THE EXERCISE OF THE RIGHTS
p.000109: 1. No restrictions shall be placed on the exercise of the rights and protective
p.000109: provisions contained in this Convention
p.000109: law and are necessary in a democratic society in the interest of public safety, for
p.000109: the prevention of crime, the protection of public health or the protection of
p.000109: the rights and freedoms of others.
p.000109: 2. The restrictions contemplated in the preceding paragraph may not be placed
p.000109: on Articles 11., 13., 14., 16., 17., 19., 20. and 21.
p.000109: Article 27.
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be interpreted as limiting or
p.000109: otherwise affecting the possibility of a Party to grant a wider measure of
p.000109: protection with regard to the application of biology and medicine than is
p.000109: stipulated in this Convention.
p.000109: Chapter X.
p.000109: PUBLIC DEBATE
p.000109: Article 28.
p.000109: PUBLIC DEBATE
p.000109: The Parties to this Convention shall see to it that the fundamental questions are raised
p.000109: by the developments of biology and medicine are the subject of appropriate
p.000109: public discussion in the light, in particular, of relevant medical, social, economic,
p.000109: ethical and legal implications, and that their possible application is made the
p.000109: subject of appropriate consultation.
p.000109: Chapter XI.
p.000109: INTERPRETATION AND FOLLOW-UP OF THE CONVENTION
p.000109: Article 29.
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights may give without direct reference to any
p.000109: specific proceedings pending in a court, advisory opinions on legal issues
p.000109: regarding the interpretation of the present Convention at the request of:
p.000109: - the Government of a Party, after having informed the other Parties,
...
p.000109: Article 21
p.000109: MONEY PROFIT PROHIBITION
p.000109: The human body and its parts must not, as such, be a source of monetary gain.
p.000109: Article 22
p.000109: DISPOSAL OF THE TAKEN PART OF THE HUMAN BODY
p.000109: When a part of the human body is taken during an operation, it can
p.000109: store and use for a purpose different from that for which it was taken only when it is
p.000109: act in accordance with the appropriate information and consent procedure.
p.000109: VIII. Chapter
p.000109: VIOLATIONS OF THE CONVENTION
p.000109: Article 23
p.000109: VIOLATION OF RIGHTS OR PRINCIPLES
p.000109: The parties are required to provide adequate judicial protection in the short term in order
p.000109: prevent or stop unlawful infringement of the rights and principles set out in this
p.000109: Convention.
p.000109: Article 24
p.000109: EXTRAORDINARY DAMAGES
p.000109: A person who has suffered excessive damage resulting from an operation is entitled
p.000109: to just compensation under the terms and procedures prescribed by law.
p.000109: Article 25
p.000109: PUNISHMENTS
p.000109: The parties are required to prescribe the appropriate sanctions to be applied in the case
p.000109: violations of the provisions of this Convention.
p.000109: IX. Chapter
p.000109: CONNECTION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26
p.000109: LIMITATIONS ON USE OF RIGHTS
p.000109: 1. There shall be no restriction on the exercise of the rights and safeguards contained in
p.000109: to this Convention except those prescribed by law and which are necessary in a democratic manner
p.000109: society for the sake of public safety, crime prevention, public protection
p.000109: or to protect the rights and freedoms of others.
p.000109: 2. The restrictions provided for in the preceding paragraph may not apply to an article
p.000109: 11, 13, 14, 16, 17, 19, 20 and 21
p.000109: Article 27
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be construed as limiting or limiting
p.000109: otherwise it affects the possibility that the party recognizes broader protection in relation to
p.000109: applying biology and medicine than provided for in this Convention.
p.000109: Chapter X
p.000109: PUBLIC DISCUSSION
p.000109: Article 28
p.000109: PUBLIC DISCUSSION
p.000109: The Parties to this Convention must ensure that the essential questions arising from the
p.000109: the development of biology and medicine are subject to appropriate public debate,
p.000109: especially in the light of relevant medical, social, economic, ethical and
p.000109: legal implications, and making their possible application subject
p.000109: appropriate consultation.
p.000109: XI. Chapter
p.000109: INTERPRETATION AND MONITORING OF THE CONVENTION
p.000109: Article 29
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights can give, without directly referring to any
p.000109: special proceedings pending in court, advisory opinion on legal
p.000109: questions concerning the interpretation of this Convention upon request:
p.000109: - the governments of a party, after being notified to the other parties,
...
Searching for indicator unlawful:
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p.000109: removal of regenerative tissue from a person who does not have the capacity to
p.000109: The following conditions are met:
p.000109: i. there is no compatible donor available who has the capacity to consent,
p.000109: ii. the recipient is a brother or sister of the donor,
p.000109: iii. the donation must have the potential to be life-saving for the recipient,
p.000109: iv. the authorization provided for under paragraphs 2. and 3. of Article 6. has
p.000109: were given specifically and in writing, in accordance with the law and with the
p.000109: approval of the competent body,
p.000109: v. The potential donor concerned does not object.
p.000109: Chapter VII.
p.000109: PROHIBITION OF FINANCIAL GAIN AND DISPOSAL OF A PART OF THE
p.000109: HUMAN BODY
p.000109: Article 21.
p.000109: PROHIBITION OF FINANCIAL GAIN
p.000109: The human body and its parts should not, as such, give rise to financial gain.
p.000109: Article 22.
p.000109: DISPOSAL OF A REMOVED PART OF THE HUMAN BODY
p.000109: When in the course of an intervention any part of a human body is removed, it
p.000109: may be stored and used for a purpose other than that for which it was removed,
p.000109: only if this is done in conformity with appropriate information and consent
p.000109: procedures.
p.000109: Chapter VIII.
p.000109: INFRINGEMENTS OF THE PROVISIONS OF THE CONVENTION
p.000109: Article 23.
p.000109: INFRINGEMENT OF THE RIGHTS OR PRINCIPLES
p.000109: The Parties shall provide appropriate judicial protection to prevent or to put a
p.000109: stop to an unlawful violation of rights and principles set forth in this
p.000109: Convention at short notice.
p.000109: Article 24.
p.000109: COMPENSATION FOR UNDUE DAMAGE
p.000109: The person who has suffered undue damage resulting from an intervention is
p.000109: entitled to fair compensation according to the conditions and procedures
p.000109: prescribed by law.
p.000109: Article 25.
p.000109: SANCTIONS
p.000109: The Parties shall provide for appropriate sanctions to be applied in the event of
p.000109: a violation of the provisions contained in this Convention.
p.000109: Chapter IX.
p.000109: RELATION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26.
p.000109: RESTRICTIONS ON THE EXERCISE OF THE RIGHTS
p.000109: 1. No restrictions shall be placed on the exercise of the rights and protective
p.000109: provisions contained in this Convention
p.000109: law and are necessary in a democratic society in the interest of public safety, for
p.000109: the prevention of crime, the protection of public health or the protection of
p.000109: the rights and freedoms of others.
p.000109: 2. The restrictions contemplated in the preceding paragraph may not be placed
p.000109: on Articles 11., 13., 14., 16., 17., 19., 20. and 21.
p.000109: Article 27.
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be interpreted as limiting or
p.000109: otherwise affecting the possibility of a Party to grant a wider measure of
p.000109: protection with regard to the application of biology and medicine than is
...
p.000109: - compensation in case of undue damage resulting from the removal of organs
p.000109: or tissues from living persons.
p.000109: 2. Advertising the need for, or availability of, organs or tissues, with a view to
p.000109: offering or seeking financial gain or comparable advantage will be prohibited.
p.000109: Article 22.
p.000109: AUTHORITY AND TISSUE TRAFFICKING PROHIBITION
p.000109: Organ and tissue trafficking should be prohibited.
p.000109: Chapter VII.
p.000109: CONFIDENTIALITY
p.000109: Article 23.
p.000109: CONFIDENTIALITY
p.000109: 1. All personal data relating to the person from whom organs or tissues have
p.000109: have been removed and those related to the recipient should be considered to be
p.000109: confidential. Such data may only be collected, processed and communicated
p.000109: according to the rules regarding professional confidentiality and personal data
p.000109: protection.
p.000109: 2. The provisions of paragraph 1 shall be interpreted without prejudice to the latter
p.000109: provisions making possible, subject to appropriate safeguards, the collection,
p.000109: processing and communication of the necessary information about the person
p.000109: from which organs or tissues have been removed or the recipient (s) of organs
p.000109: and tissues in so far as this is required for medical purposes, including
p.000109: traceability, as provided for in Article 3 of this Protocol.
p.000109: Chapter VIII.
p.000109: INFRINGEMENTS OF THE PROVISIONS OF THE PROTOCOL
p.000109: Article 24.
p.000109: INFRINGEMENTS OF RIGHTS OR PRINCIPLES
p.000109: The Parties shall provide appropriate judicial protection to prevent or stop a stop
p.000109: an unlawful violation of the rights and principles set forth in this Protocol at
p.000109: short notice.
p.000109: Article 25.
p.000109: COMPENSATION FOR UNDUE DAMAGE
p.000109: The person who has suffered undue damage resulting from transplantation
p.000109: procedures are entitled to fair compensation according to the conditions and
p.000109: procedures prescribed by law.
p.000109: Article 26.
p.000109: SANCTIONS
p.000109: The Parties shall provide for appropriate sanctions to be applied in the event of
p.000109: a violation of the provisions contained in this Protocol.
p.000109: Chapter IX.
p.000109: CO-OPERATION BETWEEN PARTIES
p.000109: Article 27.
p.000109: CO-OPERATION BETWEEN PARTIES
p.000109: Parties shall take appropriate measures to ensure that there is efficient co-
p.000109: operation between them on organ and tissue transplantation, inter alia through
p.000109: information exchange.
p.000109: In particular, they will take appropriate measures to promote the rapid
p.000109: and safe transportation of organs and tissues to and from their territory.
p.000109: Chapter X.
p.000109: BETWEEN THIS PROTOCOL RELATION AND THE CONVENTION, AND RE-
p.000109: EXAMINATION OF THE PROTOCOL
p.000109: Article 28.
p.000109: RELATION BETWEEN THIS PROTOCOL AND THE CONVENTION
p.000109: As between the Parties, the provisions of Articles 1 to 27 of this Protocol shall
p.000109: be cited as additional articles on the Convention on Human Rights and
p.000109: Biomedicine, and all provisions of that Convention shall apply accordingly.
p.000109: Article 29.
p.000109: RE-EXAMINATION OF THE PROTOCOL
p.000109: In order to monitor scientific developments, the present Protocol shall be
p.000109: examined within the Committee referred to in Article 32 of the Convention on
p.000109: Human Rights and Biomedicine no later than five years from the entry into force
...
p.000109: 2. Exceptionally and under the conditions prescribed by law, taking regenerative tissue with
p.000109: A person who is incapable of giving consent can be approved after they have been filled
p.000109: the following conditions:
p.000109: i. no compatible provider capable of consent is available,
p.000109: ii. the recipient is the brother or sister of the donor,
p.000109: iii. the gift must have the purpose of saving the life of the recipient,
p.000109: iv. the approval provided for in Article 6, paragraphs 2 and 3, shall be given clearly and in writing
p.000109: in accordance with the law,
p.000109: v. the potential donor does not object.
p.000109: VII. Chapter
p.000109: PROHIBITION OF MONEY PROFITS AND DISPOSAL OF HUMAN PART
p.000109: BODIES
p.000109: Article 21
p.000109: MONEY PROFIT PROHIBITION
p.000109: The human body and its parts must not, as such, be a source of monetary gain.
p.000109: Article 22
p.000109: DISPOSAL OF THE TAKEN PART OF THE HUMAN BODY
p.000109: When a part of the human body is taken during an operation, it can
p.000109: store and use for a purpose different from that for which it was taken only when it is
p.000109: act in accordance with the appropriate information and consent procedure.
p.000109: VIII. Chapter
p.000109: VIOLATIONS OF THE CONVENTION
p.000109: Article 23
p.000109: VIOLATION OF RIGHTS OR PRINCIPLES
p.000109: The parties are required to provide adequate judicial protection in the short term in order
p.000109: prevent or stop unlawful infringement of the rights and principles set out in this
p.000109: Convention.
p.000109: Article 24
p.000109: EXTRAORDINARY DAMAGES
p.000109: A person who has suffered excessive damage resulting from an operation is entitled
p.000109: to just compensation under the terms and procedures prescribed by law.
p.000109: Article 25
p.000109: PUNISHMENTS
p.000109: The parties are required to prescribe the appropriate sanctions to be applied in the case
p.000109: violations of the provisions of this Convention.
p.000109: IX. Chapter
p.000109: CONNECTION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26
p.000109: LIMITATIONS ON USE OF RIGHTS
p.000109: 1. There shall be no restriction on the exercise of the rights and safeguards contained in
p.000109: to this Convention except those prescribed by law and which are necessary in a democratic manner
p.000109: society for the sake of public safety, crime prevention, public protection
p.000109: or to protect the rights and freedoms of others.
p.000109: 2. The restrictions provided for in the preceding paragraph may not apply to an article
p.000109: 11, 13, 14, 16, 17, 19, 20 and 21
p.000109: Article 27
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be construed as limiting or limiting
p.000109: otherwise it affects the possibility that the party recognizes broader protection in relation to
p.000109: applying biology and medicine than provided for in this Convention.
p.000109: Chapter X
p.000109: PUBLIC DISCUSSION
p.000109: Article 28
...
p.000109: justified costs caused by taking or related to necessary
p.000109: health checks,
p.000109: - payment of justified fees for necessary health or similar technical servants
p.000109: provided in connection with the transplant,
p.000109: - compensation in the event of excessive damage resulting from the taking of an organ or
p.000109: tissues from a living donor.
p.000109: 2. It is prohibited to advertise the needs or availability of a target organ or tissue
p.000109: offering or seeking monetary or similar profit.
p.000109: Article 22
p.000109: PROHIBITION OF TRADING OR TISSUES
p.000109: Organ and tissue trafficking is prohibited.
p.000109: VII. Chapter
p.000109: CONFIDENTIALITY
p.000109: Article 23
p.000109: CONFIDENTIALITY
p.000109: 1. All personal data relating to the donor and recipient person shall be considered
p.000109: confidential. Such data may only be collected, processed and communicated
p.000109: according to regulations regarding professional confidentiality and personal protection
p.000109: data.
p.000109: 2. The provision of paragraph 1 shall be interpreted without bias with respect to the provisions which
p.000109: allow, with the application of appropriate safeguards, to collect, process and
p.000109: communication of necessary notifications of organ or tissue donors or recipients
p.000109: if necessary for health purposes, including monitoring, how
p.000109: is provided for in Article 3 of this Protocol.
p.000109: VIII. Chapter
p.000109: INFRINGEMENT OF PROTOCOL PROVISIONS
p.000109: Article 24
p.000109: VIOLATIONS OF RIGHTS OR PRINCIPLES
p.000109: The parties are required to provide adequate judicial protection in the short term in order
p.000109: prevent or stop unlawful infringement of the rights and principles set out in this
p.000109: Protocol.
p.000109: Article 25
p.000109: EXTRAORDINARY DAMAGES
p.000109: A person who has suffered excessive damage resulting from the taking and
p.000109: the transplant is entitled to fair compensation under the terms and procedures
p.000109: prescribed by law.
p.000109: Article 26
p.000109: PUNISHMENTS
p.000109: The parties are required to prescribe the appropriate penalties to be applied in the case
p.000109: violations of the provisions of this Protocol.
p.000109: IX. Chapter
p.000109: COOPERATION OF THE PARTIES
p.000109: Article 27
p.000109: COOPERATION OF THE PARTIES
p.000109: The Parties shall take appropriate measures to ensure that they are effective
p.000109: mutual cooperation in transplantation of organs and tissues, inter alia through
p.000109: exchange of information.
p.000109: They will, in particular, take appropriate measures to facilitate rapid and safe operation
p.000109: transport of organs and tissues from or to their territory.
p.000109: Chapter X
p.000109: RELATIONSHIP OF PROTOCOLS AND CONVENTIONS AND REVIEW OF PROTOCOLS
p.000109: Article 28
p.000109: RELATIONSHIP OF PROTOCOL AND CONVENTION
p.000109: The Parties shall consider the provisions of Articles 1 to 27 of this Protocol additional
p.000109: Articles of the Convention on Human Rights and Biomedicine and all provisions
p.000109: Conventions should be applied accordingly.
p.000109: Article 29
p.000109: REVIEW OF THE PROTOCOL
p.000109: In order to monitor scientific developments, this Protocol will be reviewed by
p.000109: by the Committee referred to in Article 32 of the Convention on Human Rights and Biomedicine
p.000109: at the latest five years after the entry into force of the Protocol, and thereafter at
p.000109: at intervals determined by himself.
p.000109: XI. Chapter
p.000109: FINAL PROVISIONS
p.000109: Article 30
...
Political / political affiliation
Searching for indicator party:
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p.000109: Conscious of the accelerating developments in biology and medicine,
p.000109: Convinced of the need to respect the human being both as an individual and as
p.000109: a member of the human species and recognizing the importance of securing the
p.000109: the dignity of the human being,
p.000109: Conscious that the misuse of biology and medicine may lead to acts
p.000109: endangering human dignity,
p.000109: Affirming that progress in biology and medicine should be used for the benefit of
p.000109: present and future generations,
p.000109: Stressing the need for international co-operation so that all humanity may enjoy
p.000109: the benefits of biology and medicine,
p.000109: Recognising the importance of promoting a public debate on issues
p.000109: possession by the application of biology and medicine and the responses to be given
p.000109: thereto,
p.000109: Wishing to remind all members of society of their rights and responsibilities,
p.000109: Taking account of the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of a convention on bioethics,
p.000109: Resolving to take such measures as necessary to safeguard human dignity
p.000109: and the fundamental rights and freedoms of the individual with regard to the
p.000109: application of biology and medicine,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1.
p.000109: PURPOSE AND OBJECT
p.000109: The Parties to this Convention shall protect the dignity and identity of all human beings
p.000109: beings and guarantee everyone, without discrimination, respect for their integrity
p.000109: and other rights and fundamental freedoms with regard to the application of
p.000109: biology and medicine.
p.000109: Each Party shall take the necessary measures to give effect to its internal law
p.000109: the provisions of this Convention.
p.000109: Article 2.
p.000109: PRIMACY OF THE HUMAN BEING
p.000109: The interests and welfare of the human being will prevail over the sole interest
p.000109: of society or science.
p.000109: Article 3.
p.000109: EQUITABLE ACCESS TO HEALTH CARE
p.000109: Parties taking into account health needs and available resources shall take
p.000109: appropriate measures with a view to providing, within their jurisdiction, equitable
p.000109: access to health care of appropriate quality.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the health field, including research, must be carried out in
p.000109: compliance with relevant professional obligations and standards.
p.000109: Chapter II.
p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
...
p.000109: The Parties shall provide appropriate judicial protection to prevent or to put a
p.000109: stop to an unlawful violation of rights and principles set forth in this
p.000109: Convention at short notice.
p.000109: Article 24.
p.000109: COMPENSATION FOR UNDUE DAMAGE
p.000109: The person who has suffered undue damage resulting from an intervention is
p.000109: entitled to fair compensation according to the conditions and procedures
p.000109: prescribed by law.
p.000109: Article 25.
p.000109: SANCTIONS
p.000109: The Parties shall provide for appropriate sanctions to be applied in the event of
p.000109: a violation of the provisions contained in this Convention.
p.000109: Chapter IX.
p.000109: RELATION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26.
p.000109: RESTRICTIONS ON THE EXERCISE OF THE RIGHTS
p.000109: 1. No restrictions shall be placed on the exercise of the rights and protective
p.000109: provisions contained in this Convention
p.000109: law and are necessary in a democratic society in the interest of public safety, for
p.000109: the prevention of crime, the protection of public health or the protection of
p.000109: the rights and freedoms of others.
p.000109: 2. The restrictions contemplated in the preceding paragraph may not be placed
p.000109: on Articles 11., 13., 14., 16., 17., 19., 20. and 21.
p.000109: Article 27.
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be interpreted as limiting or
p.000109: otherwise affecting the possibility of a Party to grant a wider measure of
p.000109: protection with regard to the application of biology and medicine than is
p.000109: stipulated in this Convention.
p.000109: Chapter X.
p.000109: PUBLIC DEBATE
p.000109: Article 28.
p.000109: PUBLIC DEBATE
p.000109: The Parties to this Convention shall see to it that the fundamental questions are raised
p.000109: by the developments of biology and medicine are the subject of appropriate
p.000109: public discussion in the light, in particular, of relevant medical, social, economic,
p.000109: ethical and legal implications, and that their possible application is made the
p.000109: subject of appropriate consultation.
p.000109: Chapter XI.
p.000109: INTERPRETATION AND FOLLOW-UP OF THE CONVENTION
p.000109: Article 29.
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights may give without direct reference to any
p.000109: specific proceedings pending in a court, advisory opinions on legal issues
p.000109: regarding the interpretation of the present Convention at the request of:
p.000109: - the Government of a Party, after having informed the other Parties,
p.000109: - the Committee set up by Article 32, with membership restricted to the
p.000109: Representatives of the Parties to this Convention, by a decision adopted by a
p.000109: two-thirds majority of votes cast.
p.000109: Article 30.
p.000109: REPORTS ON THE APPLICATION OF THE CONVENTION
p.000109: On receipt of a request from the Secretary General of the Council of Europe any
p.000109: The party shall furnish an explanation of the manner in which its internal law provides
p.000109: the effective implementation of any of the provisions of the Convention.
p.000109: Chapter XII.
p.000109: PROTOCOLS
p.000109: Article 31.
p.000109: PROTOCOLS
p.000109: Protocols may be concluded in pursuit of Article 32, with a view to
p.000109: developing, in specific fields, the principles contained in this Convention.
p.000109: The Protocols shall be open for signature by the Signatories of the Convention.
p.000109: They shall be subject to ratification, acceptance or approval. A Signatory may
p.000109: not ratify, accept or approve Protocols without previously or simultaneously
p.000109: ratifying accepting or approving the Convention.
p.000109: Chapter XIII.
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: Article 32.
