79C3C34C52B45572883A05D425EB0F82
Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine
https://rm.coe.int/168007cf98
http://leaux.net/URLS/ConvertAPI Text Files/D085099295AA19C014A42A92CFCB06F8.en.txt
Examining the file media/Synopses/D085099295AA19C014A42A92CFCB06F8.html:
This file was generated: 2020-12-01 05:42:48
| 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.000005:
p.000005: When in the course of an intervention any part of a human body is removed, it may be stored and used for a purpose
p.000005: other than that for which it was removed, only if this is done in conformity with appropriate information
p.000005: and consent procedures.
p.000005:
p.000005: Chapter VIII – Infringements of the provisions of the Convention Article 23 – Infringement of the rights or principles
p.000005: The Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful
p.000005: infringement of the rights and principles set forth in this Convention at short notice.
p.000005:
p.000005: Article 24 – Compensation for undue damage
p.000005:
p.000005: The person who has suffered undue damage resulting from an intervention is entitled to fair compensation according to
p.000005: the conditions and procedures prescribed by law.
p.000005:
p.000005: Article 25 – Sanctions
p.000005:
p.000005: Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.000005: in this Convention.
p.000005:
p.000005: Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.000005: rights
p.000005: 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.000005: in this Convention other than such as are prescribed by law and are necessary in a democratic society in the
p.000005: interest of public safety, for the prevention of crime, for the protection of public health or for the
p.000005: protection of the rights and freedoms of others.
p.000005:
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000006:
p.000006:
p.000006: 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.000006: 20 and 21.
p.000006:
p.000006: Article 27 – Wider protection
p.000006:
p.000006: None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.000006: Party to grant a wider measure of protection with regard to the application of biology and medicine than is stipulated
p.000006: in this Convention.
p.000006:
p.000006: Chapter X – Public debate Article 28 – Public debate
p.000006: Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.000006: biology and medicine are the subject of appropriate public discussion in the light, in particular, of relevant
p.000006: medical, social, economic, ethical and legal implications, and that their possible application is made the subject of
p.000006: appropriate consultation.
p.000006:
p.000006: Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.000006: The European Court of Human Rights may give, without direct reference to any specific proceedings pending
p.000006: in a court, advisory opinions on legal questions concerning the interpretation of the present Convention at
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Searching for indicator unlawful:
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p.000005: the following conditions are met:
p.000005:
p.000005: i there is no compatible donor available who has the capacity to consent;
p.000005:
p.000005: ii the recipient is a brother or sister of the donor;
p.000005:
p.000005: iii the donation must have the potential to be life-saving for the recipient;
p.000005:
p.000005: iv the authorisation provided for under paragraphs 2 and 3 of Article 6 has been given specifically
p.000005: and in writing, in accordance with the law and with the approval of the competent body;
p.000005:
p.000005