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: 1. The tasks assigned to the Committee in the present article and in
p.000109: Article 29 shall be carried out by the Steering Committee on Bioethics (CDBI),
p.000109: or by any other committee designated to do so by the Committee of Ministers.
p.000109: 2. Without prejudice to the specific provisions of Article 29, each Member State
p.000109: of the Council of Europe, as well as each Party to the present Convention which
p.000109: is not a member of the Council of Europe, may be represented and have one
p.000109: vote in the Committee when the Committee carries out the tasks assigned to it
p.000109: by the present Convention.
p.000109: 3. Any State referred to in Article 33. or invited to accede to the Convention in
p.000109: Article 34. which is not a Party to this
p.000109: Convention may be represented on the Committee by an observer. If the
p.000109: The European Community is not a party it may be represented on the Committee by
p.000109: an observer.
p.000109: 4. In order to monitor scientific developments, the present Convention shall be
p.000109: examined within the Committee no later than five years from its entry into force
p.000109: and thereafter at such intervals as the Committee may determine.
p.000109: 5. Any proposal for an amendment to this Convention, and any proposal for a
p.000109: Protocol or amendment to a Protocol presented by a Party, the
p.000109: The Committee of Ministers shall be communicated to the Committee
p.000109: Secretary General of the Council of Europe and forwarded by him to the member
p.000109: States of the Council of Europe, to the European Community, to any Signatory,
p.000109: to any Party, to any State invited to sign this Convention in accordance with the
p.000109: provisions of Article 33. and to any State invited to accede to it
p.000109: with the provisions of Article 34.
p.000109: 6. The Committee shall examine the proposal not earlier than two months after it
p.000109: has been advanced by the Secretary General in accordance with paragraph 5.
p.000109: The Committee shall submit the text adopted by a two-thirds majority
p.000109: votes cast to the Committee of Ministers for approval. After its approval, this text
p.000109: shall be forwarded to the Parties for ratification, acceptance or approval.
p.000109: 7. Any amendment shall enter into force, in respect of those Parties which they have
p.000109: accepted it, on the first day of the month following the expiration of a period of
p.000109: one month after the date on which the five Parties, including at least four members
p.000109: States of the Council of Europe, have informed the Secretary General that they
p.000109: have accepted it.
p.000109: In respect of any Party which accepts it, the amendment shall
p.000109: enter into force on the first day of the month following the expiration of a period
p.000109: of one month after the date on which the Party has informed the Secretary
p.000109: General of its acceptance.
p.000109: Chapter XIV.
p.000109: FINAL CLAUSES
p.000109: Article 33.
p.000109: SIGNATURE, RATIFICATION AND ENTRY INTO FORCE
p.000109: 1. This Convention shall be open for signature by the Member States of the Member States
p.000109: The Council of Europe, the non-member States which have their membership
p.000109: elaboration and by the European Community.
p.000109: 2. This Convention is subject to ratification, acceptance or approval. Instruments
p.000109: of ratification, acceptance or approval shall be deposited with the Secretary
p.000109: General of the Council of Europe.
p.000109: 3. This Convention shall enter into force on the first day of the month following
p.000109: the expiration of a period of three months after the date on which five States,
p.000109: including at least four member states of the Council of Europe, have expressed
p.000109: their consent to be bound by the Convention in accordance with the provisions
p.000109: of paragraph 2. of the present article.
p.000109: 4. In respect of any Signatory which expresses its consent to be
p.000109: bound by it, the Convention shall enter into force on the first day of the month
p.000109: following the expiration of a period of three months after the date of the deposit
p.000109: of its instrument of ratification, acceptance or approval.
p.000109: Article 34.
p.000109: NON-MEMBER STATES
p.000109: 1. After the entry into force of this Convention, the Committee of Ministers of the
p.000109: The Council of Europe may invite any non-member, after consultation of the Parties
p.000109: The State of the Council of Europe accedes to this Convention by a decision taken
p.000109: by the majority provided for in Article 20, paragraph d, of the Statute of the
p.000109: Council of Europe, and by the unanimous vote of the representatives of the
p.000109: Contracting States entitled to sit on the Committee of Ministers.
p.000109: 2. In respect of any acceding State, the Convention shall enter into force on the
p.000109: the first day of the month following the expiration of a period of three months after
p.000109: the date of deposit of the instrument of accession with the Secretary General of
p.000109: the Council of Europe.
p.000109: Article 35.
p.000109: TERRITORIES
p.000109: 1. Any Signatory may, at the time of signature or when depositing its instrument
p.000109: of ratification, acceptance or approval, specify the territory or territories to which
p.000109: this Convention shall apply. Any other State may formulate the same declaration
p.000109: when depositing its instrument of accession.
p.000109: 2. Any Party may, at any later date, by a declaration addressed to the Secretary
p.000109: General of the Council of Europe, extend the application of this Convention to
p.000109: any other territory specified in the declaration and for whose international law
p.000109: relations it is responsible or whose name it is authorized to give
p.000109: undertakings. In respect of such territories, the Convention shall enter into force on
p.000109: the first day of the month following the expiration of a period of three months
p.000109: after the date of receipt of such declaration by the Secretary General.
p.000109: 3. Any declaration made under the two preceding paragraphs may, in respect of
p.000109: any territory specified in such declaration, be withdrawn by a notification
p.000109: addressed to the Secretary General. The withdrawal will become effective on
p.000109: the first day of the month following the expiration of a period of three months
p.000109: after the date of receipt of such notification by the Secretary General.
p.000109: Article 36.
p.000109: RESERVATIONS
p.000109: 1. Any State and the European Community may, when signing this Convention
p.000109: or when depositing the instrument of ratification, acceptance, approval or
p.000109: accession, make a reservation in respect of any particular provision of the
p.000109: Convention to the extent that any law then in force in its territory is not in
p.000109: compliance with the provision. Reservations of a general character shall not be
p.000109: allowed under this article.
p.000109: 2. Any reservation made under this article shall contain a brief statement of the
p.000109: relevant law.
p.000109: 3. Any Party which extends the application of this Convention to a territory
p.000109: mentioned in the declaration referred to in Article 35, paragraph 2, may, in
p.000109: respect of the territory concerned, make a reservation in accordance with the
p.000109: provisions of the preceding provisions.
p.000109: 4. Any Party that has made the reservation mentioned in this article may
p.000109: withdrawal by means of a declaration addressed to the Secretary General
p.000109: Council of Europe. The withdrawal will become effective on the first day of the
p.000109: month following the expiration of a period of one month after the date of its
p.000109: receipt by the Secretary General.
p.000109: Article 37.
p.000109: DENUNCIATION
p.000109: 1. Any Party may at any time denounce this Convention by the means of a
p.000109: notification addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: the notification by the Secretary General.
p.000109: Article 38.
p.000109: NOTIFICATIONS
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council, the European Community, any Signatory, any Party and any
p.000109: other State which has been invited to accede to this Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Convention in accordance with Article 33.
p.000109: or 34.,
p.000109: d. any amendment or protocol adopted in accordance with Article 32., and the
p.000109: date on which such an amendment or protocol enters into force,
p.000109: e. any declaration made under the provisions of Article 35,
p.000109: f. any reservation and withdrawal of reservation made in pursuance of the
p.000109: the provisions of Article 36,
p.000109: Mr Rücker any other act, notification or communication relating to this Convention.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Convention.
p.000109: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the European Community, to the non-member States which have
p.000109: involved in the elaboration of this Convention, and any State invited to it
p.000109: accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO
p.000109: THE CONVENTION FOR THE
p.000109: PROTECTION OF HUMAN
p.000109: RIGHTS AND DIGNITY OF
p.000109: THE HUMAN BEING WITH
p.000109: REGARD TO THE
p.000109: APPLICATION OF BIOLOGY
p.000109: AND MEDICINE, ON THE
p.000109: PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
...
p.000109: Article 4.
p.000109: This Protocol shall be open for signature by the Signatories to the Convention. It is
p.000109: subject to ratification, acceptance or approval. A Signatory may not ratify, accept
p.000109: or approve this Protocol unless it has been previously or simultaneously ratified,
p.000109: accepted or approved the Convention. Instruments of ratification, acceptance or
p.000109: approval shall be deposited with the Secretary General of the Council of Europe.
p.000109: Article 5.
p.000109: 1. This Protocol shall enter into force on the first day of the month following the following
p.000109: expiration of a period of three months after the date on which five States,
p.000109: including at least four member states of the Council of Europe, have expressed
p.000109: their consent to be bound by the Protocol in accordance with the provisions of
p.000109: Article 4.
p.000109: 2. In respect of any Signatory which expresses its consent to be
p.000109: bound by it, the Protocol shall enter into force on the first day of the month
p.000109: following the expiration of a period of three months after the date of the deposit
p.000109: of the instrument of ratification, acceptance or approval.
p.000109: Article 6.
p.000109: 1. After the entry into force of this Protocol, any State which has acceded to the
p.000109: The Convention may also accede to this Protocol.
p.000109: 2. The Accession shall be effected by the deposit with the Secretary General
p.000109: The Council of Europe of an instrument of accession which shall take effect on the
p.000109: the first day of the month following the expiration of a period of three months after
p.000109: the date of its deposit.
p.000109: Article 7.
p.000109: 1. Any Party may at any time deny this Protocol by means of notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: such notification by the Secretary General.
p.000109: Article 8.
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council of Europe, the European Community, any Signatory, any Party
p.000109: and any other State which has been invited to accede to the Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Articles 5. and
p.000109: 6.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Protocol.
p.000109: Done at Paris, this twelfth day of January 1998, in English and in French, both
p.000109: texts being equally authentic, in a single copy to be deposited in the
p.000109: Council of Europe archives. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION ON HUMAN RIGHTS AND
p.000109: BIOMEDICINE CONCERNING TRANSPLANTATION OF ORGANS AND
p.000109: TISSUES OF HUMAN ORIGIN
p.000109: PREAMBLE
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community signatories to this Additional Protocol to the Convention
p.000109: Protection of Human Rights and the Dignity of the Human Being with regard to the
p.000109: Application of Biology and Medicine (hereinafter referred to as “Convention on
p.000109: Human Rights and Biomedicine ”),
p.000109: Considering that the aim of the Council of Europe is the achievement of greater
p.000109: unity between its members and that one of the methods by which this aim is
...
p.000109: subject to ratification, acceptance or approval. A Signatory may not ratify, accept
p.000109: or approve this Protocol unless it has been previously or simultaneously ratified,
p.000109: accepted or approved the Convention. Instruments of ratification, acceptance or
p.000109: approval shall be deposited with the Secretary General of the Council of Europe.
p.000109: Article 31.
p.000109: ENTRY INTO FORCE
p.000109: 1. This Protocol shall enter into force on the first day of the month following the following
p.000109: expiration of a period of three months after the date on which five States,
p.000109: including at least four member states of the Council of Europe, have expressed
p.000109: their consent to be bound by the Protocol in accordance with the provisions of
p.000109: Article 30.
p.000109: 2. In respect of any Signatory which expresses its consent to be
p.000109: bound by it, the Protocol shall enter into force on the first day of the month
p.000109: following the expiration of a period of three months after the date of the deposit
p.000109: of the instrument of ratification, acceptance or approval.
p.000109: Article 32.
p.000109: ACCESSION
p.000109: 1. After the entry into force of this Protocol, any State which has acceded to the
p.000109: The Convention may also accede to this Protocol.
p.000109: 2. The Accession shall be effected by the deposit with the Secretary General
p.000109: The Council of Europe of an instrument of accession which shall take effect on the
p.000109: the first day of the month following the expiration of a period of three months after
p.000109: the date of its deposit.
p.000109: Article 33.
p.000109: DENUNCIATION
p.000109: 1. Any Party may at any time deny this Protocol by means of notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: such notification by the Secretary General.
p.000109: Article 34.
p.000109: NOTIFICATION
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council of Europe, the European Community, any Signatory, any Party
p.000109: and any other State which has been invited to accede to the Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31.
p.000109: and 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Protocol.
p.000109: Done at Strasbourg, this 24th day of January 2002, in English and in French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND
p.000109: Dignity of the human
p.000109: IT WILL BE IN VIEW OF APPLICATION
p.000109: BIOLOGY AND MEDICINE:
p.000109: THE HUMAN CONVENTION
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: Council of Europe member states, other countries and the European Community, which are
p.000109: signatories to this Convention,
p.000109: Bearing in mind the Universal Declaration of Human Rights, promulgated by the Universal Declaration of Human Rights
p.000109: United Nations Assembly on December 10, 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of
...
p.000109: Aware of the rapid evolution of biology and medicine,
p.000109: Convinced of the need to respect the human being as an individual and as a member
p.000109: of the human species, and recognizing the importance of ensuring the dignity of the human being,
p.000109: Aware that the misuse of biology and medicine can lead to an act that
p.000109: endanger human dignity,
p.000109: Affirming that advances in biology and medicine should be used for good
p.000109: present and future generations,
p.000109: Emphasizing the need for international cooperation so that the whole
p.000109: humanity can enjoy the benefits of biology and medicine,
p.000109: Recognizing the importance of promoting public debate on the issues it raises
p.000109: the application of biology and medicine and the answers that should be given to them,
p.000109: Desiring to remind all members of society of their rights and obligations,
p.000109: Having regard to the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of the Convention on Bioethics,
p.000109: Deciding to take such measures as may be necessary to protect the human
p.000109: the dignity and fundamental rights and freedoms of the individual with regard to the application of biology and
p.000109: medicine,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1
p.000109: PURPOSE AND SUBJECT MATTER
p.000109: The Parties to this Convention protect the dignity and identity of all human beings and guarantee it
p.000109: everyone, without discrimination, respect for their integrity and other rights and
p.000109: fundamental freedoms regarding the application of biology and medicine.
p.000109: Each Party shall take the necessary implementing measures in its internal law
p.000109: the provisions of this Convention.
p.000109: Article 2
p.000109: PRIMATE HUMAN BEING
p.000109: The interests and well-being of the human being take precedence over the self-interest of society or
p.000109: science.
p.000109: Article 3
p.000109: RIGHT TO ACCESS TO HEALTH CARE
p.000109: The parties, taking into account the health needs and the resources available, take action
p.000109: appropriate measures to ensure equitable treatment within the area of their competence
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
...
p.000109: VIOLATION OF RIGHTS OR PRINCIPLES
p.000109: The parties are required to provide adequate judicial protection in the short term in order
p.000109: prevent or stop unlawful infringement of the rights and principles set out in this
p.000109: Convention.
p.000109: Article 24
p.000109: EXTRAORDINARY DAMAGES
p.000109: A person who has suffered excessive damage resulting from an operation is entitled
p.000109: to just compensation under the terms and procedures prescribed by law.
p.000109: Article 25
p.000109: PUNISHMENTS
p.000109: The parties are required to prescribe the appropriate sanctions to be applied in the case
p.000109: violations of the provisions of this Convention.
p.000109: IX. Chapter
p.000109: CONNECTION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
p.000109: Article 26
p.000109: LIMITATIONS ON USE OF RIGHTS
p.000109: 1. There shall be no restriction on the exercise of the rights and safeguards contained in
p.000109: to this Convention except those prescribed by law and which are necessary in a democratic manner
p.000109: society for the sake of public safety, crime prevention, public protection
p.000109: or to protect the rights and freedoms of others.
p.000109: 2. The restrictions provided for in the preceding paragraph may not apply to an article
p.000109: 11, 13, 14, 16, 17, 19, 20 and 21
p.000109: Article 27
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be construed as limiting or limiting
p.000109: otherwise it affects the possibility that the party recognizes broader protection in relation to
p.000109: applying biology and medicine than provided for in this Convention.
p.000109: Chapter X
p.000109: PUBLIC DISCUSSION
p.000109: Article 28
p.000109: PUBLIC DISCUSSION
p.000109: The Parties to this Convention must ensure that the essential questions arising from the
p.000109: the development of biology and medicine are subject to appropriate public debate,
p.000109: especially in the light of relevant medical, social, economic, ethical and
p.000109: legal implications, and making their possible application subject
p.000109: appropriate consultation.
p.000109: XI. Chapter
p.000109: INTERPRETATION AND MONITORING OF THE CONVENTION
p.000109: Article 29
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights can give, without directly referring to any
p.000109: special proceedings pending in court, advisory opinion on legal
p.000109: questions concerning the interpretation of this Convention upon request:
p.000109: - the governments of a party, after being notified to the other parties,
p.000109: - a committee set up under Article 32, with membership limited to
p.000109: representatives of the Parties to the Convention, on the basis of a decision to be taken
p.000109: by a two-thirds majority of the votes cast.
p.000109: Article 30
p.000109: CONVENTION APPLICATION REPORTS
p.000109: Upon receipt of a request from the Secretary General of the Council of Europe, each Party shall be bound
p.000109: provide an explanation of how its internal law provides real
p.000109: application of any provision of the Convention.
p.000109: XII. Chapter
p.000109: PROTOCOLS
p.000109: Article 31
p.000109: PROTOCOLS
p.000109: Protocols may be concluded, in accordance with Article 32, for the purpose of elaboration on particulars
p.000109: areas, the principles enshrined in this Convention.
p.000109: The Protocols are open for signature by the signatories to the Convention. They are submissive
p.000109: ratification, acceptance or approval. A signatory may not ratify, accept or
p.000109: approve protocols without first or simultaneously ratifying, accepting or
p.000109: approval of the Convention.
p.000109: XIII. Chapter
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: Article 32
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: 1. The tasks assigned to the Committee referred to in this Article and Article 29 shall be carried out by the Administrative Board
p.000109: the Bioethics Committee (CDBI), or any other committee designated by the Committee of Ministers.
p.000109: 2. Without prejudice to the specific provisions of Article 29, each Member State
p.000109: The Council of Europe, as well as any Party to this Convention which is not a member of the Council
p.000109: Europe, may be represented and have one vote in the Committee, when the Committee is in office
p.000109: the tasks assigned to it by this Convention.
p.000109: 3. Any State referred to in Article 33 or invited to accede
p.000109: To the Convention in accordance with the provisions of Article 34, which is not a party to the Convention,
p.000109: may be represented on the Board by an observer. If the European Community is not a party,
p.000109: it may be represented by an observer on the Committee.
p.000109: 4. For the purpose of monitoring scientific development, this Convention should be reviewed
p.000109: The Committee shall, not later than five years after its entry into force, and thereafter
p.000109: at intervals determined by himself.
p.000109: 5. Any proposal for an amendment to the Convention and any proposal for a protocol or amendment
p.000109: protocols submitted by a Party, the Committee or the Committee of Ministers shall be communicated to the Chief
p.000109: the Secretary of the Council of Europe, the European Community, each signatory, each party,
p.000109: to any State called upon to sign this Convention in accordance with the provisions
p.000109: Article 33 and any State called upon to accede to it in accordance with the provisions
p.000109: Article 34
p.000109: 6. The Committee shall examine the proposal at the earliest two months after its adoption by the Secretary-General
p.000109: submitted in accordance with Rule 5. The Committee shall submit the text adopted by a two-thirds majority
p.000109: by a majority of votes cast to the Committee of Ministers for approval. Once approved, this
p.000109: it shall forward the text to the Parties for ratification, acceptance or approval.
p.000109: 7. Any amendment, in respect of the parties that have accepted the amendment, shall take effect
p.000109: the force on the first day of that month following the expiration of the month
p.000109: days after the date when five parties, including at least four States
p.000109: Council of Europe members, informed the Secretary-General that they had accepted it.
p.000109: For parties that subsequently accept them, the amendments will take effect on the first day
p.000109: of the month following the expiration of a month after the date on which
p.000109: that Party informed the Secretary-General of its acceptance.
p.000109: XIV. CHAPTER
p.000109: FINAL PROVISIONS
p.000109: Article 33
p.000109: SIGNATURE, RATIFICATION AND ENTRY INTO FORCE
p.000109: 1. The Convention is open for signature by the member States of the Council of Europe,
p.000109: non-member countries which participated in its elaboration and European
p.000109: community.
p.000109: 2. The Convention shall be subject to ratification, acceptance or approval. Instruments of ratification,
p.000109: acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
p.000109: 3. The Convention shall enter into force on the first day of the month following its expiration
p.000109: a three-month period following the date when five States, including at least
p.000109: four member states of the Council of Europe stated that they agreed to be bound by the Convention
p.000109: in accordance with the provisions of paragraph 2 of this Article.
p.000109: 4. For any signatory which subsequently agrees to be bound by the Convention, it
p.000109: shall take effect on the first day of the month following the expiration of a quarterly period
p.000109: the period after the date of deposit of the instrument of ratification, acceptance or approval.
p.000109: Article 34
p.000109: NON - MEMBER STATES
p.000109: 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may,
p.000109: after consulting the parties, invite any non-member country
p.000109: The Council of Europe to accede to this Convention on the basis of a decision taken by the majority
p.000109: provided for in Article 20 (d) of the Statue of the Council of Europe and unanimously
p.000109: by the vote of the representatives of the Contracting States who are authorized to sit at
p.000109: Committee of Ministers.
p.000109: 2. For a State which accedes to the Convention, it shall enter into force on the first day of that Convention
p.000109: of the month following the expiration of a period of three months after the date
p.000109: the deposit of an instrument of accession with the Secretary General of the Council of Europe.
p.000109: Article 35
p.000109: TERRITORIES
p.000109: 1. Each Signatory may, at the time of signature or when depositing its instrument of o
p.000109: ratification, acceptance or approval, specify the territory or territories to which it will be subject
p.000109: to apply the Convention. Any other State may make the same statement on occasion
p.000109: depositing his instrument of accession.
p.000109: 2. Each Party may subsequently at any time, by a declaration addressed to it
p.000109: To the Secretary General of the Council of Europe, extend the application of the Convention to any other
p.000109: the territory specified in the statement for whose international relations it is responsible or in whose
p.000109: name authorized to commit. In respect of such territory the Convention shall
p.000109: shall take effect on the first day of the month following the expiration of a period of three months
p.000109: months after the date of receipt of such declaration by the Secretary-General.
p.000109: 3. Any statement made under the two preceding paragraphs may, in respect of
p.000109: withdraw any terrorium referred to in such statement by means of a notice addressed to the Chief
p.000109: to the secretary. The withdrawal shall take effect on the first day of the month following the expiration of that month
p.000109: a period of three months after the date of receipt of such by the Secretary General
p.000109: notice.
p.000109: Article 36
p.000109: RESERVES
p.000109: 1. Any State and the European Community may, at the time of signature of the Convention or
p.000109: to deposit a reservation on ratification, acceptance, approval or accession,
p.000109: with respect to a particular provision of the Convention, to the extent that a law is in force at
p.000109: its territory does not comply with that provision. Based on this article no
p.000109: reserves of a general nature are permitted.
p.000109: 2. Each reservation made under this article shall contain a brief
p.000109: a statement of the relevant law.
p.000109: 3. Any Party extending the application of the Convention to the territory specified in the declaration
p.000109: under Article 35 (2), may reserve a reservation in respect of that territory
p.000109: in accordance with the provisions of the preceding paragraphs.
p.000109: 4. Any party which has made the reservation mentioned in this article may
p.000109: withdraw with a statement addressed to the Secretary General of the Council of Europe. Withdrawal begins at
p.000109: the strength of the first day of the month following the expiration of a month
p.000109: after the date of receipt by the Secretary-General of the withdrawal statement.
p.000109: Article 37
p.000109: CANCELLATION
p.000109: 1. Any Party may, at any time, denounce this Convention by means of a notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such cancellation shall take effect on the first day of the month following
p.000109: the expiry of a period of three months after the date of receipt of such by the Secretary General
p.000109: notice.
p.000109: Article 38
p.000109: NOTICE
p.000109: The Secretary General of the Council of Europe shall inform the member States of the Council of Europe
p.000109: community, every signatory, every party and every other state that is
p.000109: invited to accede to the Convention on:
p.000109: a) any signature,
p.000109: b) the deposit of an instrument of ratification, acceptance, approval or accession,
p.000109: c any date of entry into force of the Convention in accordance with Article 33 or
p.000109: 34.,
p.000109: d) any amendment or protocol adopted in accordance with Article 32 and the date when
p.000109: such amendment or protocol shall enter into force,
p.000109: e any statement made under the provisions of Article 35;
p.000109: f) any reservation and withdrawal of a reservation made in accordance with the provisions of Article 36;
p.000109: g) any other act, notification or communication relating to the Convention.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Convention.
p.000109: Done at Oviedo (Asturias) on 4 April 1997, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified transcripts of each Member State of the Council of Europe, the European Community,
p.000109: to the non-member States which have participated in the elaboration of this Convention and to each
p.000109: a State invited to accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION
p.000109: ON THE PROTECTION OF HUMAN RIGHTS
p.000109: AND THE DIGNITIES OF THE HUMAN BEING
p.000109: IN VIEW OF APPLIED BIOLOGY
p.000109: AND MEDICINES FOR THE PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
p.000109: Council of Europe member states, other states and the European Community, signatories
...
p.000109: Article 3
p.000109: The Parties consider the provisions of Articles 1 and 2 of this Protocol additional articles
p.000109: Of the Convention, and all the provisions of the Convention shall apply accordingly.
p.000109: Article 4
p.000109: This Protocol shall be open for signature by the signatories to the Convention. The same is subject
p.000109: ratification, acceptance or approval. A signatory may not ratify, accept or
p.000109: to approve this Protocol if it has not, at the same time or at the same time ratified, accepted or
p.000109: approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Code
p.000109: Secretary General of the Council of Europe.
p.000109: Article 5
p.000109: 1. The Protocol shall enter into force on the first day of the month following its expiration
p.000109: a three-month period following the date when five States, including at least
p.000109: four member states of the Council of Europe stated that they agreed to be bound by the Protocol
p.000109: in accordance with the provisions of Article 4.
p.000109: 2. For any signatory subsequently agreeing to be bound by the Protocol, he
p.000109: shall enter into force on the first day of the month following the expiration of a quarterly period
p.000109: the period after the date of deposit of the instrument of ratification, acceptance or approval.
p.000109: Article 6
p.000109: 1. After the entry into force of this Protocol, any acceding State
p.000109: The Convention may also accede to this Protocol.
p.000109: 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
p.000109: The Council of Europe, which will enter into force on the first day of the month following
p.000109: at the end of the three-month period from the date of deposit.
p.000109: Article 7
p.000109: 1. Any Party may, at any time, denounce this Protocol by notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such cancellation shall take effect on the first day of the month following
p.000109: the expiration of a period of three months after the date of receipt of such by the Secretary General
p.000109: notice.
p.000109: Article 8
p.000109: The Secretary General of the Council of Europe shall inform the member States of the Council of Europe
p.000109: community, every signatory, every party and every other state that is
p.000109: invited to accede to the Convention on:
p.000109: a) any signature,
p.000109: b) the deposit of an instrument of ratification, acceptance, approval or accession,
p.000109: c any date of entry into force of the Protocol in accordance with Articles 5 and 6;
p.000109: d any other act of notification or communication relating to the Protocol.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Protocol.
p.000109: Done at Paris, 12 January 1998, in English and in French, at
p.000109: to which both texts are equally authentic in one copy to be
p.000109: deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified transcripts to each member state of the Council of Europe, to non-member countries
p.000109: Member States which have participated in the elaboration of this Protocol, to any State which is
p.000109: invited to accede to the Convention and to the European Community.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND
p.000109: HUMAN BEING DIGNITIES IN APPLICATION OF BIOLOGY AND
p.000109: MEDICINES RELATING TO THE TRANSMISSION OF BODIES AND TISSUES
p.000109: ORIGIN
p.000109: PREAMBLE
p.000109: Council of Europe member states, other countries and the European Community
p.000109: of this Additional Protocol to the Convention for the Protection of Human Rights and Dignity
p.000109: of the human being with respect to the application of biology and medicine (hereinafter referred to as
p.000109: "The Convention on Human Rights and Biomedicine"),
p.000109: Considering that the aim of the Council of Europe is to achieve greater unity between the Member States and that
...
p.000109: prescribed by law.
p.000109: Article 26
p.000109: PUNISHMENTS
p.000109: The parties are required to prescribe the appropriate penalties to be applied in the case
p.000109: violations of the provisions of this Protocol.
p.000109: IX. Chapter
p.000109: COOPERATION OF THE PARTIES
p.000109: Article 27
p.000109: COOPERATION OF THE PARTIES
p.000109: The Parties shall take appropriate measures to ensure that they are effective
p.000109: mutual cooperation in transplantation of organs and tissues, inter alia through
p.000109: exchange of information.
p.000109: They will, in particular, take appropriate measures to facilitate rapid and safe operation
p.000109: transport of organs and tissues from or to their territory.
p.000109: Chapter X
p.000109: RELATIONSHIP OF PROTOCOLS AND CONVENTIONS AND REVIEW OF PROTOCOLS
p.000109: Article 28
p.000109: RELATIONSHIP OF PROTOCOL AND CONVENTION
p.000109: The Parties shall consider the provisions of Articles 1 to 27 of this Protocol additional
p.000109: Articles of the Convention on Human Rights and Biomedicine and all provisions
p.000109: Conventions should be applied accordingly.
p.000109: Article 29
p.000109: REVIEW OF THE PROTOCOL
p.000109: In order to monitor scientific developments, this Protocol will be reviewed by
p.000109: by the Committee referred to in Article 32 of the Convention on Human Rights and Biomedicine
p.000109: at the latest five years after the entry into force of the Protocol, and thereafter at
p.000109: at intervals determined by himself.
p.000109: XI. Chapter
p.000109: FINAL PROVISIONS
p.000109: Article 30
p.000109: SIGNATURE AND RATIFICATION
p.000109: This Protocol shall be open for signature by States signatory to the Convention. He
p.000109: subject to ratification, acceptance or approval. A State Party may not ratify,
p.000109: to accept or approve the Protocol, if it has not been ratified before or at the same time,
p.000109: accepted or approved the Convention. Instruments of ratification, acceptance or approval
p.000109: deposited with the Secretary General of the Council of Europe.
p.000109: Article 31
p.000109: ENTRY INTO FORCE
p.000109: 1. This Protocol shall enter into force on the first day of the month following its expiration
p.000109: a three-month period after the date when five states, including at least
p.000109: four member states of the Council of Europe, declaring that they agree to be bound by this
p.000109: Protocol in accordance with the provisions of Article 30.
p.000109: 2. For any signatory which subsequently agrees to be bound by this Protocol,
p.000109: it shall take effect after the expiry of a period of three months after deposit
p.000109: instruments of ratification, acceptance or approval.
p.000109: Article 32
p.000109: ACCESS
p.000109: 1. After the entry into force of this Protocol, any acceding State
p.000109: It may also accede to the Protocol.
p.000109: 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
p.000109: The Council of Europe, which will enter into force on the first day of the month following
p.000109: three months after the date of deposit of the document.
p.000109: Article 33
p.000109: CANCELLATION
p.000109: 1. Any Party may, at any time, denounce this Protocol by notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such cancellation shall take effect on the first day of the month following
p.000109: the expiry of a period of three months after the date of receipt of such by the Secretary General
p.000109: notice.
p.000109: Article 34
p.000109: NOTICE
p.000109: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Council
p.000109: the Community, each State Party, each Party and any State which is
p.000109: invited to accede to the Convention, on:
p.000109: a. every signing,
p.000109: b. the deposit of an instrument of ratification, acceptance, approval or accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31 and
p.000109: 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Protocol.
p.000109: Done at Strassbourg, 24 January 2002, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified copies to each member state of the Council of Europe, non-member countries
p.000109: who have participated in the drafting of this Protocol and any State called upon to do so
p.000109: accession to this Protocol and to the European Community.
p.000109: Article 3
p.000109: In accordance with Article 36 of the Convention for the Protection of Human Rights and Human Dignity
p.000109: beings in the application of biology and medicine: the Convention on Human Rights and
p.000109: biomedicine, the Republic of Croatia places the following reservation on the conditions prescribed
p.000109: Article 20 (2), subparagraph ii. Conventions:
p.000109: The Republic of Croatia excludes the application of the restriction contained in Article 20.
p.000109: paragraph 2, subparagraph ii of the Convention, which exceptionally allows removal
p.000109: regenerative tissue from a person who is incapable of giving consent only if there is none
...
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p.000109: the dignity of the human being with respect to the application of biology and prohibition medicine
p.000109: cloning human beings, done at Paris, 12 January 1998, in the original at
p.000109: English and French, effective March 1, 2001.
p.000109: The Additional Protocol to the Convention for the Protection of Human Rights and
p.000109: the dignity of the human being with respect to the application of biology and medicine in connection
p.000109: transplantation of organs and tissues of human origin, done at Strasbourg, 24.
p.000109: January 2002, in the English and French languages.
p.000109: Article 2
p.000109: The text of the Convention and the additional protocols referred to in Article 1 of this Law, in the original
p.000109: in English, and translated into Croatian reads:
p.000109: CONVENTION FOR THE PROTECTION OF
p.000109: HUMAN RIGHTS AND DIGNITY OF THE
p.000109: HUMAN BEING WITH REGARD TO THE
p.000109: APPLICATION OF BIOLOGY AND
p.000109: MEDICINE: CONVENTION ON HUMAN
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community, signatories hereto,
p.000109: Bearing in mind the Universal Declaration of Human Rights proclaimed by the
p.000109: United Nations General Assembly on 10 December 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and
p.000109: Fundamental Freedoms of 4 November 1950,
p.000109: Bearing in mind the European Social Charter of 18 October 1961,
p.000109: Bearing in mind the International Covenant on Civil and Political Rights and the
p.000109: International Covenant on Economic, Social and Cultural Rights of
p.000109: 16 December 1966,
p.000109: Bearing in mind the Convention for the Protection of Individuals with regard to it
p.000109: Automatic Processing of Personal Data of 28 January 1981,
p.000109: Bearing also in mind the Convention on the Rights of the Child of
p.000109: 20 November 1989,
p.000109: Considering that the aim of the Council of Europe is the achievement of a
p.000109: greater unity between its members and that one of the methods by which that
p.000109: the aim is to be pursued with the maintenance and further realization of human rights
p.000109: and fundamental freedoms,
p.000109: Conscious of the accelerating developments in biology and medicine,
p.000109: Convinced of the need to respect the human being both as an individual and as
p.000109: a member of the human species and recognizing the importance of securing the
p.000109: the dignity of the human being,
p.000109: Conscious that the misuse of biology and medicine may lead to acts
p.000109: endangering human dignity,
p.000109: Affirming that progress in biology and medicine should be used for the benefit of
p.000109: present and future generations,
p.000109: Stressing the need for international co-operation so that all humanity may enjoy
p.000109: the benefits of biology and medicine,
p.000109: Recognising the importance of promoting a public debate on issues
p.000109: possession by the application of biology and medicine and the responses to be given
p.000109: thereto,
p.000109: Wishing to remind all members of society of their rights and responsibilities,
p.000109: Taking account of the work of the Parliamentary Assembly in this field, including
...
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31.
p.000109: and 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Protocol.
p.000109: Done at Strasbourg, this 24th day of January 2002, in English and in French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND
p.000109: Dignity of the human
p.000109: IT WILL BE IN VIEW OF APPLICATION
p.000109: BIOLOGY AND MEDICINE:
p.000109: THE HUMAN CONVENTION
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: Council of Europe member states, other countries and the European Community, which are
p.000109: signatories to this Convention,
p.000109: Bearing in mind the Universal Declaration of Human Rights, promulgated by the Universal Declaration of Human Rights
p.000109: United Nations Assembly on December 10, 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of
p.000109: November 1950,
p.000109: Having regard to the European Social Charter of 18 October 1961,
p.000109: Bearing in mind the International Covenant on Civil and Political Rights i
p.000109: International Covenant on Economic, Social and Cultural Rights of 16 November
p.000109: December 1966,
p.000109: Bearing in mind the Convention on the Protection of Individuals with regard to Automatic Processing
p.000109: personal data as of January 28, 1981,
p.000109: Also having regard to the Convention on the Rights of the Child of 20 November 1989,
p.000109: Considering that the aim of the Council of Europe is to achieve greater unity among its members
p.000109: and that one of the ways to achieve this goal is to preserve and further achieve it
p.000109: human rights and fundamental freedoms,
p.000109: Aware of the rapid evolution of biology and medicine,
p.000109: Convinced of the need to respect the human being as an individual and as a member
p.000109: of the human species, and recognizing the importance of ensuring the dignity of the human being,
p.000109: Aware that the misuse of biology and medicine can lead to an act that
p.000109: endanger human dignity,
p.000109: Affirming that advances in biology and medicine should be used for good
p.000109: present and future generations,
p.000109: Emphasizing the need for international cooperation so that the whole
p.000109: humanity can enjoy the benefits of biology and medicine,
p.000109: Recognizing the importance of promoting public debate on the issues it raises
p.000109: the application of biology and medicine and the answers that should be given to them,
p.000109: Desiring to remind all members of society of their rights and obligations,
p.000109: Having regard to the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of the Convention on Bioethics,
...
Health / Mentally Disabled
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p.000109: related to gender.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15
p.000109: GENERAL RULE
p.000109: Scientific research regarding the application of biology and medicine is being done
p.000109: freely subject to the provisions of this Convention and other legal provisions
p.000109: which ensure the protection of the human being.
p.000109: Article 16
p.000109: PROTECTION OF THE RESEARCHERS
p.000109: Research on a person can only be undertaken if all of the following are completed
p.000109: conditions:
p.000109: i. there is no alternative of comparable effectiveness to human research,
p.000109: ii. the risks to which that person is exposed are not disproportionate to the potential benefits of
p.000109: research,
p.000109: iii. the research project was approved by the competent authority after independent testing
p.000109: its scientific values, including the importance of the research objective and
p.000109: multidisciplinary evaluation of its ethical acceptability,
p.000109: iv. that the persons subjected to the survey are informed of their rights and guarantees
p.000109: prescribed by law for their protection,
p.000109: v. that the requisite consent provided for in Article 5 has been obtained expressly and specifically, and
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: RESEARCH
p.000109: 1. Research on a person who does not have the ability to consent as is
p.000109: provided for in Article 5 can only be taken on condition that all are fulfilled
p.000109: the following conditions:
p.000109: i. the conditions set out in Article 16 (i) to (iv) are fulfilled,
p.000109: ii. research results have the ability to produce a real and direct benefit to
p.000109: her health,
p.000109: iii. comparative effectiveness research cannot be conducted on individuals who
p.000109: are able to consent,
p.000109: iv. the necessary approval provided for in Article 6 has been given specifically and in writing
p.000109: form, these
p.000109: v. the person concerned has no objection.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, when there is no research
p.000109: the ability to produce results of direct benefit to the health of the person concerned,
p.000109: such research may be approved under the conditions set out in paragraph 1,
p.000109: subparagraph i., iii., iv. and v., and subject to the following additional conditions:
p.000109: i. the research aims to contribute through a much better scientific understanding
p.000109: states of illness or disorder of the individual and contribute to the final achievement
p.000109: results that may be of benefit to the person concerned or to other persons of the same age group
p.000109: or other persons affected by the same disease or disorder or
p.000109: are in the same condition,
p.000109: ii. research entails only minimal risk and minimal burden
p.000109: for the individual concerned.
p.000109: Article 18
p.000109: RESEARCH ON JUMP AND VITRO
p.000109: 1. When law permits research on embryos in vitro, it must provide i
p.000109: adequate embryo protection.
p.000109: 2. It is forbidden to create human embryos for research purposes.
p.000109: VI. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVE DONORS FOR PURPOSE
p.000109: TRANSFERS
p.000109: Article 19
p.000109: GENERAL RULE
p.000109: 1. The taking of an organ or tissue from a living donor for the purpose of transplantation shall be carried out
p.000109: solely for the purpose of treating the recipient and when there is no appropriate organ or tissue
p.000109: deceased persons, and there is no other, approximately equal treatment method.
p.000109: 2. The consent required under Article 5 must be given explicitly and clearly, at
p.000109: in writing.
p.000109: Article 20
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: BODY AND Tissue Transplantation
p.000109: 1. No organ or tissue can be taken from a person who is not
p.000109: capable of giving consent under Article 5.
p.000109: 2. Exceptionally and under the conditions prescribed by law, taking regenerative tissue with
p.000109: A person who is incapable of giving consent can be approved after they have been filled
p.000109: the following conditions:
p.000109: i. no compatible provider capable of consent is available,
p.000109: ii. the recipient is the brother or sister of the donor,
p.000109: iii. the gift must have the purpose of saving the life of the recipient,
p.000109: iv. the approval provided for in Article 6, paragraphs 2 and 3, shall be given clearly and in writing
p.000109: in accordance with the law,
p.000109: v. the potential donor does not object.
p.000109: VII. Chapter
p.000109: PROHIBITION OF MONEY PROFITS AND DISPOSAL OF HUMAN PART
p.000109: BODIES
p.000109: Article 21
p.000109: MONEY PROFIT PROHIBITION
p.000109: The human body and its parts must not, as such, be a source of monetary gain.
p.000109: Article 22
p.000109: DISPOSAL OF THE TAKEN PART OF THE HUMAN BODY
p.000109: When a part of the human body is taken during an operation, it can
p.000109: store and use for a purpose different from that for which it was taken only when it is
p.000109: act in accordance with the appropriate information and consent procedure.
p.000109: VIII. Chapter
p.000109: VIOLATIONS OF THE CONVENTION
p.000109: Article 23
p.000109: VIOLATION OF RIGHTS OR PRINCIPLES
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p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
p.000109: The opinion of the minor should be taken into account as an increasingly
p.000109: determining factor in proportion to his or her age and degree of maturity.
p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
p.000109: harm is likely to result in his or her health.
p.000109: Article 8.
p.000109: EMERGENCYXSITUATION
p.000109: When due to an emergency the appropriate consent cannot be
p.000109: obtained, any medically necessary intervention may be carried out immediately
p.000109: for the benefit of the health of the individual concerned.
p.000109: Article 9.
p.000109: PREVIOUSLY EXPRESSED WISHES
...
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
p.000109: If due to an emergency, proper consent cannot be obtained, any
p.000109: a medically necessary procedure can be carried out immediately in favor of the health of the person concerned
p.000109: individual.
p.000109: Article 9
p.000109: PREVIOUSLY WISHED
p.000109: The previously expressed wishes regarding the patient's medical intervention will be taken into account
...
Health / Mentally Incapacitated
Searching for indicator incapable:
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p.000109: Each Party shall take the necessary implementing measures in its internal law
p.000109: the provisions of this Convention.
p.000109: Article 2
p.000109: PRIMATE HUMAN BEING
p.000109: The interests and well-being of the human being take precedence over the self-interest of society or
p.000109: science.
p.000109: Article 3
p.000109: RIGHT TO ACCESS TO HEALTH CARE
p.000109: The parties, taking into account the health needs and the resources available, take action
p.000109: appropriate measures to ensure equitable treatment within the area of their competence
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
...
p.000109: or other persons affected by the same disease or disorder or
p.000109: are in the same condition,
p.000109: ii. research entails only minimal risk and minimal burden
p.000109: for the individual concerned.
p.000109: Article 18
p.000109: RESEARCH ON JUMP AND VITRO
p.000109: 1. When law permits research on embryos in vitro, it must provide i
p.000109: adequate embryo protection.
p.000109: 2. It is forbidden to create human embryos for research purposes.
p.000109: VI. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVE DONORS FOR PURPOSE
p.000109: TRANSFERS
p.000109: Article 19
p.000109: GENERAL RULE
p.000109: 1. The taking of an organ or tissue from a living donor for the purpose of transplantation shall be carried out
p.000109: solely for the purpose of treating the recipient and when there is no appropriate organ or tissue
p.000109: deceased persons, and there is no other, approximately equal treatment method.
p.000109: 2. The consent required under Article 5 must be given explicitly and clearly, at
p.000109: in writing.
p.000109: Article 20
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: BODY AND Tissue Transplantation
p.000109: 1. No organ or tissue can be taken from a person who is not
p.000109: capable of giving consent under Article 5.
p.000109: 2. Exceptionally and under the conditions prescribed by law, taking regenerative tissue with
p.000109: A person who is incapable of giving consent can be approved after they have been filled
p.000109: the following conditions:
p.000109: i. no compatible provider capable of consent is available,
p.000109: ii. the recipient is the brother or sister of the donor,
p.000109: iii. the gift must have the purpose of saving the life of the recipient,
p.000109: iv. the approval provided for in Article 6, paragraphs 2 and 3, shall be given clearly and in writing
p.000109: in accordance with the law,
p.000109: v. the potential donor does not object.
p.000109: VII. Chapter
p.000109: PROHIBITION OF MONEY PROFITS AND DISPOSAL OF HUMAN PART
p.000109: BODIES
p.000109: Article 21
p.000109: MONEY PROFIT PROHIBITION
p.000109: The human body and its parts must not, as such, be a source of monetary gain.
p.000109: Article 22
p.000109: DISPOSAL OF THE TAKEN PART OF THE HUMAN BODY
p.000109: When a part of the human body is taken during an operation, it can
p.000109: store and use for a purpose different from that for which it was taken only when it is
p.000109: act in accordance with the appropriate information and consent procedure.
p.000109: VIII. Chapter
p.000109: VIOLATIONS OF THE CONVENTION
p.000109: Article 23
p.000109: VIOLATION OF RIGHTS OR PRINCIPLES
p.000109: The parties are required to provide adequate judicial protection in the short term in order
p.000109: prevent or stop unlawful infringement of the rights and principles set out in this
p.000109: Convention.
p.000109: Article 24
p.000109: EXTRAORDINARY DAMAGES
p.000109: A person who has suffered excessive damage resulting from an operation is entitled
...
p.000109: donor health.
p.000109: Article 12
p.000109: NOTICE TO THE DONORS
p.000109: The donor and, where justified, the person or body empowering the
p.000109: Article 14, paragraph 2, of this Protocol, shall receive an appropriate advance
p.000109: information on the purpose and nature of the intake and the consequences and risks.
p.000109: They will also be informed of the rights prescribed by law for the purpose
p.000109: donor protection. In particular, they will be informed of the right to impartial advice for
p.000109: possible risks by a healthcare professional who has appropriate experience and
p.000109: which does not participate in the subsequent process of organ and tissue removal and transplantation.
p.000109: Article 13
p.000109: CONSTITUTION OF A LIVING GIFT
p.000109: According to Articles 14 and 15 of this Protocol, an organ or tissue may be taken alive
p.000109: of the donor, provided that the person concerned is informed and is in favor
p.000109: the procedure gave free consent in writing.
p.000109: The donor is free to withdraw his or her consent at any time.
p.000109: Article 14
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. It is not allowed to take organs or tissues from a person who is unable to give
p.000109: consent under Article 13 of this Protocol.
p.000109: 2. Exceptionally and under the conditions prescribed by law, the taking may be authorized
p.000109: regenerative tissue from a person who is incapable of giving consent after they have
p.000109: the following conditions are met:
p.000109: (i) there is no compatible donor available to consent,
p.000109: (ii) the recipient is the brother or sister of the donor,
p.000109: (iii) the gift must have the purpose of saving the life of the recipient;
p.000109: (iv) the approval of his or her legal representative or competent authority
p.000109: provided for by law is given clearly and in writing,
p.000109: (v) the potential donor does not object.
p.000109: Article 15
p.000109: TAKING STATIONS FROM A LIVING GIFT
p.000109: The law may provide that the provisions of Article 14, paragraph 2, point (ii) of that point
p.000109: (iii) not apply to cells if their uptake is found to include
p.000109: only minimal risk and minimal burden on the donor.
p.000109: IV. Chapter
p.000109: TAKING BODIES AND Tissues From A Deceased Person
p.000109: Article 16
p.000109: CERTIFICATE OF DEATH
p.000109: Organs and tissues will not be taken from the body of a deceased person unless that person is
p.000109: officially declared dead in accordance with the law.
p.000109: Doctors who issue a death certificate may not be the same participating physicians
p.000109: in the taking of organs or tissues from a deceased person or who are responsible for the care of
p.000109: potential organ or tissue recipients.
p.000109: Article 17
p.000109: CONNECTION
p.000109: Organs or tissues will not be taken from the body of a deceased person unless obtained
p.000109: consent in accordance with the law.
p.000109: The taking is not carried out if the deceased person objected.
p.000109: Article 18
p.000109: DIGNITY OF THE HUMAN BODY
...
p.000109: invited to accede to the Convention, on:
p.000109: a. every signing,
p.000109: b. the deposit of an instrument of ratification, acceptance, approval or accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31 and
p.000109: 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Protocol.
p.000109: Done at Strassbourg, 24 January 2002, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified copies to each member state of the Council of Europe, non-member countries
p.000109: who have participated in the drafting of this Protocol and any State called upon to do so
p.000109: accession to this Protocol and to the European Community.
p.000109: Article 3
p.000109: In accordance with Article 36 of the Convention for the Protection of Human Rights and Human Dignity
p.000109: beings in the application of biology and medicine: the Convention on Human Rights and
p.000109: biomedicine, the Republic of Croatia places the following reservation on the conditions prescribed
p.000109: Article 20 (2), subparagraph ii. Conventions:
p.000109: The Republic of Croatia excludes the application of the restriction contained in Article 20.
p.000109: paragraph 2, subparagraph ii of the Convention, which exceptionally allows removal
p.000109: regenerative tissue from a person who is incapable of giving consent only if there is none
p.000109: at the disposal of a compatible donor able to consent, and the recipient
p.000109: is the donor brother or sister. The specified restriction is not allowed
p.000109: the removal of regenerative tissue (bone marrow) from a minor in favor
p.000109: parents. Such a restriction is not in accordance with the applicable Law of the Republic
p.000109: Of Croatia - Law on Conditions for Taking and Transplanting Parts of the Human Body
p.000109: (Official Gazette 53/91), which permits the transplantation of regenerative tissue
p.000109: from a minor for the benefit of the parent. The Republic of Croatia is thus protecting the vital
p.000109: the interests of the minor donor because it saves the life of his parent who
p.000109: is necessary.
p.000109: The Republic of Croatia shall apply Article 20 (2) (ii)
p.000109: Conventions, in the way that the recipient is: the donor’s parent, brother or sister.
p.000109: Article 4
p.000109: Ministries and other state bodies are responsible for the implementation of this Law
p.000109: the administration of the Republic of Croatia, within the scope of which certain rights are exercised
p.000109: provided for in the Convention and the additional protocols.
p.000109: Article 5
p.000109: On the date of the entry into force of this Act, the Convention and the additional protocols referred to in
p.000109: Article 1 of this Law for the Republic of Croatia are not in force, and so will the data
...
Health / Motherhood/Family
Searching for indicator family:
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p.000109: Convention for the Protection of Human Rights and Human Dignity
p.000109: beings regarding the application of biology and medicine in connection
p.000109: transplants of organs and tissues of human origin
p.000109: Newspaper - International Treaties ", No. XX / 03, XX / 06)
p.000109: CROATIAN PARLIAMENT
p.000109: Review laws, regulations, regulations and decisions categorized by
p.000109: areas!
p.000109: All my folders
p.000109: 109
p.000109: Create a new folder
p.000109: Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby
p.000109: DECISION
p.000109: ON DECLARING THE LAW
p.000109: FUNDAMENTAL DISTRIBUTION
p.000109: APPROVAL OF THE CONVENTION ON PROTECTION
p.000109: A - ORGANIZATION I
p.000109: THE ORGANIZATION OF RH HUMAN RIGHTS AND Dignity
p.000109: B - JUDICIAL HUMAN BEING IN APPLICATION
p.000109: C - OWNERSHIP LAW
p.000109: RELATIONS, FAMILY LAW
p.000109: BIOLOGY AND MEDICINE: CONVENTIONS ON
p.000109: D - LABOR AND SOCIAL HUMAN RIGHTS AND BIOMEDICINE,
p.000109: RIGHT
p.000109: ADDITIONAL PROTOCOL WITH
p.000109: E - CONVERT,
p.000109: PRIVATIZATION, TRADE CONVENTION ON HUMAN PROTECTION
p.000109: SOCIETIES
p.000109: F - ECONOMIC
p.000109: HUMAN RIGHTS AND DIGNITIES
p.000109: ACTIVITIES OF BEING IN APPLICATION OF BIOLOGY I
p.000109: G - PUBLIC FINANCING
p.000109: THE NEED FOR CLONING PROHIBITION MEDICINE
p.000109: H - CONTROL AND RECORD OF HUMAN BEINGS AND ADDITIONAL
p.000109: BUSINESS
p.000109: I - BANKING AND MONETARY
p.000109: PROTOCOLS TO THE CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND DIGNITY SYSTEM
p.000109: J - INSURANCE
p.000109: THE HUMAN BEING IN APPLICATION
p.000109: K - EDUCATION, SCIENCE,
p.000109: CULTURE, SPORT OF BIOLOGY AND MEDICINE, RELATED
p.000109: X - REGULATIONS ON TAKING OVER THE BODY AND TISSUE TREATMENTS
p.000109: REGULATIONS FROM FIG. I J.
p.000109: OTHER COURT PRACTICE
p.000109: HUMAN ORIGIN
p.000109: DECISIONS AND JUDGMENTS
p.000109: Of the EUROPEAN COURT OF JUSTICE I hereby declare the Law on Ratification of the Convention for the Protection of Human Rights i
p.000109: HUMAN RIGHTS The dignity of the human being with respect to the application of biology and medicine: The Convention on the
p.000109: Human Rights and Biomedicine, Additional Protocol to the Convention on Protection
p.000109: human rights and the dignity of the human being with respect to the application of biology and
...
Health / Physically Disabled
Searching for indicator illness:
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p.000109: Article 10.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for private life in relation to information
p.000109: about his or her health.
p.000109: 2. Everyone is invited to know any information collected about his or her health.
p.000109: However, the wishes of individuals are not to be informed should be observed.
p.000109: 3. In exceptional cases, restrictions may be placed by law on the exercise of the
p.000109: rights contained in paragraph 2. in the interests of the patient.
p.000109: Chapter IV.
p.000109: HUMAN GENOME
p.000109: Article 11.
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the grounds of his or her genetic
p.000109: heritage is prohibited.
p.000109: Article 12.
p.000109: PREDICTIVE GENETIC TESTS
p.000109: Tests that are predictive of genetic diseases or which serve either to identify
p.000109: the subject as a carrier of a gene responsible for a disease or for detecting a genetic
p.000109: predisposition or susceptibility to a disease may be performed solely for health
p.000109: purposes or for scientific research related to health purposes, and subject to
p.000109: appropriate genetic counseling.
p.000109: Article 13.
p.000109: INTERVENTIONS ON THE HUMAN GENOME
p.000109: An intervention seeking to modify the human genome may only be undertaken
p.000109: for preventive, diagnostic or therapeutic purposes and only if its purpose is not to
p.000109: introduce any modification in the genome of any descendants.
p.000109: Article 14.
p.000109: NON-SELECTION OF SEX
p.000109: The use of medically assisted procreation techniques should not be allowed for
p.000109: the purpose of choosing a future child's sex, except where serious hereditary
p.000109: sex-related illness is to be avoided.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15.
p.000109: GENERAL RULE
p.000109: Scientific research in the field of biology and medicine should be carried out freely,
p.000109: subject to the provisions of this Convention and other legal provisions
p.000109: ensuring the protection of the human being.
p.000109: Article 16.
p.000109: PROTECTION OF PERSONS UNDERGOING RESEARCH
p.000109: Research on a person may only be undertaken if all of the following conditions are
p.000109: met:
p.000109: i. there are no alternatives to comparable effectiveness to research on humans,
p.000109: ii. the risks that may be incurred by that person are not disproportionate to the
p.000109: the potential benefits of research,
p.000109: iii. the research project has been approved by the competent body after
p.000109: independent examination of its scientific merit, including assessment of the
p.000109: the importance of the purpose of research, and the multidisciplinary review of its ethical
p.000109: acceptability,
p.000109: iv. Persons undergoing research have been informed of their rights and rights
p.000109: safeguards prescribed by law for their protection,
p.000109: v. Article 5 has been given
p.000109: expressly, specifically and is documented. Such consent may be freely
p.000109: withdrawn at any time.
p.000109: Article 17.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO RESEARCH
...
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
p.000109: If due to an emergency, proper consent cannot be obtained, any
p.000109: a medically necessary procedure can be carried out immediately in favor of the health of the person concerned
p.000109: individual.
p.000109: Article 9
p.000109: PREVIOUSLY WISHED
p.000109: The previously expressed wishes regarding the patient's medical intervention will be taken into account
p.000109: who at the time of the procedure is unable to express his wishes.
p.000109: III. Chapter
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for his private life as regards his information
p.000109: health.
p.000109: 2. Everyone is empowered to know any information they may have about their health.
p.000109: However, the wishes of individuals not to be informed will be respected.
p.000109: 3. In exceptional cases, use restrictions may be imposed by law
p.000109: rights contained in paragraph 2 in the interest of the patient.
p.000109: IV. Chapter
p.000109: THE HUMAN GENOM
p.000109: Article 11
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the basis of his or her genetic character is forbidden
p.000109: inheritance.
p.000109: Article 12
p.000109: GENETIC TEST PREVIEWS
p.000109: Tests that predict genetic diseases or serve to identify subjects as
p.000109: the carrier of a gene responsible for the disease or for detecting a genetic predisposition or
p.000109: susceptibility to the disease can only be done for health purposes or for work
p.000109: scientific research related to health purposes and related
p.000109: genetic counseling.
p.000109: Article 13
p.000109: WORK ON THE HUMAN GENOMA
p.000109: Human genome-wide intervention can only be undertaken for
p.000109: preventive, diagnostic or therapeutic purposes, and only if its purpose is not to introduce it
p.000109: any alteration in the genome of any offspring.
p.000109: Article 14
p.000109: GENDER SELECTION
p.000109: The use of medically assisted procreation procedures for the purpose is not permitted
p.000109: choosing the sex of the future child, except to avoid serious hereditary illness
p.000109: related to gender.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15
p.000109: GENERAL RULE
p.000109: Scientific research regarding the application of biology and medicine is being done
p.000109: freely subject to the provisions of this Convention and other legal provisions
p.000109: which ensure the protection of the human being.
p.000109: Article 16
p.000109: PROTECTION OF THE RESEARCHERS
p.000109: Research on a person can only be undertaken if all of the following are completed
p.000109: conditions:
p.000109: i. there is no alternative of comparable effectiveness to human research,
p.000109: ii. the risks to which that person is exposed are not disproportionate to the potential benefits of
p.000109: research,
p.000109: iii. the research project was approved by the competent authority after independent testing
p.000109: its scientific values, including the importance of the research objective and
p.000109: multidisciplinary evaluation of its ethical acceptability,
p.000109: iv. that the persons subjected to the survey are informed of their rights and guarantees
p.000109: prescribed by law for their protection,
p.000109: v. that the requisite consent provided for in Article 5 has been obtained expressly and specifically, and
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: RESEARCH
p.000109: 1. Research on a person who does not have the ability to consent as is
p.000109: provided for in Article 5 can only be taken on condition that all are fulfilled
p.000109: the following conditions:
p.000109: i. the conditions set out in Article 16 (i) to (iv) are fulfilled,
p.000109: ii. research results have the ability to produce a real and direct benefit to
p.000109: her health,
p.000109: iii. comparative effectiveness research cannot be conducted on individuals who
p.000109: are able to consent,
p.000109: iv. the necessary approval provided for in Article 6 has been given specifically and in writing
p.000109: form, these
p.000109: v. the person concerned has no objection.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, when there is no research
p.000109: the ability to produce results of direct benefit to the health of the person concerned,
p.000109: such research may be approved under the conditions set out in paragraph 1,
p.000109: subparagraph i., iii., iv. and v., and subject to the following additional conditions:
p.000109: i. the research aims to contribute through a much better scientific understanding
p.000109: states of illness or disorder of the individual and contribute to the final achievement
p.000109: results that may be of benefit to the person concerned or to other persons of the same age group
p.000109: or other persons affected by the same disease or disorder or
p.000109: are in the same condition,
p.000109: ii. research entails only minimal risk and minimal burden
p.000109: for the individual concerned.
p.000109: Article 18
p.000109: RESEARCH ON JUMP AND VITRO
p.000109: 1. When law permits research on embryos in vitro, it must provide i
p.000109: adequate embryo protection.
p.000109: 2. It is forbidden to create human embryos for research purposes.
p.000109: VI. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVE DONORS FOR PURPOSE
p.000109: TRANSFERS
p.000109: Article 19
p.000109: GENERAL RULE
p.000109: 1. The taking of an organ or tissue from a living donor for the purpose of transplantation shall be carried out
p.000109: solely for the purpose of treating the recipient and when there is no appropriate organ or tissue
p.000109: deceased persons, and there is no other, approximately equal treatment method.
p.000109: 2. The consent required under Article 5 must be given explicitly and clearly, at
p.000109: in writing.
p.000109: Article 20
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: BODY AND Tissue Transplantation
p.000109: 1. No organ or tissue can be taken from a person who is not
p.000109: capable of giving consent under Article 5.
...
Health / stem cells
Searching for indicator stem cells:
(return to top)
p.000109: Considering that organ and tissue transplantation should take place under
p.000109: conditions protecting the rights and freedoms of donors, potential donors and
p.000109: recipients of organs and tissues and that institutions must be instrumental in
p.000109: ensuring such conditions,
p.000109: Recognizing that, in facilitating the transplantation of organs and tissues in the
p.000109: interest of patients in Europe, there is a need to protect individual rights and
p.000109: freedoms and to prevent the commercialization of parts of the human body
p.000109: involved in organ and tissue procurement, exchange and distribution activities,
p.000109: Taking into account previous work of the Committee of Ministers and the
p.000109: Parliamentary Assembly of the Council of Europe in this field,
p.000109: Resolving to take such measures as necessary to safeguard human dignity
p.000109: and the rights and fundamental freedoms of the individual with regard to the organ
p.000109: and tissue transplantation,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: OBJECT AND SCOPE
p.000109: Article 1.
p.000109: OBJECT
p.000109: The Parties to this Protocol shall protect the dignity and identity of everyone and
p.000109: guarantee, without discrimination, respect for his or her integrity and other rights
p.000109: and fundamental freedoms with regard to transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2.
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol applies to the transplantation of organs and tissues of human
p.000109: origin carried out for therapeutic purposes.
p.000109: 2. The provisions of this Protocol applicable to tissues shall also apply to cells,
p.000109: including haematopoietic stem cells.
p.000109: 3. The Protocol does not apply:
p.000109: a. to reproductive organs and tissue,
p.000109: b. to embryonic or foetal organs and tissues,
p.000109: c. to blood and blood derivatives.
p.000109: 4. For the purposes of this Protocol:
p.000109: - the term "transplantation" covers the complete process of removal of an
p.000109: organ or tissue from one person and implantation of that organ or tissue into
p.000109: another person, including all procedures for preparation, preservation and
p.000109: storage,
p.000109: - subject to the provisions of Article 20, the term "removal" refers to removal for
p.000109: the purposes of implantation.
p.000109: Chapter II.
p.000109: GENERAL PROVISIONS
p.000109: Article 3.
p.000109: TRANSPLANTATION SYSTEM
p.000109: Parties shall ensure that a system exists to provide equitable access to
p.000109: transplantation services for patients.
p.000109: Subject to the provisions of Chapter III, organs and, where appropriate, tissues
p.000109: shall be allocated only to patients on an official waiting list, in conformity
p.000109: with transparent, objective and duly justified rules according to medical criteria.
p.000109: The persons or bodies responsible for the allocation decision shall be
p.000109: designated within this framework.
p.000109: In the case of an international body exchange arrangements, the procedures must
p.000109: also ensure justified, effective distribution across participating countries in a
p.000109: a principle that takes into account the solidarity principle within each country.
p.000109: The transplantation system will ensure the collection and recording of the
p.000109: information required to ensure traceability of organs and tissues.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of organ or tissue transplantation must be carried out
...
p.000109: organs and tissues, and that institutions must be an instrument to ensure such conditions,
p.000109: Recognizing the need to protect individual rights and freedoms, and
p.000109: preventing the commercialization of parts of the human body involved in supply,
p.000109: exchange and allocation of organs and tissues, to facilitate the taking and
p.000109: organ and tissue transplants in the interest of patients in Europe,
p.000109: Taking into account the previous work of the Committee of Ministers and the Parliamentary Assembly
p.000109: The Council of Europe in this field,
p.000109: Deciding to take such measures as are necessary to preserve the human
p.000109: the dignity and rights and fundamental freedoms of the individual with regard to taking and
p.000109: organ and tissue transplantation,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: SUBJECT MATTER AND SCOPE
p.000109: Article 1
p.000109: SCOPE
p.000109: The Parties to this Protocol shall protect the dignity and identity of each individual and
p.000109: guarantee, without discrimination, respect for his or her integrity and others
p.000109: rights and fundamental freedoms regarding the taking and transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol shall apply to cases of organ harvesting and transplantation and
p.000109: tissues of human origin that have been carried out for the purpose of treatment.
p.000109: 2. The provisions of this Protocol relating to tissues shall also apply to
p.000109: cells, including hematopoietic stem cells.
p.000109: 3. The Protocol shall not apply to:
p.000109: a. organs and tissues for reproduction,
p.000109: b. organs and tissues of the embryo or fetus,
p.000109: c. blood and blood derivatives.
p.000109: 4. For the purposes of the Protocol
p.000109: - the term "transplantation" covers the whole process of taking an organ or tissue
p.000109: from one person and transplanting that organ or tissue to another person, including everyone
p.000109: preparation, preservation and storage procedures,
p.000109: - the term "taking" refers to taking for the purpose of transplantation.
p.000109: II. Chapter
p.000109: GENERAL PROVISIONS
p.000109: Article 3
p.000109: SYSTEM OF TAKING AND TRANSITION OF HUMAN BODIES IN
p.000109: PURPOSE OF TREATMENT
p.000109: The parties guarantee that there is a system that gives patients fair access
p.000109: services.
p.000109: In accordance with the provisions of Chapter III, organs and, where appropriate, organs and tissues
p.000109: will only be assigned to patients on the official waiting list, in accordance with
p.000109: transparent, objective and generally accepted medical criteria. Inside
p.000109: these criteria will designate the persons or bodies responsible for the award decision.
p.000109: In the case of an agreement on the international exchange of organs, the procedures must also
p.000109: ensure justified, efficient allocation in principle by participating States
p.000109: solidarity within each state.
p.000109: Organ and tissue collection and transplantation systems ensure collection and recording
p.000109: data required for traceability of organs and tissues.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any organ and tissue transplant procedure must be performed in accordance with
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.000109: present and future generations,
p.000109: Stressing the need for international co-operation so that all humanity may enjoy
p.000109: the benefits of biology and medicine,
p.000109: Recognising the importance of promoting a public debate on issues
p.000109: possession by the application of biology and medicine and the responses to be given
p.000109: thereto,
p.000109: Wishing to remind all members of society of their rights and responsibilities,
p.000109: Taking account of the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of a convention on bioethics,
p.000109: Resolving to take such measures as necessary to safeguard human dignity
p.000109: and the fundamental rights and freedoms of the individual with regard to the
p.000109: application of biology and medicine,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1.
p.000109: PURPOSE AND OBJECT
p.000109: The Parties to this Convention shall protect the dignity and identity of all human beings
p.000109: beings and guarantee everyone, without discrimination, respect for their integrity
p.000109: and other rights and fundamental freedoms with regard to the application of
p.000109: biology and medicine.
p.000109: Each Party shall take the necessary measures to give effect to its internal law
p.000109: the provisions of this Convention.
p.000109: Article 2.
p.000109: PRIMACY OF THE HUMAN BEING
p.000109: The interests and welfare of the human being will prevail over the sole interest
p.000109: of society or science.
p.000109: Article 3.
p.000109: EQUITABLE ACCESS TO HEALTH CARE
p.000109: Parties taking into account health needs and available resources shall take
p.000109: appropriate measures with a view to providing, within their jurisdiction, equitable
p.000109: access to health care of appropriate quality.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the health field, including research, must be carried out in
p.000109: compliance with relevant professional obligations and standards.
p.000109: Chapter II.
p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
...
p.000109: and the rights and fundamental freedoms of the individual with regard to the organ
p.000109: and tissue transplantation,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: OBJECT AND SCOPE
p.000109: Article 1.
p.000109: OBJECT
p.000109: The Parties to this Protocol shall protect the dignity and identity of everyone and
p.000109: guarantee, without discrimination, respect for his or her integrity and other rights
p.000109: and fundamental freedoms with regard to transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2.
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol applies to the transplantation of organs and tissues of human
p.000109: origin carried out for therapeutic purposes.
p.000109: 2. The provisions of this Protocol applicable to tissues shall also apply to cells,
p.000109: including haematopoietic stem cells.
p.000109: 3. The Protocol does not apply:
p.000109: a. to reproductive organs and tissue,
p.000109: b. to embryonic or foetal organs and tissues,
p.000109: c. to blood and blood derivatives.
p.000109: 4. For the purposes of this Protocol:
p.000109: - the term "transplantation" covers the complete process of removal of an
p.000109: organ or tissue from one person and implantation of that organ or tissue into
p.000109: another person, including all procedures for preparation, preservation and
p.000109: storage,
p.000109: - subject to the provisions of Article 20, the term "removal" refers to removal for
p.000109: the purposes of implantation.
p.000109: Chapter II.
p.000109: GENERAL PROVISIONS
p.000109: Article 3.
p.000109: TRANSPLANTATION SYSTEM
p.000109: Parties shall ensure that a system exists to provide equitable access to
p.000109: transplantation services for patients.
p.000109: Subject to the provisions of Chapter III, organs and, where appropriate, tissues
p.000109: shall be allocated only to patients on an official waiting list, in conformity
p.000109: with transparent, objective and duly justified rules according to medical criteria.
p.000109: The persons or bodies responsible for the allocation decision shall be
p.000109: designated within this framework.
p.000109: In the case of an international body exchange arrangements, the procedures must
p.000109: also ensure justified, effective distribution across participating countries in a
p.000109: a principle that takes into account the solidarity principle within each country.
p.000109: The transplantation system will ensure the collection and recording of the
p.000109: information required to ensure traceability of organs and tissues.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of organ or tissue transplantation must be carried out
p.000109: out in compliance with relevant professional obligations and standards.
p.000109: Article 5.
p.000109: INFORMATION FOR THE RECIPIENT
p.000109: The recipient and, where appropriate, the person or body providing authorization
p.000109: for the implantation should be given beforehand appropriate information as to the
p.000109: purpose and nature of implantation, its consequences and risks, as well as
p.000109: on the alternatives to the intervention.
p.000109: Article 6.
p.000109: HEALTH AND SAFETY
p.000109: All professionals involved in organ or tissue transplantation should take all
p.000109: reasonable measures to minimize the risks of transmission of any disease to the
p.000109: recipient and to avoid any action that might affect the suitability of an organ or
p.000109: Tissue for implantation.
p.000109: Article 7.
p.000109: MEDICAL FOLLOW-UP
...
p.000109: Article 9.
p.000109: GENERAL RULE
p.000109: Removal of organs or tissue from a living person may be carried out solely for
p.000109: the therapeutic benefit of the recipient and where there is no suitable organ or
p.000109: tissue available from a deceased person and no other therapeutic alternative
p.000109: method of comparable effectiveness.
p.000109: Article 10.
p.000109: POTENTIAL AUTHORITY DONORS
p.000109: Organ removal from a living donor may be carried out for the benefit of a
p.000109: recipient with whom the donor has a close personal relationship as defined by
p.000109: law, or, in the absence of such a relationship, only under the conditions defined by
p.000109: law and with the approval of an appropriately independent body.
p.000109: Article 11.
p.000109: EVALUATION OF RISKS FOR THE DONOR
p.000109: Before organ or tissue removal, appropriate medical investigations and
p.000109: interventions will be carried out to evaluate and reduce physical and
p.000109: psychological risks to the health of the donor. The removal may not be carried
p.000109: out if there is a serious risk to the life or health of the donor.
p.000109: Article 12.
p.000109: INFORMATION FOR THE DONOR
p.000109: The donor and, where appropriate, the person or body providing authorization
p.000109: According to Article 14, paragraph 2, this Protocol shall be given beforehand
p.000109: appropriate information as to the purpose and nature of the removal as well as
p.000109: on its consequences and risks.
p.000109: They will also be informed of the rights and safeguards prescribed by law
p.000109: for the protection of the donor. In particular, they will be informed of the right to
p.000109: have access to independent advice on such risks by a health professional
p.000109: having appropriate experience and who is not involved in the organ or tissue
p.000109: removal or subsequent transplantation procedures.
p.000109: Article 13.
p.000109: CONSENT OF THE LIVING DONOR
p.000109: Subjects to Articles 14 and 15 of this Protocol, an organ or tissue may be
p.000109: removed from a living donor only after the person concerned has been given free,
p.000109: informed and specific consent to it either in written form or before an official
p.000109: body.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 14.
p.000109: Protection of persons not able to consent to organ or tissue removal
p.000109: 1. No organ or tissue removal may be carried out on a person who does not
p.000109: have the capacity to consent under Article 13 of this Protocol.
p.000109: 2. Exceptionally, and under the protective conditions prescribed by law, the
p.000109: removal of regenerative tissue from a person who does not have the capacity to
p.000109: The following conditions are met:
p.000109: i. there is no compatible donor available who has the capacity to consent,
p.000109: ii. the recipient is a brother or sister of the donor,
p.000109: iii. the donation has the potential to be life-saving for the recipient,
...
p.000109: present and future generations,
p.000109: Emphasizing the need for international cooperation so that the whole
p.000109: humanity can enjoy the benefits of biology and medicine,
p.000109: Recognizing the importance of promoting public debate on the issues it raises
p.000109: the application of biology and medicine and the answers that should be given to them,
p.000109: Desiring to remind all members of society of their rights and obligations,
p.000109: Having regard to the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of the Convention on Bioethics,
p.000109: Deciding to take such measures as may be necessary to protect the human
p.000109: the dignity and fundamental rights and freedoms of the individual with regard to the application of biology and
p.000109: medicine,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1
p.000109: PURPOSE AND SUBJECT MATTER
p.000109: The Parties to this Convention protect the dignity and identity of all human beings and guarantee it
p.000109: everyone, without discrimination, respect for their integrity and other rights and
p.000109: fundamental freedoms regarding the application of biology and medicine.
p.000109: Each Party shall take the necessary implementing measures in its internal law
p.000109: the provisions of this Convention.
p.000109: Article 2
p.000109: PRIMATE HUMAN BEING
p.000109: The interests and well-being of the human being take precedence over the self-interest of society or
p.000109: science.
p.000109: Article 3
p.000109: RIGHT TO ACCESS TO HEALTH CARE
p.000109: The parties, taking into account the health needs and the resources available, take action
p.000109: appropriate measures to ensure equitable treatment within the area of their competence
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
...
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: SUBJECT MATTER AND SCOPE
p.000109: Article 1
p.000109: SCOPE
p.000109: The Parties to this Protocol shall protect the dignity and identity of each individual and
p.000109: guarantee, without discrimination, respect for his or her integrity and others
p.000109: rights and fundamental freedoms regarding the taking and transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol shall apply to cases of organ harvesting and transplantation and
p.000109: tissues of human origin that have been carried out for the purpose of treatment.
p.000109: 2. The provisions of this Protocol relating to tissues shall also apply to
p.000109: cells, including hematopoietic stem cells.
p.000109: 3. The Protocol shall not apply to:
p.000109: a. organs and tissues for reproduction,
p.000109: b. organs and tissues of the embryo or fetus,
p.000109: c. blood and blood derivatives.
p.000109: 4. For the purposes of the Protocol
p.000109: - the term "transplantation" covers the whole process of taking an organ or tissue
p.000109: from one person and transplanting that organ or tissue to another person, including everyone
p.000109: preparation, preservation and storage procedures,
p.000109: - the term "taking" refers to taking for the purpose of transplantation.
p.000109: II. Chapter
p.000109: GENERAL PROVISIONS
p.000109: Article 3
p.000109: SYSTEM OF TAKING AND TRANSITION OF HUMAN BODIES IN
p.000109: PURPOSE OF TREATMENT
p.000109: The parties guarantee that there is a system that gives patients fair access
p.000109: services.
p.000109: In accordance with the provisions of Chapter III, organs and, where appropriate, organs and tissues
p.000109: will only be assigned to patients on the official waiting list, in accordance with
p.000109: transparent, objective and generally accepted medical criteria. Inside
p.000109: these criteria will designate the persons or bodies responsible for the award decision.
p.000109: In the case of an agreement on the international exchange of organs, the procedures must also
p.000109: ensure justified, efficient allocation in principle by participating States
p.000109: solidarity within each state.
p.000109: Organ and tissue collection and transplantation systems ensure collection and recording
p.000109: data required for traceability of organs and tissues.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any organ and tissue transplant procedure must be performed in accordance with
p.000109: appropriate professional obligations and standards.
p.000109: Article 5
p.000109: NOTICE TO THE RECIPIENTS
p.000109: The recipient and, where appropriate, the person or body authorizing the transplant
p.000109: will be informed in advance of the purpose and nature of the transplant,
p.000109: consequences and risks as well as alternatives to the intervention.
p.000109: Article 6
p.000109: HEALTH AND SAFETY
p.000109: All experts involved in the process of taking and transplanting an organ or tissue
p.000109: take all reasonable measures to reduce the risk of transmission of any disease
p.000109: the recipient and avoid any action that might affect the eligibility of the organ
p.000109: or transplant tissues.
p.000109: Article 7
p.000109: HEALTH MONITORING
p.000109: After organ harvesting and transplanting, to living donors and recipients,
p.000109: adequate health monitoring is ensured.
p.000109: Article 8
...
p.000109: Articles of the Convention on Human Rights and Biomedicine and all provisions
p.000109: Conventions should be applied accordingly.
p.000109: Article 29
p.000109: REVIEW OF THE PROTOCOL
p.000109: In order to monitor scientific developments, this Protocol will be reviewed by
p.000109: by the Committee referred to in Article 32 of the Convention on Human Rights and Biomedicine
p.000109: at the latest five years after the entry into force of the Protocol, and thereafter at
p.000109: at intervals determined by himself.
p.000109: XI. Chapter
p.000109: FINAL PROVISIONS
p.000109: Article 30
p.000109: SIGNATURE AND RATIFICATION
p.000109: This Protocol shall be open for signature by States signatory to the Convention. He
p.000109: subject to ratification, acceptance or approval. A State Party may not ratify,
p.000109: to accept or approve the Protocol, if it has not been ratified before or at the same time,
p.000109: accepted or approved the Convention. Instruments of ratification, acceptance or approval
p.000109: deposited with the Secretary General of the Council of Europe.
p.000109: Article 31
p.000109: ENTRY INTO FORCE
p.000109: 1. This Protocol shall enter into force on the first day of the month following its expiration
p.000109: a three-month period after the date when five states, including at least
p.000109: four member states of the Council of Europe, declaring that they agree to be bound by this
p.000109: Protocol in accordance with the provisions of Article 30.
p.000109: 2. For any signatory which subsequently agrees to be bound by this Protocol,
p.000109: it shall take effect after the expiry of a period of three months after deposit
p.000109: instruments of ratification, acceptance or approval.
p.000109: Article 32
p.000109: ACCESS
p.000109: 1. After the entry into force of this Protocol, any acceding State
p.000109: It may also accede to the Protocol.
p.000109: 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
p.000109: The Council of Europe, which will enter into force on the first day of the month following
p.000109: three months after the date of deposit of the document.
p.000109: Article 33
p.000109: CANCELLATION
p.000109: 1. Any Party may, at any time, denounce this Protocol by notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such cancellation shall take effect on the first day of the month following
p.000109: the expiry of a period of three months after the date of receipt of such by the Secretary General
p.000109: notice.
p.000109: Article 34
p.000109: NOTICE
p.000109: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Council
p.000109: the Community, each State Party, each Party and any State which is
p.000109: invited to accede to the Convention, on:
p.000109: a. every signing,
p.000109: b. the deposit of an instrument of ratification, acceptance, approval or accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31 and
p.000109: 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Protocol.
p.000109: Done at Strassbourg, 24 January 2002, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
...
Social / Age
Searching for indicator age:
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p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
p.000109: The opinion of the minor should be taken into account as an increasingly
p.000109: determining factor in proportion to his or her age and degree of maturity.
p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
p.000109: harm is likely to result in his or her health.
p.000109: Article 8.
p.000109: EMERGENCYXSITUATION
...
p.000109: withdrawn at any time.
p.000109: Article 17.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO RESEARCH
p.000109: 1. Research on a person without the capacity to consent as stipulated in
p.000109: Article 5 may be undertaken only if all of the following conditions are met:
p.000109: i. the conditions laid down in Article 16, sub-paragraphs i to iv, are fulfilled,
p.000109: ii. The results of the research have the potential to produce real and direct benefits
p.000109: to his or her health,
p.000109: iii. research on comparable effectiveness cannot be carried out on individuals
p.000109: capable of giving consent,
p.000109: iv. the necessary authorization provided for under Article 6. has been given
p.000109: specifically and in writing, and
p.000109: v. the person concerned does not object.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, where
p.000109: The research has no potential to produce direct benefit results
p.000109: the health of the person concerned, such research may be an authorized subject to the
p.000109: conditions laid down in paragraph 1, sub-paragraphs i, iii, iv and v above, and to
p.000109: the following additional conditions:
p.000109: i. research has the goal of contributing, through significant improvement in
p.000109: the scientific understanding of the individual condition, disease or disorder, to
p.000109: the ultimate attainment of results capable of conferring benefit to the person
p.000109: concerned or to other persons in the same age category or afflicted with the
p.000109: the same disease or disorder or having the same condition,
p.000109: ii. the research entails only minimal risk and minimal burden for the individual
p.000109: concerned.
p.000109: Article 18.
p.000109: RESEARCH ON EMBRYOS IN WITRO
p.000109: 1. Where law permits research on embryos in vitro, it shall ensure adequate
p.000109: protection of the embryo.
p.000109: 2. The creation of human embryos for research purposes is prohibited.
p.000109: Chapter VI.
p.000109: AUTHORITY AND TISSUE REMOVAL FROM LIVING DONORS FOR
p.000109: TRANSPLANTATION PURPOSES
p.000109: Article 19.
p.000109: GENERAL RULE
p.000109: 1. Removal of organs or tissue from a living person for transplantation purposes
p.000109: may be carried out solely for the therapeutic benefit of the recipient and where
p.000109: there is no suitable organ or tissue available from a deceased person and no
p.000109: other alternative therapeutic method of comparable effectiveness.
p.000109: 2. The necessary consent as provided for under Article 5. must have been given
p.000109: expressly and specifically either in a written form or before an official body.
p.000109: Article 20.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO AUTHORITY
p.000109: REMOVAL
p.000109: 1. No organ or tissue removal may be carried out on a person who does not
...
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
p.000109: If due to an emergency, proper consent cannot be obtained, any
p.000109: a medically necessary procedure can be carried out immediately in favor of the health of the person concerned
...
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: RESEARCH
p.000109: 1. Research on a person who does not have the ability to consent as is
p.000109: provided for in Article 5 can only be taken on condition that all are fulfilled
p.000109: the following conditions:
p.000109: i. the conditions set out in Article 16 (i) to (iv) are fulfilled,
p.000109: ii. research results have the ability to produce a real and direct benefit to
p.000109: her health,
p.000109: iii. comparative effectiveness research cannot be conducted on individuals who
p.000109: are able to consent,
p.000109: iv. the necessary approval provided for in Article 6 has been given specifically and in writing
p.000109: form, these
p.000109: v. the person concerned has no objection.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, when there is no research
p.000109: the ability to produce results of direct benefit to the health of the person concerned,
p.000109: such research may be approved under the conditions set out in paragraph 1,
p.000109: subparagraph i., iii., iv. and v., and subject to the following additional conditions:
p.000109: i. the research aims to contribute through a much better scientific understanding
p.000109: states of illness or disorder of the individual and contribute to the final achievement
p.000109: results that may be of benefit to the person concerned or to other persons of the same age group
p.000109: or other persons affected by the same disease or disorder or
p.000109: are in the same condition,
p.000109: ii. research entails only minimal risk and minimal burden
p.000109: for the individual concerned.
p.000109: Article 18
p.000109: RESEARCH ON JUMP AND VITRO
p.000109: 1. When law permits research on embryos in vitro, it must provide i
p.000109: adequate embryo protection.
p.000109: 2. It is forbidden to create human embryos for research purposes.
p.000109: VI. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVE DONORS FOR PURPOSE
p.000109: TRANSFERS
p.000109: Article 19
p.000109: GENERAL RULE
p.000109: 1. The taking of an organ or tissue from a living donor for the purpose of transplantation shall be carried out
p.000109: solely for the purpose of treating the recipient and when there is no appropriate organ or tissue
p.000109: deceased persons, and there is no other, approximately equal treatment method.
p.000109: 2. The consent required under Article 5 must be given explicitly and clearly, at
p.000109: in writing.
p.000109: Article 20
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: BODY AND Tissue Transplantation
p.000109: 1. No organ or tissue can be taken from a person who is not
p.000109: capable of giving consent under Article 5.
p.000109: 2. Exceptionally and under the conditions prescribed by law, taking regenerative tissue with
...
Social / Child
Searching for indicator child:
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p.000109: transplantation of organs and tissues of human origin, done at Strasbourg, 24.
p.000109: January 2002, in the English and French languages.
p.000109: Article 2
p.000109: The text of the Convention and the additional protocols referred to in Article 1 of this Law, in the original
p.000109: in English, and translated into Croatian reads:
p.000109: CONVENTION FOR THE PROTECTION OF
p.000109: HUMAN RIGHTS AND DIGNITY OF THE
p.000109: HUMAN BEING WITH REGARD TO THE
p.000109: APPLICATION OF BIOLOGY AND
p.000109: MEDICINE: CONVENTION ON HUMAN
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community, signatories hereto,
p.000109: Bearing in mind the Universal Declaration of Human Rights proclaimed by the
p.000109: United Nations General Assembly on 10 December 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and
p.000109: Fundamental Freedoms of 4 November 1950,
p.000109: Bearing in mind the European Social Charter of 18 October 1961,
p.000109: Bearing in mind the International Covenant on Civil and Political Rights and the
p.000109: International Covenant on Economic, Social and Cultural Rights of
p.000109: 16 December 1966,
p.000109: Bearing in mind the Convention for the Protection of Individuals with regard to it
p.000109: Automatic Processing of Personal Data of 28 January 1981,
p.000109: Bearing also in mind the Convention on the Rights of the Child of
p.000109: 20 November 1989,
p.000109: Considering that the aim of the Council of Europe is the achievement of a
p.000109: greater unity between its members and that one of the methods by which that
p.000109: the aim is to be pursued with the maintenance and further realization of human rights
p.000109: and fundamental freedoms,
p.000109: Conscious of the accelerating developments in biology and medicine,
p.000109: Convinced of the need to respect the human being both as an individual and as
p.000109: a member of the human species and recognizing the importance of securing the
p.000109: the dignity of the human being,
p.000109: Conscious that the misuse of biology and medicine may lead to acts
p.000109: endangering human dignity,
p.000109: Affirming that progress in biology and medicine should be used for the benefit of
p.000109: present and future generations,
p.000109: Stressing the need for international co-operation so that all humanity may enjoy
p.000109: the benefits of biology and medicine,
p.000109: Recognising the importance of promoting a public debate on issues
p.000109: possession by the application of biology and medicine and the responses to be given
p.000109: thereto,
p.000109: Wishing to remind all members of society of their rights and responsibilities,
p.000109: Taking account of the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of a convention on bioethics,
p.000109: Resolving to take such measures as necessary to safeguard human dignity
p.000109: and the fundamental rights and freedoms of the individual with regard to the
p.000109: application of biology and medicine,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1.
p.000109: PURPOSE AND OBJECT
...
p.000109: will be taken into account.
p.000109: Chapter III.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for private life in relation to information
p.000109: about his or her health.
p.000109: 2. Everyone is invited to know any information collected about his or her health.
p.000109: However, the wishes of individuals are not to be informed should be observed.
p.000109: 3. In exceptional cases, restrictions may be placed by law on the exercise of the
p.000109: rights contained in paragraph 2. in the interests of the patient.
p.000109: Chapter IV.
p.000109: HUMAN GENOME
p.000109: Article 11.
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the grounds of his or her genetic
p.000109: heritage is prohibited.
p.000109: Article 12.
p.000109: PREDICTIVE GENETIC TESTS
p.000109: Tests that are predictive of genetic diseases or which serve either to identify
p.000109: the subject as a carrier of a gene responsible for a disease or for detecting a genetic
p.000109: predisposition or susceptibility to a disease may be performed solely for health
p.000109: purposes or for scientific research related to health purposes, and subject to
p.000109: appropriate genetic counseling.
p.000109: Article 13.
p.000109: INTERVENTIONS ON THE HUMAN GENOME
p.000109: An intervention seeking to modify the human genome may only be undertaken
p.000109: for preventive, diagnostic or therapeutic purposes and only if its purpose is not to
p.000109: introduce any modification in the genome of any descendants.
p.000109: Article 14.
p.000109: NON-SELECTION OF SEX
p.000109: The use of medically assisted procreation techniques should not be allowed for
p.000109: the purpose of choosing a future child's sex, except where serious hereditary
p.000109: sex-related illness is to be avoided.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15.
p.000109: GENERAL RULE
p.000109: Scientific research in the field of biology and medicine should be carried out freely,
p.000109: subject to the provisions of this Convention and other legal provisions
p.000109: ensuring the protection of the human being.
p.000109: Article 16.
p.000109: PROTECTION OF PERSONS UNDERGOING RESEARCH
p.000109: Research on a person may only be undertaken if all of the following conditions are
p.000109: met:
p.000109: i. there are no alternatives to comparable effectiveness to research on humans,
p.000109: ii. the risks that may be incurred by that person are not disproportionate to the
p.000109: the potential benefits of research,
p.000109: iii. the research project has been approved by the competent body after
p.000109: independent examination of its scientific merit, including assessment of the
p.000109: the importance of the purpose of research, and the multidisciplinary review of its ethical
p.000109: acceptability,
p.000109: iv. Persons undergoing research have been informed of their rights and rights
p.000109: safeguards prescribed by law for their protection,
p.000109: v. Article 5 has been given
p.000109: expressly, specifically and is documented. Such consent may be freely
p.000109: withdrawn at any time.
p.000109: Article 17.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO RESEARCH
...
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND
p.000109: Dignity of the human
p.000109: IT WILL BE IN VIEW OF APPLICATION
p.000109: BIOLOGY AND MEDICINE:
p.000109: THE HUMAN CONVENTION
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: Council of Europe member states, other countries and the European Community, which are
p.000109: signatories to this Convention,
p.000109: Bearing in mind the Universal Declaration of Human Rights, promulgated by the Universal Declaration of Human Rights
p.000109: United Nations Assembly on December 10, 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of
p.000109: November 1950,
p.000109: Having regard to the European Social Charter of 18 October 1961,
p.000109: Bearing in mind the International Covenant on Civil and Political Rights i
p.000109: International Covenant on Economic, Social and Cultural Rights of 16 November
p.000109: December 1966,
p.000109: Bearing in mind the Convention on the Protection of Individuals with regard to Automatic Processing
p.000109: personal data as of January 28, 1981,
p.000109: Also having regard to the Convention on the Rights of the Child of 20 November 1989,
p.000109: Considering that the aim of the Council of Europe is to achieve greater unity among its members
p.000109: and that one of the ways to achieve this goal is to preserve and further achieve it
p.000109: human rights and fundamental freedoms,
p.000109: Aware of the rapid evolution of biology and medicine,
p.000109: Convinced of the need to respect the human being as an individual and as a member
p.000109: of the human species, and recognizing the importance of ensuring the dignity of the human being,
p.000109: Aware that the misuse of biology and medicine can lead to an act that
p.000109: endanger human dignity,
p.000109: Affirming that advances in biology and medicine should be used for good
p.000109: present and future generations,
p.000109: Emphasizing the need for international cooperation so that the whole
p.000109: humanity can enjoy the benefits of biology and medicine,
p.000109: Recognizing the importance of promoting public debate on the issues it raises
p.000109: the application of biology and medicine and the answers that should be given to them,
p.000109: Desiring to remind all members of society of their rights and obligations,
p.000109: Having regard to the work of the Parliamentary Assembly in this field, including
p.000109: Recommendation 1160 (1991) on the preparation of the Convention on Bioethics,
p.000109: Deciding to take such measures as may be necessary to protect the human
p.000109: the dignity and fundamental rights and freedoms of the individual with regard to the application of biology and
p.000109: medicine,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: GENERAL PROVISIONS
p.000109: Article 1
p.000109: PURPOSE AND SUBJECT MATTER
...
p.000109: who at the time of the procedure is unable to express his wishes.
p.000109: III. Chapter
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for his private life as regards his information
p.000109: health.
p.000109: 2. Everyone is empowered to know any information they may have about their health.
p.000109: However, the wishes of individuals not to be informed will be respected.
p.000109: 3. In exceptional cases, use restrictions may be imposed by law
p.000109: rights contained in paragraph 2 in the interest of the patient.
p.000109: IV. Chapter
p.000109: THE HUMAN GENOM
p.000109: Article 11
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the basis of his or her genetic character is forbidden
p.000109: inheritance.
p.000109: Article 12
p.000109: GENETIC TEST PREVIEWS
p.000109: Tests that predict genetic diseases or serve to identify subjects as
p.000109: the carrier of a gene responsible for the disease or for detecting a genetic predisposition or
p.000109: susceptibility to the disease can only be done for health purposes or for work
p.000109: scientific research related to health purposes and related
p.000109: genetic counseling.
p.000109: Article 13
p.000109: WORK ON THE HUMAN GENOMA
p.000109: Human genome-wide intervention can only be undertaken for
p.000109: preventive, diagnostic or therapeutic purposes, and only if its purpose is not to introduce it
p.000109: any alteration in the genome of any offspring.
p.000109: Article 14
p.000109: GENDER SELECTION
p.000109: The use of medically assisted procreation procedures for the purpose is not permitted
p.000109: choosing the sex of the future child, except to avoid serious hereditary illness
p.000109: related to gender.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15
p.000109: GENERAL RULE
p.000109: Scientific research regarding the application of biology and medicine is being done
p.000109: freely subject to the provisions of this Convention and other legal provisions
p.000109: which ensure the protection of the human being.
p.000109: Article 16
p.000109: PROTECTION OF THE RESEARCHERS
p.000109: Research on a person can only be undertaken if all of the following are completed
p.000109: conditions:
p.000109: i. there is no alternative of comparable effectiveness to human research,
p.000109: ii. the risks to which that person is exposed are not disproportionate to the potential benefits of
p.000109: research,
p.000109: iii. the research project was approved by the competent authority after independent testing
p.000109: its scientific values, including the importance of the research objective and
p.000109: multidisciplinary evaluation of its ethical acceptability,
p.000109: iv. that the persons subjected to the survey are informed of their rights and guarantees
p.000109: prescribed by law for their protection,
p.000109: v. that the requisite consent provided for in Article 5 has been obtained expressly and specifically, and
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
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Social / Fetus/Neonate
Searching for indicator fetus:
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p.000109: preventing the commercialization of parts of the human body involved in supply,
p.000109: exchange and allocation of organs and tissues, to facilitate the taking and
p.000109: organ and tissue transplants in the interest of patients in Europe,
p.000109: Taking into account the previous work of the Committee of Ministers and the Parliamentary Assembly
p.000109: The Council of Europe in this field,
p.000109: Deciding to take such measures as are necessary to preserve the human
p.000109: the dignity and rights and fundamental freedoms of the individual with regard to taking and
p.000109: organ and tissue transplantation,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: SUBJECT MATTER AND SCOPE
p.000109: Article 1
p.000109: SCOPE
p.000109: The Parties to this Protocol shall protect the dignity and identity of each individual and
p.000109: guarantee, without discrimination, respect for his or her integrity and others
p.000109: rights and fundamental freedoms regarding the taking and transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol shall apply to cases of organ harvesting and transplantation and
p.000109: tissues of human origin that have been carried out for the purpose of treatment.
p.000109: 2. The provisions of this Protocol relating to tissues shall also apply to
p.000109: cells, including hematopoietic stem cells.
p.000109: 3. The Protocol shall not apply to:
p.000109: a. organs and tissues for reproduction,
p.000109: b. organs and tissues of the embryo or fetus,
p.000109: c. blood and blood derivatives.
p.000109: 4. For the purposes of the Protocol
p.000109: - the term "transplantation" covers the whole process of taking an organ or tissue
p.000109: from one person and transplanting that organ or tissue to another person, including everyone
p.000109: preparation, preservation and storage procedures,
p.000109: - the term "taking" refers to taking for the purpose of transplantation.
p.000109: II. Chapter
p.000109: GENERAL PROVISIONS
p.000109: Article 3
p.000109: SYSTEM OF TAKING AND TRANSITION OF HUMAN BODIES IN
p.000109: PURPOSE OF TREATMENT
p.000109: The parties guarantee that there is a system that gives patients fair access
p.000109: services.
p.000109: In accordance with the provisions of Chapter III, organs and, where appropriate, organs and tissues
p.000109: will only be assigned to patients on the official waiting list, in accordance with
p.000109: transparent, objective and generally accepted medical criteria. Inside
p.000109: these criteria will designate the persons or bodies responsible for the award decision.
p.000109: In the case of an agreement on the international exchange of organs, the procedures must also
p.000109: ensure justified, efficient allocation in principle by participating States
p.000109: solidarity within each state.
p.000109: Organ and tissue collection and transplantation systems ensure collection and recording
p.000109: data required for traceability of organs and tissues.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any organ and tissue transplant procedure must be performed in accordance with
p.000109: appropriate professional obligations and standards.
p.000109: Article 5
p.000109: NOTICE TO THE RECIPIENTS
p.000109: The recipient and, where appropriate, the person or body authorizing the transplant
...
Social / Incarcerated
Searching for indicator restricted:
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p.000109: the rights and freedoms of others.
p.000109: 2. The restrictions contemplated in the preceding paragraph may not be placed
p.000109: on Articles 11., 13., 14., 16., 17., 19., 20. and 21.
p.000109: Article 27.
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be interpreted as limiting or
p.000109: otherwise affecting the possibility of a Party to grant a wider measure of
p.000109: protection with regard to the application of biology and medicine than is
p.000109: stipulated in this Convention.
p.000109: Chapter X.
p.000109: PUBLIC DEBATE
p.000109: Article 28.
p.000109: PUBLIC DEBATE
p.000109: The Parties to this Convention shall see to it that the fundamental questions are raised
p.000109: by the developments of biology and medicine are the subject of appropriate
p.000109: public discussion in the light, in particular, of relevant medical, social, economic,
p.000109: ethical and legal implications, and that their possible application is made the
p.000109: subject of appropriate consultation.
p.000109: Chapter XI.
p.000109: INTERPRETATION AND FOLLOW-UP OF THE CONVENTION
p.000109: Article 29.
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights may give without direct reference to any
p.000109: specific proceedings pending in a court, advisory opinions on legal issues
p.000109: regarding the interpretation of the present Convention at the request of:
p.000109: - the Government of a Party, after having informed the other Parties,
p.000109: - the Committee set up by Article 32, with membership restricted to the
p.000109: Representatives of the Parties to this Convention, by a decision adopted by a
p.000109: two-thirds majority of votes cast.
p.000109: Article 30.
p.000109: REPORTS ON THE APPLICATION OF THE CONVENTION
p.000109: On receipt of a request from the Secretary General of the Council of Europe any
p.000109: The party shall furnish an explanation of the manner in which its internal law provides
p.000109: the effective implementation of any of the provisions of the Convention.
p.000109: Chapter XII.
p.000109: PROTOCOLS
p.000109: Article 31.
p.000109: PROTOCOLS
p.000109: Protocols may be concluded in pursuit of Article 32, with a view to
p.000109: developing, in specific fields, the principles contained in this Convention.
p.000109: The Protocols shall be open for signature by the Signatories of the Convention.
p.000109: They shall be subject to ratification, acceptance or approval. A Signatory may
p.000109: not ratify, accept or approve Protocols without previously or simultaneously
p.000109: ratifying accepting or approving the Convention.
p.000109: Chapter XIII.
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: Article 32.
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: 1. The tasks assigned to the Committee in the present article and in
p.000109: Article 29 shall be carried out by the Steering Committee on Bioethics (CDBI),
p.000109: or by any other committee designated to do so by the Committee of Ministers.
p.000109: 2. Without prejudice to the specific provisions of Article 29, each Member State
p.000109: of the Council of Europe, as well as each Party to the present Convention which
p.000109: is not a member of the Council of Europe, may be represented and have one
p.000109: vote in the Committee when the Committee carries out the tasks assigned to it
...
Social / Marital Status
Searching for indicator single:
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p.000109: receipt by the Secretary General.
p.000109: Article 37.
p.000109: DENUNCIATION
p.000109: 1. Any Party may at any time denounce this Convention by the means of a
p.000109: notification addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: the notification by the Secretary General.
p.000109: Article 38.
p.000109: NOTIFICATIONS
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council, the European Community, any Signatory, any Party and any
p.000109: other State which has been invited to accede to this Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Convention in accordance with Article 33.
p.000109: or 34.,
p.000109: d. any amendment or protocol adopted in accordance with Article 32., and the
p.000109: date on which such an amendment or protocol enters into force,
p.000109: e. any declaration made under the provisions of Article 35,
p.000109: f. any reservation and withdrawal of reservation made in pursuance of the
p.000109: the provisions of Article 36,
p.000109: Mr Rücker any other act, notification or communication relating to this Convention.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Convention.
p.000109: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the European Community, to the non-member States which have
p.000109: involved in the elaboration of this Convention, and any State invited to it
p.000109: accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO
p.000109: THE CONVENTION FOR THE
p.000109: PROTECTION OF HUMAN
p.000109: RIGHTS AND DIGNITY OF
p.000109: THE HUMAN BEING WITH
p.000109: REGARD TO THE
p.000109: APPLICATION OF BIOLOGY
p.000109: AND MEDICINE, ON THE
p.000109: PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community Signatories to this Additional Protocol to the Convention
p.000109: Protection of Human Rights and the Dignity of the Human Being with regard to the
p.000109: Application of Biology and Medicine,
p.000109: Noting scientific developments in the field of mammalian cloning, particularly
p.000109: through embryo splitting and nuclear transfer,
p.000109: Mindful of the progress that some cloning techniques themselves may bring to it
p.000109: scientific knowledge and its medical application,
p.000109: Considering that cloning of human beings may become technical
p.000109: possibility,
p.000109: Having noted that embryo splitting may occur naturally and sometimes result in
p.000109: the birth of genetically identical twins,
p.000109: Considering however that the instrumentalization of human beings through the
...
p.000109: Article 6.
p.000109: 1. After the entry into force of this Protocol, any State which has acceded to the
p.000109: The Convention may also accede to this Protocol.
p.000109: 2. The Accession shall be effected by the deposit with the Secretary General
p.000109: The Council of Europe of an instrument of accession which shall take effect on the
p.000109: the first day of the month following the expiration of a period of three months after
p.000109: the date of its deposit.
p.000109: Article 7.
p.000109: 1. Any Party may at any time deny this Protocol by means of notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: such notification by the Secretary General.
p.000109: Article 8.
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council of Europe, the European Community, any Signatory, any Party
p.000109: and any other State which has been invited to accede to the Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Articles 5. and
p.000109: 6.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Protocol.
p.000109: Done at Paris, this twelfth day of January 1998, in English and in French, both
p.000109: texts being equally authentic, in a single copy to be deposited in the
p.000109: Council of Europe archives. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION ON HUMAN RIGHTS AND
p.000109: BIOMEDICINE CONCERNING TRANSPLANTATION OF ORGANS AND
p.000109: TISSUES OF HUMAN ORIGIN
p.000109: PREAMBLE
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community signatories to this Additional Protocol to the Convention
p.000109: Protection of Human Rights and the Dignity of the Human Being with regard to the
p.000109: Application of Biology and Medicine (hereinafter referred to as “Convention on
p.000109: Human Rights and Biomedicine ”),
p.000109: Considering that the aim of the Council of Europe is the achievement of greater
p.000109: unity between its members and that one of the methods by which this aim is
p.000109: pursued is the maintenance and further realization of human rights and
p.000109: fundamental freedoms,
p.000109: Considering that the aim of the Convention on Human Rights and Biomedicine,
p.000109: as defined in Article 1, is to protect the dignity and identity of all human beings
p.000109: and guarantee everyone, without discrimination, respect for their integrity and
p.000109: other rights and fundamental freedoms with regard to the application of biology
p.000109: and medicine,
p.000109: Considering that progress in medical science, in particular in the field of organ
p.000109: and tissue transplantation, contributing to saving lives or greatly improving theirs
...
p.000109: The Convention may also accede to this Protocol.
p.000109: 2. The Accession shall be effected by the deposit with the Secretary General
p.000109: The Council of Europe of an instrument of accession which shall take effect on the
p.000109: the first day of the month following the expiration of a period of three months after
p.000109: the date of its deposit.
p.000109: Article 33.
p.000109: DENUNCIATION
p.000109: 1. Any Party may at any time deny this Protocol by means of notification
p.000109: addressed to the Secretary General of the Council of Europe.
p.000109: 2. Such denunciation shall become effective on the first day of the month
p.000109: following the expiration of a period of three months after the date of receipt of
p.000109: such notification by the Secretary General.
p.000109: Article 34.
p.000109: NOTIFICATION
p.000109: The Secretary General of the Council of Europe shall notify the member States
p.000109: of the Council of Europe, the European Community, any Signatory, any Party
p.000109: and any other State which has been invited to accede to the Convention of:
p.000109: a. any signature,
p.000109: b. the deposit of any instrument of ratification, acceptance, approval or
p.000109: accession,
p.000109: c. any date of entry into force of this Protocol in accordance with Article 31.
p.000109: and 32.,
p.000109: d. any other act, notification or communication relating to this Protocol.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Protocol.
p.000109: Done at Strasbourg, this 24th day of January 2002, in English and in French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the non-member States which have participated in the elaboration of
p.000109: this Protocol, to any State invited to accede to the Convention and to the
p.000109: European Community.
p.000109: CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND
p.000109: Dignity of the human
p.000109: IT WILL BE IN VIEW OF APPLICATION
p.000109: BIOLOGY AND MEDICINE:
p.000109: THE HUMAN CONVENTION
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: Council of Europe member states, other countries and the European Community, which are
p.000109: signatories to this Convention,
p.000109: Bearing in mind the Universal Declaration of Human Rights, promulgated by the Universal Declaration of Human Rights
p.000109: United Nations Assembly on December 10, 1948,
p.000109: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of
p.000109: November 1950,
p.000109: Having regard to the European Social Charter of 18 October 1961,
p.000109: Bearing in mind the International Covenant on Civil and Political Rights i
p.000109: International Covenant on Economic, Social and Cultural Rights of 16 November
p.000109: December 1966,
p.000109: Bearing in mind the Convention on the Protection of Individuals with regard to Automatic Processing
p.000109: personal data as of January 28, 1981,
...
Social / Victim of Abuse
Searching for indicator abuse:
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p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified transcripts of each Member State of the Council of Europe, the European Community,
p.000109: to the non-member States which have participated in the elaboration of this Convention and to each
p.000109: a State invited to accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION
p.000109: ON THE PROTECTION OF HUMAN RIGHTS
p.000109: AND THE DIGNITIES OF THE HUMAN BEING
p.000109: IN VIEW OF APPLIED BIOLOGY
p.000109: AND MEDICINES FOR THE PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
p.000109: Council of Europe member states, other states and the European Community, signatories
p.000109: of this Additional Protocol to the Convention for the Protection of Human Rights and Dignity
p.000109: the human being with respect to the application of biology and medicine,
p.000109: They are making scientific advances in the field of mammalian cloning, especially through partitioning
p.000109: embryo and nucleus transfer,
p.000109: Aware that the advancement of some cloning techniques can be scientific
p.000109: cognition and its application in medicine,
p.000109: Considering that cloning of human beings can become technically possible,
p.000109: Keeping in mind that division of the embryo can occur naturally, and sometimes
p.000109: result in the birth of genetically identical twins,
p.000109: Considering, however, that the use of human beings in deliberate creation is genetic
p.000109: of identical beings is contrary to human dignity and thus constitutes abuse
p.000109: biology and medicine,
p.000109: Considering the same serious medical, psychological and social difficulties
p.000109: of nature, such deliberate biomedical practices may be for everyone involved
p.000109: individuals,
p.000109: Considering the purpose of the Convention on Human Rights and Biomedicine, in particular
p.000109: the principle set out in Article 1 aimed at protecting the dignity and identity of all
p.000109: human beings,
p.000109: They agreed as follows:
p.000109: Article 1
p.000109: 1. Any procedure intended to create a human being genetically is prohibited
p.000109: identical to another human being, whether alive or dead.
p.000109: 2. For the purposes of applying this Article, the term human being "genetically identical"
p.000109: to another human being means a human being who shares the same set of genes with another
p.000109: cell nuclei.
p.000109: Article 2
p.000109: No restriction on the application of this Protocol shall be permitted under Article 26, paragraph
p.000109: Of the Convention.
p.000109: Article 3
p.000109: The Parties consider the provisions of Articles 1 and 2 of this Protocol additional articles
p.000109: Of the Convention, and all the provisions of the Convention shall apply accordingly.
p.000109: Article 4
p.000109: This Protocol shall be open for signature by the signatories to the Convention. The same is subject
p.000109: ratification, acceptance or approval. A signatory may not ratify, accept or
p.000109: to approve this Protocol if it has not, at the same time or at the same time ratified, accepted or
p.000109: approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Code
p.000109: Secretary General of the Council of Europe.
p.000109: Article 5
p.000109: 1. The Protocol shall enter into force on the first day of the month following its expiration
...
p.000109: of the human being with respect to the application of biology and medicine (hereinafter referred to as
p.000109: "The Convention on Human Rights and Biomedicine"),
p.000109: Considering that the aim of the Council of Europe is to achieve greater unity between the Member States and that
p.000109: is one of the ways in which this goal is achieved, maintained and further pursued
p.000109: human rights and fundamental freedoms,
p.000109: Considering that the goal of the Convention on Human Rights and Biomedicine is as it is
p.000109: defined in Article 1, to protect the dignity of all human beings and to guarantee everyone,
p.000109: without discrimination, respect for their integrity and other rights and
p.000109: fundamental freedoms regarding the application of biology and medicine,
p.000109: Considering that advances in medical science and especially in the field
p.000109: organ and tissue transplants, contributes to life-saving or significant improvement
p.000109: their qualities,
p.000109: Considering that the taking and transplanting of organs and tissues is an established part
p.000109: health services offered to the population,
p.000109: Considering that, due to lack of available organs and tissues, it is necessary to take action
p.000109: appropriate measures to maximize organ and tissue donation, in particular
p.000109: by reporting to the public the importance of organ and tissue transplantation and by
p.000109: promoting European cooperation in this field,
p.000109: Considering that, furthermore, ethical, psychological and sociocultural issues are narrow
p.000109: associated with organ and tissue transplants,
p.000109: Believing abuse of the process of taking and transplanting organs and tissues
p.000109: can endanger human life, health or dignity,
p.000109: Considering that the taking and transplantation of organs and tissues should be carried out under
p.000109: conditions that protect the rights and freedoms of donors, potential donors and recipients
p.000109: organs and tissues, and that institutions must be an instrument to ensure such conditions,
p.000109: Recognizing the need to protect individual rights and freedoms, and
p.000109: preventing the commercialization of parts of the human body involved in supply,
p.000109: exchange and allocation of organs and tissues, to facilitate the taking and
p.000109: organ and tissue transplants in the interest of patients in Europe,
p.000109: Taking into account the previous work of the Committee of Ministers and the Parliamentary Assembly
p.000109: The Council of Europe in this field,
p.000109: Deciding to take such measures as are necessary to preserve the human
p.000109: the dignity and rights and fundamental freedoms of the individual with regard to taking and
p.000109: organ and tissue transplantation,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: SUBJECT MATTER AND SCOPE
p.000109: Article 1
p.000109: SCOPE
p.000109: The Parties to this Protocol shall protect the dignity and identity of each individual and
p.000109: guarantee, without discrimination, respect for his or her integrity and others
p.000109: rights and fundamental freedoms regarding the taking and transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol shall apply to cases of organ harvesting and transplantation and
...
Social / Youth/Minors
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p.000109: of society or science.
p.000109: Article 3.
p.000109: EQUITABLE ACCESS TO HEALTH CARE
p.000109: Parties taking into account health needs and available resources shall take
p.000109: appropriate measures with a view to providing, within their jurisdiction, equitable
p.000109: access to health care of appropriate quality.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the health field, including research, must be carried out in
p.000109: compliance with relevant professional obligations and standards.
p.000109: Chapter II.
p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
p.000109: The opinion of the minor should be taken into account as an increasingly
p.000109: determining factor in proportion to his or her age and degree of maturity.
p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
p.000109: harm is likely to result in his or her health.
p.000109: Article 8.
...
p.000109: The interests and well-being of the human being take precedence over the self-interest of society or
p.000109: science.
p.000109: Article 3
p.000109: RIGHT TO ACCESS TO HEALTH CARE
p.000109: The parties, taking into account the health needs and the resources available, take action
p.000109: appropriate measures to ensure equitable treatment within the area of their competence
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
...
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Protocol.
p.000109: Done at Strassbourg, 24 January 2002, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified copies to each member state of the Council of Europe, non-member countries
p.000109: who have participated in the drafting of this Protocol and any State called upon to do so
p.000109: accession to this Protocol and to the European Community.
p.000109: Article 3
p.000109: In accordance with Article 36 of the Convention for the Protection of Human Rights and Human Dignity
p.000109: beings in the application of biology and medicine: the Convention on Human Rights and
p.000109: biomedicine, the Republic of Croatia places the following reservation on the conditions prescribed
p.000109: Article 20 (2), subparagraph ii. Conventions:
p.000109: The Republic of Croatia excludes the application of the restriction contained in Article 20.
p.000109: paragraph 2, subparagraph ii of the Convention, which exceptionally allows removal
p.000109: regenerative tissue from a person who is incapable of giving consent only if there is none
p.000109: at the disposal of a compatible donor able to consent, and the recipient
p.000109: is the donor brother or sister. The specified restriction is not allowed
p.000109: the removal of regenerative tissue (bone marrow) from a minor in favor
p.000109: parents. Such a restriction is not in accordance with the applicable Law of the Republic
p.000109: Of Croatia - Law on Conditions for Taking and Transplanting Parts of the Human Body
p.000109: (Official Gazette 53/91), which permits the transplantation of regenerative tissue
p.000109: from a minor for the benefit of the parent. The Republic of Croatia is thus protecting the vital
p.000109: the interests of the minor donor because it saves the life of his parent who
p.000109: is necessary.
p.000109: The Republic of Croatia shall apply Article 20 (2) (ii)
p.000109: Conventions, in the way that the recipient is: the donor’s parent, brother or sister.
p.000109: Article 4
p.000109: Ministries and other state bodies are responsible for the implementation of this Law
p.000109: the administration of the Republic of Croatia, within the scope of which certain rights are exercised
p.000109: provided for in the Convention and the additional protocols.
p.000109: Article 5
p.000109: On the date of the entry into force of this Act, the Convention and the additional protocols referred to in
p.000109: Article 1 of this Law for the Republic of Croatia are not in force, and so will the data
p.000109: of their entry into force subsequently, in accordance with the provisions of Article 30.
p.000109: paragraph 3 of the Law on Conclusion and Execution of International Treaties.
p.000109: Article 6
p.000109: This Law shall enter into force on the eighth day after its publication in the Official Gazette
p.000109: newspaper «.
p.000109: Class: 018-05 / 03-01 / 06
p.000109: Zagreb, 14 July 2003
p.000109: CROATIAN PARLIAMENT
p.000109: The President
p.000109: Of the Croatian Parliament
...
Social / education
Searching for indicator education:
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p.000109: beings regarding the application of biology and medicine in connection
p.000109: transplants of organs and tissues of human origin
p.000109: Newspaper - International Treaties ", No. XX / 03, XX / 06)
p.000109: CROATIAN PARLIAMENT
p.000109: Review laws, regulations, regulations and decisions categorized by
p.000109: areas!
p.000109: All my folders
p.000109: 109
p.000109: Create a new folder
p.000109: Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby
p.000109: DECISION
p.000109: ON DECLARING THE LAW
p.000109: FUNDAMENTAL DISTRIBUTION
p.000109: APPROVAL OF THE CONVENTION ON PROTECTION
p.000109: A - ORGANIZATION I
p.000109: THE ORGANIZATION OF RH HUMAN RIGHTS AND Dignity
p.000109: B - JUDICIAL HUMAN BEING IN APPLICATION
p.000109: C - OWNERSHIP LAW
p.000109: RELATIONS, FAMILY LAW
p.000109: BIOLOGY AND MEDICINE: CONVENTIONS ON
p.000109: D - LABOR AND SOCIAL HUMAN RIGHTS AND BIOMEDICINE,
p.000109: RIGHT
p.000109: ADDITIONAL PROTOCOL WITH
p.000109: E - CONVERT,
p.000109: PRIVATIZATION, TRADE CONVENTION ON HUMAN PROTECTION
p.000109: SOCIETIES
p.000109: F - ECONOMIC
p.000109: HUMAN RIGHTS AND DIGNITIES
p.000109: ACTIVITIES OF BEING IN APPLICATION OF BIOLOGY I
p.000109: G - PUBLIC FINANCING
p.000109: THE NEED FOR CLONING PROHIBITION MEDICINE
p.000109: H - CONTROL AND RECORD OF HUMAN BEINGS AND ADDITIONAL
p.000109: BUSINESS
p.000109: I - BANKING AND MONETARY
p.000109: PROTOCOLS TO THE CONVENTION ON PROTECTION
p.000109: HUMAN RIGHTS AND DIGNITY SYSTEM
p.000109: J - INSURANCE
p.000109: THE HUMAN BEING IN APPLICATION
p.000109: K - EDUCATION, SCIENCE,
p.000109: CULTURE, SPORT OF BIOLOGY AND MEDICINE, RELATED
p.000109: X - REGULATIONS ON TAKING OVER THE BODY AND TISSUE TREATMENTS
p.000109: REGULATIONS FROM FIG. I J.
p.000109: OTHER COURT PRACTICE
p.000109: HUMAN ORIGIN
p.000109: DECISIONS AND JUDGMENTS
p.000109: Of the EUROPEAN COURT OF JUSTICE I hereby declare the Law on Ratification of the Convention for the Protection of Human Rights i
p.000109: HUMAN RIGHTS The dignity of the human being with respect to the application of biology and medicine: The Convention on the
p.000109: Human Rights and Biomedicine, Additional Protocol to the Convention on Protection
p.000109: human rights and the dignity of the human being with respect to the application of biology and
p.000109: medicine on the prohibition of cloning of human beings and the Additional Protocol to the Convention on
p.000109: the protection of human rights and the dignity of the human being with respect to the application of biology and
p.000109: medicine, regarding the transplantation of organs and tissues of human origin, which he brought
p.000109: Croatian Parliament at its session of 14 July 2003
p.000109: No: 01-081-03-2606 / 2
p.000109: Zagreb, 16 July 2003
p.000109: The President
p.000109: Of the Republic of Croatia
p.000109: Stjepan Mesic, v. r.
p.000109: LAW
p.000109: APPROVAL OF THE CONVENTION
p.000109: PROTECTION OF HUMAN RIGHTS AND
p.000109: Dignities of the human being in
p.000109: APPLICATION OF BIOLOGY I
p.000109: MEDICINE: HUMAN CONVENTIONS
p.000109: RIGHTS AND BIOMEDICINE,
p.000109: ADDITIONAL PROTOCOL WITH
...
Social / embryo
Searching for indicator embryo:
(return to top)
p.000109: i. the conditions laid down in Article 16, sub-paragraphs i to iv, are fulfilled,
p.000109: ii. The results of the research have the potential to produce real and direct benefits
p.000109: to his or her health,
p.000109: iii. research on comparable effectiveness cannot be carried out on individuals
p.000109: capable of giving consent,
p.000109: iv. the necessary authorization provided for under Article 6. has been given
p.000109: specifically and in writing, and
p.000109: v. the person concerned does not object.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, where
p.000109: The research has no potential to produce direct benefit results
p.000109: the health of the person concerned, such research may be an authorized subject to the
p.000109: conditions laid down in paragraph 1, sub-paragraphs i, iii, iv and v above, and to
p.000109: the following additional conditions:
p.000109: i. research has the goal of contributing, through significant improvement in
p.000109: the scientific understanding of the individual condition, disease or disorder, to
p.000109: the ultimate attainment of results capable of conferring benefit to the person
p.000109: concerned or to other persons in the same age category or afflicted with the
p.000109: the same disease or disorder or having the same condition,
p.000109: ii. the research entails only minimal risk and minimal burden for the individual
p.000109: concerned.
p.000109: Article 18.
p.000109: RESEARCH ON EMBRYOS IN WITRO
p.000109: 1. Where law permits research on embryos in vitro, it shall ensure adequate
p.000109: protection of the embryo.
p.000109: 2. The creation of human embryos for research purposes is prohibited.
p.000109: Chapter VI.
p.000109: AUTHORITY AND TISSUE REMOVAL FROM LIVING DONORS FOR
p.000109: TRANSPLANTATION PURPOSES
p.000109: Article 19.
p.000109: GENERAL RULE
p.000109: 1. Removal of organs or tissue from a living person for transplantation purposes
p.000109: may be carried out solely for the therapeutic benefit of the recipient and where
p.000109: there is no suitable organ or tissue available from a deceased person and no
p.000109: other alternative therapeutic method of comparable effectiveness.
p.000109: 2. The necessary consent as provided for under Article 5. must have been given
p.000109: expressly and specifically either in a written form or before an official body.
p.000109: Article 20.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO AUTHORITY
p.000109: REMOVAL
p.000109: 1. No organ or tissue removal may be carried out on a person who does not
p.000109: have the capacity to consent under Article 5.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, the
p.000109: removal of regenerative tissue from a person who does not have the capacity to
p.000109: The following conditions are met:
p.000109: i. there is no compatible donor available who has the capacity to consent,
p.000109: ii. the recipient is a brother or sister of the donor,
...
p.000109: e. any declaration made under the provisions of Article 35,
p.000109: f. any reservation and withdrawal of reservation made in pursuance of the
p.000109: the provisions of Article 36,
p.000109: Mr Rücker any other act, notification or communication relating to this Convention.
p.000109: In witness whereof the undersigned, being duly authorized thereto, have signed
p.000109: this Convention.
p.000109: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French,
p.000109: both texts being equally authentic, in a single copy to be deposited in
p.000109: the archives of the Council of Europe. The Secretary General of the Council of
p.000109: Europe shall transmit certified copies to each member of the Council of State
p.000109: Europe, to the European Community, to the non-member States which have
p.000109: involved in the elaboration of this Convention, and any State invited to it
p.000109: accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO
p.000109: THE CONVENTION FOR THE
p.000109: PROTECTION OF HUMAN
p.000109: RIGHTS AND DIGNITY OF
p.000109: THE HUMAN BEING WITH
p.000109: REGARD TO THE
p.000109: APPLICATION OF BIOLOGY
p.000109: AND MEDICINE, ON THE
p.000109: PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community Signatories to this Additional Protocol to the Convention
p.000109: Protection of Human Rights and the Dignity of the Human Being with regard to the
p.000109: Application of Biology and Medicine,
p.000109: Noting scientific developments in the field of mammalian cloning, particularly
p.000109: through embryo splitting and nuclear transfer,
p.000109: Mindful of the progress that some cloning techniques themselves may bring to it
p.000109: scientific knowledge and its medical application,
p.000109: Considering that cloning of human beings may become technical
p.000109: possibility,
p.000109: Having noted that embryo splitting may occur naturally and sometimes result in
p.000109: the birth of genetically identical twins,
p.000109: Considering however that the instrumentalization of human beings through the
p.000109: deliberate creation of genetically identical human beings is contrary to human
p.000109: dignity and thus constitutes a misuse of biology and medicine,
p.000109: Considering also the serious difficulties of a medical, psychological and social
p.000109: nature that such a deliberate biomedical practice might imply for all the
p.000109: individuals involved,
p.000109: Considering the purpose of the Convention on Human Rights and Biomedicine,
p.000109: in particular the principle referred to in Article 1 aimed at protecting the dignity and
p.000109: identity of all human beings,
p.000109: Have agreed as follows:
p.000109: Article 1.
p.000109: 1. Any intervention seeking to create a human being genetically identical to
p.000109: another human being, whether living or dead, is prohibited.
p.000109: 2. For the purpose of this article, the term human being "genetically identical" to
p.000109: another human being means a human being sharing with another the same
p.000109: nuclear gene set.
p.000109: Article 2.
p.000109: No derogation from the provisions of this Protocol shall be made under Article
p.000109: 26, paragraph 1, of the Convention.
p.000109: Article 3.
p.000109: As between the Parties, the provisions of Articles 1 and 2 of this Protocol shall
p.000109: be provided as additional articles to the Convention and all the provisions of the
p.000109: The Convention shall apply accordingly.
p.000109: Article 4.
p.000109: This Protocol shall be open for signature by the Signatories to the Convention. It is
p.000109: subject to ratification, acceptance or approval. A Signatory may not ratify, accept
p.000109: or approve this Protocol unless it has been previously or simultaneously ratified,
...
p.000109: the following conditions:
p.000109: i. the conditions set out in Article 16 (i) to (iv) are fulfilled,
p.000109: ii. research results have the ability to produce a real and direct benefit to
p.000109: her health,
p.000109: iii. comparative effectiveness research cannot be conducted on individuals who
p.000109: are able to consent,
p.000109: iv. the necessary approval provided for in Article 6 has been given specifically and in writing
p.000109: form, these
p.000109: v. the person concerned has no objection.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, when there is no research
p.000109: the ability to produce results of direct benefit to the health of the person concerned,
p.000109: such research may be approved under the conditions set out in paragraph 1,
p.000109: subparagraph i., iii., iv. and v., and subject to the following additional conditions:
p.000109: i. the research aims to contribute through a much better scientific understanding
p.000109: states of illness or disorder of the individual and contribute to the final achievement
p.000109: results that may be of benefit to the person concerned or to other persons of the same age group
p.000109: or other persons affected by the same disease or disorder or
p.000109: are in the same condition,
p.000109: ii. research entails only minimal risk and minimal burden
p.000109: for the individual concerned.
p.000109: Article 18
p.000109: RESEARCH ON JUMP AND VITRO
p.000109: 1. When law permits research on embryos in vitro, it must provide i
p.000109: adequate embryo protection.
p.000109: 2. It is forbidden to create human embryos for research purposes.
p.000109: VI. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVE DONORS FOR PURPOSE
p.000109: TRANSFERS
p.000109: Article 19
p.000109: GENERAL RULE
p.000109: 1. The taking of an organ or tissue from a living donor for the purpose of transplantation shall be carried out
p.000109: solely for the purpose of treating the recipient and when there is no appropriate organ or tissue
p.000109: deceased persons, and there is no other, approximately equal treatment method.
p.000109: 2. The consent required under Article 5 must be given explicitly and clearly, at
p.000109: in writing.
p.000109: Article 20
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: BODY AND Tissue Transplantation
p.000109: 1. No organ or tissue can be taken from a person who is not
p.000109: capable of giving consent under Article 5.
p.000109: 2. Exceptionally and under the conditions prescribed by law, taking regenerative tissue with
p.000109: A person who is incapable of giving consent can be approved after they have been filled
p.000109: the following conditions:
p.000109: i. no compatible provider capable of consent is available,
p.000109: ii. the recipient is the brother or sister of the donor,
p.000109: iii. the gift must have the purpose of saving the life of the recipient,
p.000109: iv. the approval provided for in Article 6, paragraphs 2 and 3, shall be given clearly and in writing
...
p.000109: 34.,
p.000109: d) any amendment or protocol adopted in accordance with Article 32 and the date when
p.000109: such amendment or protocol shall enter into force,
p.000109: e any statement made under the provisions of Article 35;
p.000109: f) any reservation and withdrawal of a reservation made in accordance with the provisions of Article 36;
p.000109: g) any other act, notification or communication relating to the Convention.
p.000109: In witness whereof, the undersigned, being duly authorized thereto, have signed this one
p.000109: Convention.
p.000109: Done at Oviedo (Asturias) on 4 April 1997, in English and French
p.000109: language, in which both texts are equally authentic, in one copy which will
p.000109: be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall deliver
p.000109: certified transcripts of each Member State of the Council of Europe, the European Community,
p.000109: to the non-member States which have participated in the elaboration of this Convention and to each
p.000109: a State invited to accede to this Convention.
p.000109: ADDITIONAL PROTOCOL TO THE CONVENTION
p.000109: ON THE PROTECTION OF HUMAN RIGHTS
p.000109: AND THE DIGNITIES OF THE HUMAN BEING
p.000109: IN VIEW OF APPLIED BIOLOGY
p.000109: AND MEDICINES FOR THE PROHIBITION OF CLONING
p.000109: HUMAN BEINGS
p.000109: Council of Europe member states, other states and the European Community, signatories
p.000109: of this Additional Protocol to the Convention for the Protection of Human Rights and Dignity
p.000109: the human being with respect to the application of biology and medicine,
p.000109: They are making scientific advances in the field of mammalian cloning, especially through partitioning
p.000109: embryo and nucleus transfer,
p.000109: Aware that the advancement of some cloning techniques can be scientific
p.000109: cognition and its application in medicine,
p.000109: Considering that cloning of human beings can become technically possible,
p.000109: Keeping in mind that division of the embryo can occur naturally, and sometimes
p.000109: result in the birth of genetically identical twins,
p.000109: Considering, however, that the use of human beings in deliberate creation is genetic
p.000109: of identical beings is contrary to human dignity and thus constitutes abuse
p.000109: biology and medicine,
p.000109: Considering the same serious medical, psychological and social difficulties
p.000109: of nature, such deliberate biomedical practices may be for everyone involved
p.000109: individuals,
p.000109: Considering the purpose of the Convention on Human Rights and Biomedicine, in particular
p.000109: the principle set out in Article 1 aimed at protecting the dignity and identity of all
p.000109: human beings,
p.000109: They agreed as follows:
p.000109: Article 1
p.000109: 1. Any procedure intended to create a human being genetically is prohibited
p.000109: identical to another human being, whether alive or dead.
p.000109: 2. For the purposes of applying this Article, the term human being "genetically identical"
p.000109: to another human being means a human being who shares the same set of genes with another
p.000109: cell nuclei.
p.000109: Article 2
p.000109: No restriction on the application of this Protocol shall be permitted under Article 26, paragraph
p.000109: Of the Convention.
p.000109: Article 3
p.000109: The Parties consider the provisions of Articles 1 and 2 of this Protocol additional articles
p.000109: Of the Convention, and all the provisions of the Convention shall apply accordingly.
p.000109: Article 4
p.000109: This Protocol shall be open for signature by the signatories to the Convention. The same is subject
p.000109: ratification, acceptance or approval. A signatory may not ratify, accept or
p.000109: to approve this Protocol if it has not, at the same time or at the same time ratified, accepted or
...
p.000109: Recognizing the need to protect individual rights and freedoms, and
p.000109: preventing the commercialization of parts of the human body involved in supply,
p.000109: exchange and allocation of organs and tissues, to facilitate the taking and
p.000109: organ and tissue transplants in the interest of patients in Europe,
p.000109: Taking into account the previous work of the Committee of Ministers and the Parliamentary Assembly
p.000109: The Council of Europe in this field,
p.000109: Deciding to take such measures as are necessary to preserve the human
p.000109: the dignity and rights and fundamental freedoms of the individual with regard to taking and
p.000109: organ and tissue transplantation,
p.000109: They agreed as follows:
p.000109: Chapter I.
p.000109: SUBJECT MATTER AND SCOPE
p.000109: Article 1
p.000109: SCOPE
p.000109: The Parties to this Protocol shall protect the dignity and identity of each individual and
p.000109: guarantee, without discrimination, respect for his or her integrity and others
p.000109: rights and fundamental freedoms regarding the taking and transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol shall apply to cases of organ harvesting and transplantation and
p.000109: tissues of human origin that have been carried out for the purpose of treatment.
p.000109: 2. The provisions of this Protocol relating to tissues shall also apply to
p.000109: cells, including hematopoietic stem cells.
p.000109: 3. The Protocol shall not apply to:
p.000109: a. organs and tissues for reproduction,
p.000109: b. organs and tissues of the embryo or fetus,
p.000109: c. blood and blood derivatives.
p.000109: 4. For the purposes of the Protocol
p.000109: - the term "transplantation" covers the whole process of taking an organ or tissue
p.000109: from one person and transplanting that organ or tissue to another person, including everyone
p.000109: preparation, preservation and storage procedures,
p.000109: - the term "taking" refers to taking for the purpose of transplantation.
p.000109: II. Chapter
p.000109: GENERAL PROVISIONS
p.000109: Article 3
p.000109: SYSTEM OF TAKING AND TRANSITION OF HUMAN BODIES IN
p.000109: PURPOSE OF TREATMENT
p.000109: The parties guarantee that there is a system that gives patients fair access
p.000109: services.
p.000109: In accordance with the provisions of Chapter III, organs and, where appropriate, organs and tissues
p.000109: will only be assigned to patients on the official waiting list, in accordance with
p.000109: transparent, objective and generally accepted medical criteria. Inside
p.000109: these criteria will designate the persons or bodies responsible for the award decision.
p.000109: In the case of an agreement on the international exchange of organs, the procedures must also
p.000109: ensure justified, efficient allocation in principle by participating States
p.000109: solidarity within each state.
p.000109: Organ and tissue collection and transplantation systems ensure collection and recording
p.000109: data required for traceability of organs and tissues.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any organ and tissue transplant procedure must be performed in accordance with
p.000109: appropriate professional obligations and standards.
p.000109: Article 5
p.000109: NOTICE TO THE RECIPIENTS
...
Social / gender
Searching for indicator gender:
(return to top)
p.000109: individual.
p.000109: Article 9
p.000109: PREVIOUSLY WISHED
p.000109: The previously expressed wishes regarding the patient's medical intervention will be taken into account
p.000109: who at the time of the procedure is unable to express his wishes.
p.000109: III. Chapter
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for his private life as regards his information
p.000109: health.
p.000109: 2. Everyone is empowered to know any information they may have about their health.
p.000109: However, the wishes of individuals not to be informed will be respected.
p.000109: 3. In exceptional cases, use restrictions may be imposed by law
p.000109: rights contained in paragraph 2 in the interest of the patient.
p.000109: IV. Chapter
p.000109: THE HUMAN GENOM
p.000109: Article 11
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the basis of his or her genetic character is forbidden
p.000109: inheritance.
p.000109: Article 12
p.000109: GENETIC TEST PREVIEWS
p.000109: Tests that predict genetic diseases or serve to identify subjects as
p.000109: the carrier of a gene responsible for the disease or for detecting a genetic predisposition or
p.000109: susceptibility to the disease can only be done for health purposes or for work
p.000109: scientific research related to health purposes and related
p.000109: genetic counseling.
p.000109: Article 13
p.000109: WORK ON THE HUMAN GENOMA
p.000109: Human genome-wide intervention can only be undertaken for
p.000109: preventive, diagnostic or therapeutic purposes, and only if its purpose is not to introduce it
p.000109: any alteration in the genome of any offspring.
p.000109: Article 14
p.000109: GENDER SELECTION
p.000109: The use of medically assisted procreation procedures for the purpose is not permitted
p.000109: choosing the sex of the future child, except to avoid serious hereditary illness
p.000109: related to gender.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15
p.000109: GENERAL RULE
p.000109: Scientific research regarding the application of biology and medicine is being done
p.000109: freely subject to the provisions of this Convention and other legal provisions
p.000109: which ensure the protection of the human being.
p.000109: Article 16
p.000109: PROTECTION OF THE RESEARCHERS
p.000109: Research on a person can only be undertaken if all of the following are completed
p.000109: conditions:
p.000109: i. there is no alternative of comparable effectiveness to human research,
p.000109: ii. the risks to which that person is exposed are not disproportionate to the potential benefits of
p.000109: research,
p.000109: iii. the research project was approved by the competent authority after independent testing
p.000109: its scientific values, including the importance of the research objective and
p.000109: multidisciplinary evaluation of its ethical acceptability,
p.000109: iv. that the persons subjected to the survey are informed of their rights and guarantees
p.000109: prescribed by law for their protection,
p.000109: v. that the requisite consent provided for in Article 5 has been obtained expressly and specifically, and
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: RESEARCH
...
Social / parents
Searching for indicator parent:
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p.000109: certified copies to each member state of the Council of Europe, non-member countries
p.000109: who have participated in the drafting of this Protocol and any State called upon to do so
p.000109: accession to this Protocol and to the European Community.
p.000109: Article 3
p.000109: In accordance with Article 36 of the Convention for the Protection of Human Rights and Human Dignity
p.000109: beings in the application of biology and medicine: the Convention on Human Rights and
p.000109: biomedicine, the Republic of Croatia places the following reservation on the conditions prescribed
p.000109: Article 20 (2), subparagraph ii. Conventions:
p.000109: The Republic of Croatia excludes the application of the restriction contained in Article 20.
p.000109: paragraph 2, subparagraph ii of the Convention, which exceptionally allows removal
p.000109: regenerative tissue from a person who is incapable of giving consent only if there is none
p.000109: at the disposal of a compatible donor able to consent, and the recipient
p.000109: is the donor brother or sister. The specified restriction is not allowed
p.000109: the removal of regenerative tissue (bone marrow) from a minor in favor
p.000109: parents. Such a restriction is not in accordance with the applicable Law of the Republic
p.000109: Of Croatia - Law on Conditions for Taking and Transplanting Parts of the Human Body
p.000109: (Official Gazette 53/91), which permits the transplantation of regenerative tissue
p.000109: from a minor for the benefit of the parent. The Republic of Croatia is thus protecting the vital
p.000109: the interests of the minor donor because it saves the life of his parent who
p.000109: is necessary.
p.000109: The Republic of Croatia shall apply Article 20 (2) (ii)
p.000109: Conventions, in the way that the recipient is: the donor’s parent, brother or sister.
p.000109: Article 4
p.000109: Ministries and other state bodies are responsible for the implementation of this Law
p.000109: the administration of the Republic of Croatia, within the scope of which certain rights are exercised
p.000109: provided for in the Convention and the additional protocols.
p.000109: Article 5
p.000109: On the date of the entry into force of this Act, the Convention and the additional protocols referred to in
p.000109: Article 1 of this Law for the Republic of Croatia are not in force, and so will the data
p.000109: of their entry into force subsequently, in accordance with the provisions of Article 30.
p.000109: paragraph 3 of the Law on Conclusion and Execution of International Treaties.
p.000109: Article 6
p.000109: This Law shall enter into force on the eighth day after its publication in the Official Gazette
p.000109: newspaper «.
p.000109: Class: 018-05 / 03-01 / 06
p.000109: Zagreb, 14 July 2003
p.000109: CROATIAN PARLIAMENT
p.000109: The President
p.000109: Of the Croatian Parliament
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the health field, including research, must be carried out in
p.000109: compliance with relevant professional obligations and standards.
p.000109: Chapter II.
p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
p.000109: The opinion of the minor should be taken into account as an increasingly
p.000109: determining factor in proportion to his or her age and degree of maturity.
p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
...
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
...
p.000109: to this Convention except those prescribed by law and which are necessary in a democratic manner
p.000109: society for the sake of public safety, crime prevention, public protection
p.000109: or to protect the rights and freedoms of others.
p.000109: 2. The restrictions provided for in the preceding paragraph may not apply to an article
p.000109: 11, 13, 14, 16, 17, 19, 20 and 21
p.000109: Article 27
p.000109: WIDER PROTECTION
p.000109: None of the provisions of this Convention shall be construed as limiting or limiting
p.000109: otherwise it affects the possibility that the party recognizes broader protection in relation to
p.000109: applying biology and medicine than provided for in this Convention.
p.000109: Chapter X
p.000109: PUBLIC DISCUSSION
p.000109: Article 28
p.000109: PUBLIC DISCUSSION
p.000109: The Parties to this Convention must ensure that the essential questions arising from the
p.000109: the development of biology and medicine are subject to appropriate public debate,
p.000109: especially in the light of relevant medical, social, economic, ethical and
p.000109: legal implications, and making their possible application subject
p.000109: appropriate consultation.
p.000109: XI. Chapter
p.000109: INTERPRETATION AND MONITORING OF THE CONVENTION
p.000109: Article 29
p.000109: INTERPRETATION OF THE CONVENTION
p.000109: The European Court of Human Rights can give, without directly referring to any
p.000109: special proceedings pending in court, advisory opinion on legal
p.000109: questions concerning the interpretation of this Convention upon request:
p.000109: - the governments of a party, after being notified to the other parties,
p.000109: - a committee set up under Article 32, with membership limited to
p.000109: representatives of the Parties to the Convention, on the basis of a decision to be taken
p.000109: by a two-thirds majority of the votes cast.
p.000109: Article 30
p.000109: CONVENTION APPLICATION REPORTS
p.000109: Upon receipt of a request from the Secretary General of the Council of Europe, each Party shall be bound
p.000109: provide an explanation of how its internal law provides real
p.000109: application of any provision of the Convention.
p.000109: XII. Chapter
p.000109: PROTOCOLS
p.000109: Article 31
p.000109: PROTOCOLS
p.000109: Protocols may be concluded, in accordance with Article 32, for the purpose of elaboration on particulars
p.000109: areas, the principles enshrined in this Convention.
p.000109: The Protocols are open for signature by the signatories to the Convention. They are submissive
p.000109: ratification, acceptance or approval. A signatory may not ratify, accept or
p.000109: approve protocols without first or simultaneously ratifying, accepting or
p.000109: approval of the Convention.
p.000109: XIII. Chapter
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: Article 32
p.000109: AMENDMENTS TO THE CONVENTION
p.000109: 1. The tasks assigned to the Committee referred to in this Article and Article 29 shall be carried out by the Administrative Board
p.000109: the Bioethics Committee (CDBI), or any other committee designated by the Committee of Ministers.
p.000109: 2. Without prejudice to the specific provisions of Article 29, each Member State
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General/Other / Public Emergency
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p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
p.000109: harm is likely to result in his or her health.
p.000109: Article 8.
p.000109: EMERGENCYXSITUATION
p.000109: When due to an emergency the appropriate consent cannot be
p.000109: obtained, any medically necessary intervention may be carried out immediately
p.000109: for the benefit of the health of the individual concerned.
p.000109: Article 9.
p.000109: PREVIOUSLY EXPRESSED WISHES
p.000109: The previously expressed wishes related to medical intervention by a patient
p.000109: who is not, at the time of intervention, in a state to express his or her wishes
p.000109: will be taken into account.
p.000109: Chapter III.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for private life in relation to information
p.000109: about his or her health.
p.000109: 2. Everyone is invited to know any information collected about his or her health.
p.000109: However, the wishes of individuals are not to be informed should be observed.
p.000109: 3. In exceptional cases, restrictions may be placed by law on the exercise of the
p.000109: rights contained in paragraph 2. in the interests of the patient.
p.000109: Chapter IV.
p.000109: HUMAN GENOME
p.000109: Article 11.
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the grounds of his or her genetic
p.000109: heritage is prohibited.
p.000109: Article 12.
p.000109: PREDICTIVE GENETIC TESTS
p.000109: Tests that are predictive of genetic diseases or which serve either to identify
p.000109: the subject as a carrier of a gene responsible for a disease or for detecting a genetic
p.000109: predisposition or susceptibility to a disease may be performed solely for health
p.000109: purposes or for scientific research related to health purposes, and subject to
p.000109: appropriate genetic counseling.
p.000109: Article 13.
p.000109: INTERVENTIONS ON THE HUMAN GENOME
...
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
p.000109: If due to an emergency, proper consent cannot be obtained, any
p.000109: a medically necessary procedure can be carried out immediately in favor of the health of the person concerned
p.000109: individual.
p.000109: Article 9
p.000109: PREVIOUSLY WISHED
p.000109: The previously expressed wishes regarding the patient's medical intervention will be taken into account
p.000109: who at the time of the procedure is unable to express his wishes.
p.000109: III. Chapter
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for his private life as regards his information
p.000109: health.
p.000109: 2. Everyone is empowered to know any information they may have about their health.
p.000109: However, the wishes of individuals not to be informed will be respected.
p.000109: 3. In exceptional cases, use restrictions may be imposed by law
p.000109: rights contained in paragraph 2 in the interest of the patient.
p.000109: IV. Chapter
p.000109: THE HUMAN GENOM
p.000109: Article 11
p.000109: NON-DISCRIMINATION
p.000109: Any form of discrimination against a person on the basis of his or her genetic character is forbidden
p.000109: inheritance.
p.000109: Article 12
p.000109: GENETIC TEST PREVIEWS
p.000109: Tests that predict genetic diseases or serve to identify subjects as
p.000109: the carrier of a gene responsible for the disease or for detecting a genetic predisposition or
p.000109: susceptibility to the disease can only be done for health purposes or for work
p.000109: scientific research related to health purposes and related
p.000109: genetic counseling.
p.000109: Article 13
p.000109: WORK ON THE HUMAN GENOMA
p.000109: Human genome-wide intervention can only be undertaken for
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General/Other / Relationship to Authority
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p.000109: access to health care of appropriate quality.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the health field, including research, must be carried out in
p.000109: compliance with relevant professional obligations and standards.
p.000109: Chapter II.
p.000109: CONSENT
p.000109: Article 5.
p.000109: GENERAL RULE
p.000109: An intervention in the health field may only be carried out after the person
p.000109: concerned has given free and informed consent to it.
p.000109: This person should be given appropriate information beforehand as to the purpose
p.000109: and the nature of the intervention as well as its consequences and risks.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 6.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT
p.000109: 1. Subject to Articles 17 and 20 below, an intervention may only be carried out
p.000109: on a person who does not have the capacity to consent, for his or her direct
p.000109: benefit.
p.000109: 2. Where, according to law, a minor does not have the capacity to consent to an
p.000109: intervention, the intervention may only be carried out with the authorization of his
p.000109: or her representative or an authority or a person or body provided for by law.
p.000109: The opinion of the minor should be taken into account as an increasingly
p.000109: determining factor in proportion to his or her age and degree of maturity.
p.000109: 3. Where, according to law, an adult does not have the capacity to consent to an
p.000109: intervention because of mental disability, a disease or for similar reasons, the
p.000109: intervention may only be carried out with the authorization of his or her
p.000109: a representative or an authority or a person or body provided for by law.
p.000109: The individual concerned shall be as far as possible to take part in the authorization
p.000109: procedures.
p.000109: 4. The representative, the authority, the person or the body mentioned in
p.000109: paragraphs 2 and 3 above shall be given, under the same conditions, the
p.000109: information referred to in Article 5.
p.000109: 5. The authorization referred to in paragraphs 2 and 3 above may be withdrawn
p.000109: at any time in the best interests of the person concerned.
p.000109: Article 7.
p.000109: PROTECTION OF PERSONS WHO HAVE A MENTAL DISORDER
p.000109: Subject to protective conditions prescribed by law, including supervisory, control
p.000109: and appeal procedures, a person who has a mental disorder of a serious nature
p.000109: may be subjected, without his or her consent, to an intervention directed at
p.000109: treating his or her mental disorder only where, without such treatment, serious
p.000109: harm is likely to result in his or her health.
p.000109: Article 8.
p.000109: EMERGENCYXSITUATION
p.000109: When due to an emergency the appropriate consent cannot be
p.000109: obtained, any medically necessary intervention may be carried out immediately
p.000109: for the benefit of the health of the individual concerned.
p.000109: Article 9.
p.000109: PREVIOUSLY EXPRESSED WISHES
p.000109: The previously expressed wishes related to medical intervention by a patient
p.000109: who is not, at the time of intervention, in a state to express his or her wishes
p.000109: will be taken into account.
p.000109: Chapter III.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10.
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for private life in relation to information
p.000109: about his or her health.
...
p.000109: to his or her health,
p.000109: iii. research on comparable effectiveness cannot be carried out on individuals
p.000109: capable of giving consent,
p.000109: iv. the necessary authorization provided for under Article 6. has been given
p.000109: specifically and in writing, and
p.000109: v. the person concerned does not object.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, where
p.000109: The research has no potential to produce direct benefit results
p.000109: the health of the person concerned, such research may be an authorized subject to the
p.000109: conditions laid down in paragraph 1, sub-paragraphs i, iii, iv and v above, and to
p.000109: the following additional conditions:
p.000109: i. research has the goal of contributing, through significant improvement in
p.000109: the scientific understanding of the individual condition, disease or disorder, to
p.000109: the ultimate attainment of results capable of conferring benefit to the person
p.000109: concerned or to other persons in the same age category or afflicted with the
p.000109: the same disease or disorder or having the same condition,
p.000109: ii. the research entails only minimal risk and minimal burden for the individual
p.000109: concerned.
p.000109: Article 18.
p.000109: RESEARCH ON EMBRYOS IN WITRO
p.000109: 1. Where law permits research on embryos in vitro, it shall ensure adequate
p.000109: protection of the embryo.
p.000109: 2. The creation of human embryos for research purposes is prohibited.
p.000109: Chapter VI.
p.000109: AUTHORITY AND TISSUE REMOVAL FROM LIVING DONORS FOR
p.000109: TRANSPLANTATION PURPOSES
p.000109: Article 19.
p.000109: GENERAL RULE
p.000109: 1. Removal of organs or tissue from a living person for transplantation purposes
p.000109: may be carried out solely for the therapeutic benefit of the recipient and where
p.000109: there is no suitable organ or tissue available from a deceased person and no
p.000109: other alternative therapeutic method of comparable effectiveness.
p.000109: 2. The necessary consent as provided for under Article 5. must have been given
p.000109: expressly and specifically either in a written form or before an official body.
p.000109: Article 20.
p.000109: PROTECTION OF PERSONS NOT ABLE TO CONSENT TO AUTHORITY
p.000109: REMOVAL
p.000109: 1. No organ or tissue removal may be carried out on a person who does not
p.000109: have the capacity to consent under Article 5.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, the
p.000109: removal of regenerative tissue from a person who does not have the capacity to
p.000109: The following conditions are met:
p.000109: i. there is no compatible donor available who has the capacity to consent,
p.000109: ii. the recipient is a brother or sister of the donor,
p.000109: iii. the donation must have the potential to be life-saving for the recipient,
p.000109: iv. the authorization provided for under paragraphs 2. and 3. of Article 6. has
p.000109: were given specifically and in writing, in accordance with the law and with the
p.000109: approval of the competent body,
p.000109: v. The potential donor concerned does not object.
p.000109: Chapter VII.
p.000109: PROHIBITION OF FINANCIAL GAIN AND DISPOSAL OF A PART OF THE
p.000109: HUMAN BODY
p.000109: Article 21.
p.000109: PROHIBITION OF FINANCIAL GAIN
p.000109: The human body and its parts should not, as such, give rise to financial gain.
p.000109: Article 22.
p.000109: DISPOSAL OF A REMOVED PART OF THE HUMAN BODY
p.000109: When in the course of an intervention any part of a human body is removed, it
p.000109: may be stored and used for a purpose other than that for which it was removed,
p.000109: only if this is done in conformity with appropriate information and consent
p.000109: procedures.
p.000109: Chapter VIII.
...
p.000109: The transplantation system will ensure the collection and recording of the
p.000109: information required to ensure traceability of organs and tissues.
p.000109: Article 4.
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of organ or tissue transplantation must be carried out
p.000109: out in compliance with relevant professional obligations and standards.
p.000109: Article 5.
p.000109: INFORMATION FOR THE RECIPIENT
p.000109: The recipient and, where appropriate, the person or body providing authorization
p.000109: for the implantation should be given beforehand appropriate information as to the
p.000109: purpose and nature of implantation, its consequences and risks, as well as
p.000109: on the alternatives to the intervention.
p.000109: Article 6.
p.000109: HEALTH AND SAFETY
p.000109: All professionals involved in organ or tissue transplantation should take all
p.000109: reasonable measures to minimize the risks of transmission of any disease to the
p.000109: recipient and to avoid any action that might affect the suitability of an organ or
p.000109: Tissue for implantation.
p.000109: Article 7.
p.000109: MEDICAL FOLLOW-UP
p.000109: Appropriate medical follow-ups will be offered to living donors and recipients
p.000109: after transplantation.
p.000109: Article 8.
p.000109: INFORMATION FOR HEALTH PROFESSIONALS AND THE PUBLIC
p.000109: Parties shall provide information for health professionals and for the public in
p.000109: general on the need for organs and tissues. They will also provide information
p.000109: on the conditions relating to the removal and implantation of organs and tissues,
p.000109: including matters concerning consent or authorization, in particular with regard to
p.000109: removal from deceased persons.
p.000109: Chapter III.
p.000109: AUTHORITY AND TISSUE REMOVAL FROM LIVING PERSONS
p.000109: Article 9.
p.000109: GENERAL RULE
p.000109: Removal of organs or tissue from a living person may be carried out solely for
p.000109: the therapeutic benefit of the recipient and where there is no suitable organ or
p.000109: tissue available from a deceased person and no other therapeutic alternative
p.000109: method of comparable effectiveness.
p.000109: Article 10.
p.000109: POTENTIAL AUTHORITY DONORS
p.000109: Organ removal from a living donor may be carried out for the benefit of a
p.000109: recipient with whom the donor has a close personal relationship as defined by
p.000109: law, or, in the absence of such a relationship, only under the conditions defined by
p.000109: law and with the approval of an appropriately independent body.
p.000109: Article 11.
p.000109: EVALUATION OF RISKS FOR THE DONOR
p.000109: Before organ or tissue removal, appropriate medical investigations and
p.000109: interventions will be carried out to evaluate and reduce physical and
p.000109: psychological risks to the health of the donor. The removal may not be carried
p.000109: out if there is a serious risk to the life or health of the donor.
p.000109: Article 12.
p.000109: INFORMATION FOR THE DONOR
p.000109: The donor and, where appropriate, the person or body providing authorization
p.000109: According to Article 14, paragraph 2, this Protocol shall be given beforehand
p.000109: appropriate information as to the purpose and nature of the removal as well as
p.000109: on its consequences and risks.
p.000109: They will also be informed of the rights and safeguards prescribed by law
p.000109: for the protection of the donor. In particular, they will be informed of the right to
p.000109: have access to independent advice on such risks by a health professional
p.000109: having appropriate experience and who is not involved in the organ or tissue
p.000109: removal or subsequent transplantation procedures.
p.000109: Article 13.
p.000109: CONSENT OF THE LIVING DONOR
p.000109: Subjects to Articles 14 and 15 of this Protocol, an organ or tissue may be
p.000109: removed from a living donor only after the person concerned has been given free,
p.000109: informed and specific consent to it either in written form or before an official
p.000109: body.
p.000109: The person concerned may freely withdraw consent at any time.
p.000109: Article 14.
p.000109: Protection of persons not able to consent to organ or tissue removal
p.000109: 1. No organ or tissue removal may be carried out on a person who does not
p.000109: have the capacity to consent under Article 13 of this Protocol.
p.000109: 2. Exceptionally, and under the protective conditions prescribed by law, the
p.000109: removal of regenerative tissue from a person who does not have the capacity to
p.000109: The following conditions are met:
p.000109: i. there is no compatible donor available who has the capacity to consent,
p.000109: ii. the recipient is a brother or sister of the donor,
p.000109: iii. the donation has the potential to be life-saving for the recipient,
p.000109: iv. the authorization of his or her representative or an authority or a person or
p.000109: body provided for by law has been given specifically and in writing and with the
p.000109: approval of the competent body,
p.000109: v. The potential donor concerned does not object.
p.000109: Article 15.
p.000109: CELL REMOVAL FROM A LIVING DONOR
p.000109: The law may provide that the provisions of Article 14, paragraph 2, indents ii and
p.000109: iii, shall not apply to cells insofar as it is established that their removal only
p.000109: implies minimum risk and minimum burden for the donor.
p.000109: Chapter IV.
p.000109: AUTHORITY AND TISSUE REMOVAL FROM DECEASED PERSONS
p.000109: Article 16.
p.000109: DEATH CERTIFICATION
p.000109: Organs or tissues will not be removed from the body of a deceased person
p.000109: unless that person is certified dead in accordance with the law.
p.000109: The doctors certifying the death of a person should not be the same doctors who
p.000109: participate directly in the removal of organs or tissues from the deceased person, or
p.000109: subsequent transplantation procedures, or having responsibilities for the care of
p.000109: potential organ or tissue recipients.
p.000109: Article 17.
p.000109: CONSENT AND AUTHORISATION
p.000109: Organs or tissues will not be removed from the body of a deceased person
p.000109: unless consent or authorization required by law has been obtained.
p.000109: The removal will not be carried out if the deceased person had an objected to it.
p.000109: Article 18.
p.000109: RESPECT FOR THE HUMAN BODY
p.000109: During removal the human body must be treated with respect and all reasonable
p.000109: measures will be taken to restore the appearance of the corpse.
p.000109: Article 19.
p.000109: PROMOTION OF DONATION
p.000109: The Parties shall take all appropriate measures to promote the donation of organs
p.000109: and tissues.
p.000109: Chapter V.
p.000109: IMPLANTATION OF AN ORGAN OR TISSUE REMOVED FOR A PURPOSE
p.000109: OTHER THAN DONATION FOR IMPLANTATION
p.000109: Article 20.
p.000109: IMPLANTATION OF AN ORGAN OR TISSUE REMOVED FOR A PURPOSE
p.000109: OTHER THAN DONATION FOR IMPLANTATION
p.000109: 1. When an organ or tissue is removed from a person for a purpose other than
p.000109: donation for implantation, it may only be implanted if the consequences and
p.000109: possible risks have been explained to that person and his or her informed
p.000109: consent, or appropriate authorization in the case of a person not able to
p.000109: consent has been obtained.
p.000109: 2. All the provisions of this Protocol shall apply to the situations referred to in
p.000109: paragraph 1, except for those in Chapter III. and IV.
p.000109: Chapter VI.
p.000109: PROHIBITION OF FINANCIAL GAIN
p.000109: Article 21.
p.000109: PROHIBITION OF FINANCIAL GAIN
p.000109: 1. The human body and its parts should not, as such, give rise to financial gain or
p.000109: comparable advantage.
p.000109: The aforementioned provision will not prevent payments which do not
p.000109: represents a financial gain or a comparable advantage, in particular:
p.000109: - compensation of living donors for loss of earnings and any other justifiable
p.000109: expenses caused by the removal or by the related medical examinations,
p.000109: - payment of a justifiable fee for legitimate medical or related technical services
p.000109: rendered in connection with transplantation,
p.000109: - compensation in case of undue damage resulting from the removal of organs
p.000109: or tissues from living persons.
p.000109: 2. Advertising the need for, or availability of, organs or tissues, with a view to
p.000109: offering or seeking financial gain or comparable advantage will be prohibited.
p.000109: Article 22.
p.000109: AUTHORITY AND TISSUE TRAFFICKING PROHIBITION
p.000109: Organ and tissue trafficking should be prohibited.
p.000109: Chapter VII.
p.000109: CONFIDENTIALITY
p.000109: Article 23.
p.000109: CONFIDENTIALITY
p.000109: 1. All personal data relating to the person from whom organs or tissues have
p.000109: have been removed and those related to the recipient should be considered to be
p.000109: confidential. Such data may only be collected, processed and communicated
p.000109: according to the rules regarding professional confidentiality and personal data
p.000109: protection.
p.000109: 2. The provisions of paragraph 1 shall be interpreted without prejudice to the latter
p.000109: provisions making possible, subject to appropriate safeguards, the collection,
p.000109: processing and communication of the necessary information about the person
p.000109: from which organs or tissues have been removed or the recipient (s) of organs
p.000109: and tissues in so far as this is required for medical purposes, including
p.000109: traceability, as provided for in Article 3 of this Protocol.
p.000109: Chapter VIII.
p.000109: INFRINGEMENTS OF THE PROVISIONS OF THE PROTOCOL
p.000109: Article 24.
p.000109: INFRINGEMENTS OF RIGHTS OR PRINCIPLES
p.000109: The Parties shall provide appropriate judicial protection to prevent or stop a stop
p.000109: an unlawful violation of the rights and principles set forth in this Protocol at
p.000109: short notice.
p.000109: Article 25.
p.000109: COMPENSATION FOR UNDUE DAMAGE
p.000109: The person who has suffered undue damage resulting from transplantation
p.000109: procedures are entitled to fair compensation according to the conditions and
p.000109: procedures prescribed by law.
p.000109: Article 26.
p.000109: SANCTIONS
...
p.000109: The parties, taking into account the health needs and the resources available, take action
p.000109: appropriate measures to ensure equitable treatment within the area of their competence
p.000109: access to health care of appropriate quality.
p.000109: Article 4
p.000109: PROFESSIONAL STANDARDS
p.000109: Any intervention in the field of health, including research, must be carried out at
p.000109: in accordance with relevant professional obligations and standards.
p.000109: II. Chapter
p.000109: CONNECTION
p.000109: Article 5
p.000109: GENERAL RULE
p.000109: A health-related procedure can only be performed after the person is on
p.000109: The procedure concerned informed him and gave his free consent to it.
p.000109: This person is previously provided with relevant information about the purpose and nature of the procedure
p.000109: as well as its consequences and risks.
p.000109: The person concerned is free to withdraw his or her consent at any time.
p.000109: Article 6
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. Subject to the conditions laid down in Articles 17 and 20, the intervention on a person who is incapable of giving
p.000109: consent can only be exercised for its direct benefit.
p.000109: 2. If, by law, a minor is incapable of consenting to the intervention,
p.000109: the intervention can only be carried out with the approval of its representative or authority, or
p.000109: persons or bodies prescribed by law.
p.000109: The opinion of a minor is taken into account as an increasingly important factor in
p.000109: the proportion of her or his age and the degree of maturity.
p.000109: 3. If, by law, the adult is not capable of consenting to the procedure
p.000109: due to mental disability, illness or similar reasons, the intervention can be performed
p.000109: only with the approval of her representative or authority, or person or other person
p.000109: bodies provided by law.
p.000109: The person concerned shall, as far as possible, participate in the authorization process.
p.000109: 4. To the representative, authority, person or other body referred to in paragraphs 2 and 2 above
p.000109: 3. the information referred to in Article 5 is provided under the same conditions.
p.000109: 5. The approval referred to in paragraphs 2 and 3 above may be withdrawn at any time at
p.000109: the best interests of the person concerned.
p.000109: Article 7
p.000109: PROTECTION OF MENTAL DISORDERS
p.000109: In accordance with the protective conditions prescribed by law, including supervisory,
p.000109: control and appeal procedures, a person with a mental disorder of a serious nature
p.000109: may, without her consent, undergo surgery to treat her
p.000109: mental disorder only if, without such treatment, it would probably have occurred
p.000109: severe damage to her health.
p.000109: Article 8
p.000109: URGENT SITUATION
p.000109: If due to an emergency, proper consent cannot be obtained, any
p.000109: a medically necessary procedure can be carried out immediately in favor of the health of the person concerned
p.000109: individual.
p.000109: Article 9
p.000109: PREVIOUSLY WISHED
p.000109: The previously expressed wishes regarding the patient's medical intervention will be taken into account
p.000109: who at the time of the procedure is unable to express his wishes.
p.000109: III. Chapter
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: Article 10
p.000109: PRIVATE LIFE AND RIGHT TO INFORMATION
p.000109: 1. Everyone has the right to respect for his private life as regards his information
p.000109: health.
p.000109: 2. Everyone is empowered to know any information they may have about their health.
p.000109: However, the wishes of individuals not to be informed will be respected.
...
p.000109: susceptibility to the disease can only be done for health purposes or for work
p.000109: scientific research related to health purposes and related
p.000109: genetic counseling.
p.000109: Article 13
p.000109: WORK ON THE HUMAN GENOMA
p.000109: Human genome-wide intervention can only be undertaken for
p.000109: preventive, diagnostic or therapeutic purposes, and only if its purpose is not to introduce it
p.000109: any alteration in the genome of any offspring.
p.000109: Article 14
p.000109: GENDER SELECTION
p.000109: The use of medically assisted procreation procedures for the purpose is not permitted
p.000109: choosing the sex of the future child, except to avoid serious hereditary illness
p.000109: related to gender.
p.000109: Chapter V.
p.000109: SCIENTIFIC RESEARCH
p.000109: Article 15
p.000109: GENERAL RULE
p.000109: Scientific research regarding the application of biology and medicine is being done
p.000109: freely subject to the provisions of this Convention and other legal provisions
p.000109: which ensure the protection of the human being.
p.000109: Article 16
p.000109: PROTECTION OF THE RESEARCHERS
p.000109: Research on a person can only be undertaken if all of the following are completed
p.000109: conditions:
p.000109: i. there is no alternative of comparable effectiveness to human research,
p.000109: ii. the risks to which that person is exposed are not disproportionate to the potential benefits of
p.000109: research,
p.000109: iii. the research project was approved by the competent authority after independent testing
p.000109: its scientific values, including the importance of the research objective and
p.000109: multidisciplinary evaluation of its ethical acceptability,
p.000109: iv. that the persons subjected to the survey are informed of their rights and guarantees
p.000109: prescribed by law for their protection,
p.000109: v. that the requisite consent provided for in Article 5 has been obtained expressly and specifically, and
p.000109: that it is documented. Such consent may be freely withdrawn at any time.
p.000109: Article 17
p.000109: PROTECTION OF DISABLED PERSONS
p.000109: RESEARCH
p.000109: 1. Research on a person who does not have the ability to consent as is
p.000109: provided for in Article 5 can only be taken on condition that all are fulfilled
p.000109: the following conditions:
p.000109: i. the conditions set out in Article 16 (i) to (iv) are fulfilled,
p.000109: ii. research results have the ability to produce a real and direct benefit to
p.000109: her health,
p.000109: iii. comparative effectiveness research cannot be conducted on individuals who
p.000109: are able to consent,
p.000109: iv. the necessary approval provided for in Article 6 has been given specifically and in writing
p.000109: form, these
p.000109: v. the person concerned has no objection.
p.000109: 2. Exceptionally and under the protective conditions prescribed by law, when there is no research
p.000109: the ability to produce results of direct benefit to the health of the person concerned,
...
p.000109: appropriate professional obligations and standards.
p.000109: Article 5
p.000109: NOTICE TO THE RECIPIENTS
p.000109: The recipient and, where appropriate, the person or body authorizing the transplant
p.000109: will be informed in advance of the purpose and nature of the transplant,
p.000109: consequences and risks as well as alternatives to the intervention.
p.000109: Article 6
p.000109: HEALTH AND SAFETY
p.000109: All experts involved in the process of taking and transplanting an organ or tissue
p.000109: take all reasonable measures to reduce the risk of transmission of any disease
p.000109: the recipient and avoid any action that might affect the eligibility of the organ
p.000109: or transplant tissues.
p.000109: Article 7
p.000109: HEALTH MONITORING
p.000109: After organ harvesting and transplanting, to living donors and recipients,
p.000109: adequate health monitoring is ensured.
p.000109: Article 8
p.000109: NOTICE TO HEALTH WORKERS AND THE PUBLIC
p.000109: The parties inform health professionals and the public about the need for organs and
p.000109: tissues. It will also give notice of conditions for organ harvesting and transplantation
p.000109: and tissues, including issues related to consent, especially with respect to
p.000109: organ harvesting from a deceased person.
p.000109: III. Chapter
p.000109: TAKING BODIES AND TISSUES FROM LIVING PERSONS
p.000109: Article 9
p.000109: GENERAL RULES
p.000109: Taking organs or tissues from a living donor is for purely purposes
p.000109: treatment of the recipient and when there is no appropriate organ or tissue of the deceased person,
p.000109: and there is no other, approximately equal, treatment method.
p.000109: Article 10
p.000109: POTENTIAL AUTHORITY GIFTS
p.000109: Organ harvesting from a living donor can be done for the benefit of the recipient s
p.000109: by which the donor is in a close emotional relationship, as defined by law, or, at
p.000109: lack of such connection, only under the conditions laid down by law and with
p.000109: the approval of the appropriate independent body.
p.000109: Article 11
p.000109: RISK ASSESSMENT FOR DONOR
p.000109: Before taking an organ or tissue, appropriate medical examinations and tests are performed
p.000109: interventions to assess and reduce physical and psychological health risks
p.000109: of the donor. Taking will not be carried out if there is a serious risk to life or
p.000109: donor health.
p.000109: Article 12
p.000109: NOTICE TO THE DONORS
p.000109: The donor and, where justified, the person or body empowering the
p.000109: Article 14, paragraph 2, of this Protocol, shall receive an appropriate advance
p.000109: information on the purpose and nature of the intake and the consequences and risks.
p.000109: They will also be informed of the rights prescribed by law for the purpose
p.000109: donor protection. In particular, they will be informed of the right to impartial advice for
p.000109: possible risks by a healthcare professional who has appropriate experience and
p.000109: which does not participate in the subsequent process of organ and tissue removal and transplantation.
p.000109: Article 13
p.000109: CONSTITUTION OF A LIVING GIFT
p.000109: According to Articles 14 and 15 of this Protocol, an organ or tissue may be taken alive
p.000109: of the donor, provided that the person concerned is informed and is in favor
p.000109: the procedure gave free consent in writing.
p.000109: The donor is free to withdraw his or her consent at any time.
p.000109: Article 14
p.000109: PROTECTION OF PERSONS WHO ARE NOT ABLE TO GIVE ACCEPT
p.000109: 1. It is not allowed to take organs or tissues from a person who is unable to give
p.000109: consent under Article 13 of this Protocol.
p.000109: 2. Exceptionally and under the conditions prescribed by law, the taking may be authorized
p.000109: regenerative tissue from a person who is incapable of giving consent after they have
p.000109: the following conditions are met:
p.000109: (i) there is no compatible donor available to consent,
p.000109: (ii) the recipient is the brother or sister of the donor,
p.000109: (iii) the gift must have the purpose of saving the life of the recipient;
p.000109: (iv) the approval of his or her legal representative or competent authority
p.000109: provided for by law is given clearly and in writing,
p.000109: (v) the potential donor does not object.
p.000109: Article 15
p.000109: TAKING STATIONS FROM A LIVING GIFT
p.000109: The law may provide that the provisions of Article 14, paragraph 2, point (ii) of that point
p.000109: (iii) not apply to cells if their uptake is found to include
p.000109: only minimal risk and minimal burden on the donor.
p.000109: IV. Chapter
p.000109: TAKING BODIES AND Tissues From A Deceased Person
p.000109: Article 16
p.000109: CERTIFICATE OF DEATH
p.000109: Organs and tissues will not be taken from the body of a deceased person unless that person is
p.000109: officially declared dead in accordance with the law.
p.000109: Doctors who issue a death certificate may not be the same participating physicians
p.000109: in the taking of organs or tissues from a deceased person or who are responsible for the care of
p.000109: potential organ or tissue recipients.
p.000109: Article 17
p.000109: CONNECTION
p.000109: Organs or tissues will not be taken from the body of a deceased person unless obtained
p.000109: consent in accordance with the law.
p.000109: The taking is not carried out if the deceased person objected.
p.000109: Article 18
p.000109: DIGNITY OF THE HUMAN BODY
p.000109: When taking organs and tissues from a deceased person, it is necessary to treat them
p.000109: due respect and take all measures to ensure that the appearance of the deceased person remains
p.000109: unchanged.
p.000109: Article 19
p.000109: PROMOTION OF BODIES AND TISSUE GIFTS
p.000109: The Parties shall take all appropriate measures to promote the gift
p.000109: organs and tissues.
p.000109: Chapter V.
p.000109: TRANSFER OF BODIES OR TISSUES TAKEN FOR ANOTHER PURPOSE, NOT WORKING
p.000109: TRANSFERS
p.000109: Article 20
...
Orphaned Trigger Words
p.000109: Of the EUROPEAN COURT OF JUSTICE I hereby declare the Law on Ratification of the Convention for the Protection of Human Rights i
p.000109: HUMAN RIGHTS The dignity of the human being with respect to the application of biology and medicine: The Convention on the
p.000109: Human Rights and Biomedicine, Additional Protocol to the Convention on Protection
p.000109: human rights and the dignity of the human being with respect to the application of biology and
p.000109: medicine on the prohibition of cloning of human beings and the Additional Protocol to the Convention on
p.000109: the protection of human rights and the dignity of the human being with respect to the application of biology and
p.000109: medicine, regarding the transplantation of organs and tissues of human origin, which he brought
p.000109: Croatian Parliament at its session of 14 July 2003
p.000109: No: 01-081-03-2606 / 2
p.000109: Zagreb, 16 July 2003
p.000109: The President
p.000109: Of the Republic of Croatia
p.000109: Stjepan Mesic, v. r.
p.000109: LAW
p.000109: APPROVAL OF THE CONVENTION
p.000109: PROTECTION OF HUMAN RIGHTS AND
p.000109: Dignities of the human being in
p.000109: APPLICATION OF BIOLOGY I
p.000109: MEDICINE: HUMAN CONVENTIONS
p.000109: RIGHTS AND BIOMEDICINE,
p.000109: ADDITIONAL PROTOCOL WITH
p.000109: CONVENTION ON THE PROTECTION OF HUMANS
p.000109: HUMAN RIGHTS AND DIGNITIES
p.000109: BEING IN VIEW OF APPLIED BIOLOGY I
p.000109: CLONING PROHIBITION MEDICINE
p.000109: HUMAN BEINGS
p.000109: AND THE ADDITIONAL PROTOCOL WITH
p.000109: CONVENTION ON THE PROTECTION OF HUMANS
p.000109: HUMAN RIGHTS AND DIGNITIES
p.000109: BEING IN VIEW OF APPLIED BIOLOGY I
p.000109: MEDICINE RELATING TO TRANSFERS
p.000109: BODIES AND TISSUES OF HUMAN ORIGIN
p.000109: Article 1
p.000109: The Convention for the Protection of Human Rights and Dignity of the Human Being is hereby approved
p.000109: on the application of biology and medicine: the Convention on Human Rights and
p.000109: biomedicine, done at Oviedo, 4 April 1997, in the English version and
p.000109: French, which entered into force on 1 December 1999.
p.000109: The Additional Protocol to the Convention for the Protection of Human Rights and
p.000109: the dignity of the human being with respect to the application of biology and prohibition medicine
p.000109: cloning human beings, done at Paris, 12 January 1998, in the original at
p.000109: English and French, effective March 1, 2001.
p.000109: The Additional Protocol to the Convention for the Protection of Human Rights and
p.000109: the dignity of the human being with respect to the application of biology and medicine in connection
p.000109: transplantation of organs and tissues of human origin, done at Strasbourg, 24.
p.000109: January 2002, in the English and French languages.
p.000109: Article 2
p.000109: The text of the Convention and the additional protocols referred to in Article 1 of this Law, in the original
p.000109: in English, and translated into Croatian reads:
p.000109: CONVENTION FOR THE PROTECTION OF
p.000109: HUMAN RIGHTS AND DIGNITY OF THE
p.000109: HUMAN BEING WITH REGARD TO THE
p.000109: APPLICATION OF BIOLOGY AND
p.000109: MEDICINE: CONVENTION ON HUMAN
p.000109: RIGHTS AND BIOMEDICINE
p.000109: PREAMBLE
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community, signatories hereto,
p.000109: Bearing in mind the Universal Declaration of Human Rights proclaimed by the
p.000109: United Nations General Assembly on 10 December 1948,
...
p.000109: The member States of the Council of Europe, the other States and the European
p.000109: Community signatories to this Additional Protocol to the Convention
p.000109: Protection of Human Rights and the Dignity of the Human Being with regard to the
p.000109: Application of Biology and Medicine (hereinafter referred to as “Convention on
p.000109: Human Rights and Biomedicine ”),
p.000109: Considering that the aim of the Council of Europe is the achievement of greater
p.000109: unity between its members and that one of the methods by which this aim is
p.000109: pursued is the maintenance and further realization of human rights and
p.000109: fundamental freedoms,
p.000109: Considering that the aim of the Convention on Human Rights and Biomedicine,
p.000109: as defined in Article 1, is to protect the dignity and identity of all human beings
p.000109: and guarantee everyone, without discrimination, respect for their integrity and
p.000109: other rights and fundamental freedoms with regard to the application of biology
p.000109: and medicine,
p.000109: Considering that progress in medical science, in particular in the field of organ
p.000109: and tissue transplantation, contributing to saving lives or greatly improving theirs
p.000109: quality,
p.000109: Considering that transplantation of organs and tissues is an established part of
p.000109: the health services offered to the population,
p.000109: Considering that, in view of the shortage of organs and tissues, appropriate
p.000109: action should be taken to increase organ and tissue donation, in particular by
p.000109: informing the public of the importance of organ and tissue transplantation and by
p.000109: promoting European co-operation in this field,
p.000109: Considering moreover the ethical, psychological and socio-cultural problems
p.000109: inherent in the transplantation of organs and tissues,
p.000109: Considering that the misuse of organ and tissue transplantation may lead to acts
p.000109: endangering human life, well being or dignity,
p.000109: Considering that organ and tissue transplantation should take place under
p.000109: conditions protecting the rights and freedoms of donors, potential donors and
p.000109: recipients of organs and tissues and that institutions must be instrumental in
p.000109: ensuring such conditions,
p.000109: Recognizing that, in facilitating the transplantation of organs and tissues in the
p.000109: interest of patients in Europe, there is a need to protect individual rights and
p.000109: freedoms and to prevent the commercialization of parts of the human body
p.000109: involved in organ and tissue procurement, exchange and distribution activities,
p.000109: Taking into account previous work of the Committee of Ministers and the
p.000109: Parliamentary Assembly of the Council of Europe in this field,
p.000109: Resolving to take such measures as necessary to safeguard human dignity
p.000109: and the rights and fundamental freedoms of the individual with regard to the organ
p.000109: and tissue transplantation,
p.000109: Have agreed as follows:
p.000109: Chapter I.
p.000109: OBJECT AND SCOPE
p.000109: Article 1.
p.000109: OBJECT
p.000109: The Parties to this Protocol shall protect the dignity and identity of everyone and
p.000109: guarantee, without discrimination, respect for his or her integrity and other rights
p.000109: and fundamental freedoms with regard to transplantation of organs and tissues
p.000109: of human origin.
p.000109: Article 2.
p.000109: SCOPE AND DEFINITIONS
p.000109: 1. This Protocol applies to the transplantation of organs and tissues of human
...
p.000109: IV. Chapter
p.000109: TAKING BODIES AND Tissues From A Deceased Person
p.000109: Article 16
p.000109: CERTIFICATE OF DEATH
p.000109: Organs and tissues will not be taken from the body of a deceased person unless that person is
p.000109: officially declared dead in accordance with the law.
p.000109: Doctors who issue a death certificate may not be the same participating physicians
p.000109: in the taking of organs or tissues from a deceased person or who are responsible for the care of
p.000109: potential organ or tissue recipients.
p.000109: Article 17
p.000109: CONNECTION
p.000109: Organs or tissues will not be taken from the body of a deceased person unless obtained
p.000109: consent in accordance with the law.
p.000109: The taking is not carried out if the deceased person objected.
p.000109: Article 18
p.000109: DIGNITY OF THE HUMAN BODY
p.000109: When taking organs and tissues from a deceased person, it is necessary to treat them
p.000109: due respect and take all measures to ensure that the appearance of the deceased person remains
p.000109: unchanged.
p.000109: Article 19
p.000109: PROMOTION OF BODIES AND TISSUE GIFTS
p.000109: The Parties shall take all appropriate measures to promote the gift
p.000109: organs and tissues.
p.000109: Chapter V.
p.000109: TRANSFER OF BODIES OR TISSUES TAKEN FOR ANOTHER PURPOSE, NOT WORKING
p.000109: TRANSFERS
p.000109: Article 20
p.000109: TRANSFER OF BODIES OR TISSUES TAKEN INTO ANOTHER PURPOSE
p.000109: DON'T MAKE GIFTS FOR TRANSFER
p.000109: 1. When an organ or tissue is taken from a person for another reason than it does not work
p.000109: gifts for the purpose of transplantation can only be transplanted if the consequences are i
p.000109: the possible risks explained to that person and, if informed, the person
p.000109: gave free consent.
p.000109: 2. All the provisions of this Protocol shall apply to the situations referred to in paragraph 1 of this Protocol
p.000109: articles other than those in Chapter III. and IV.
p.000109: VI. Chapter
p.000109: MONEY PROFIT PROHIBITION
p.000109: Article 21
p.000109: MONEY PROFIT PROHIBITION
p.000109: 1. The human body and its parts must not, as such, be a source of money or the like
p.000109: to get.
p.000109: The preceding paragraph shall not prevent payments which do not represent monetary gain or
p.000109: comparable benefit, in particular:
p.000109: - compensation to living donors for lost profits or any other
p.000109: justified costs caused by taking or related to necessary
p.000109: health checks,
p.000109: - payment of justified fees for necessary health or similar technical servants
p.000109: provided in connection with the transplant,
p.000109: - compensation in the event of excessive damage resulting from the taking of an organ or
p.000109: tissues from a living donor.
p.000109: 2. It is prohibited to advertise the needs or availability of a target organ or tissue
p.000109: offering or seeking monetary or similar profit.
p.000109: Article 22
p.000109: PROHIBITION OF TRADING OR TISSUES
p.000109: Organ and tissue trafficking is prohibited.
p.000109: VII. Chapter
p.000109: CONFIDENTIALITY
p.000109: Article 23
p.000109: CONFIDENTIALITY
p.000109: 1. All personal data relating to the donor and recipient person shall be considered
p.000109: confidential. Such data may only be collected, processed and communicated
p.000109: according to regulations regarding professional confidentiality and personal protection
p.000109: data.
p.000109: 2. The provision of paragraph 1 shall be interpreted without bias with respect to the provisions which
p.000109: allow, with the application of appropriate safeguards, to collect, process and
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| age | Age |
| authority | Relationship to Authority |
| child | Child |
| crime | Illegal Activity |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| education | education |
| embryo | embryo |
| emergency | Public Emergency |
| family | Motherhood/Family |
| fetus | Fetus/Neonate |
| gender | gender |
| illness | Physically Disabled |
| incapable | Mentally Incapacitated |
| minor | Youth/Minors |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| party | political affiliation |
| political | political affiliation |
| restricted | Incarcerated |
| single | Marital Status |
| stem cells | stem cells |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| crime | ['unlawful'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| party | ['political'] |
| political | ['party'] |
| unlawful | ['crime'] |
Trigger Words
capacity
consent
cultural
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input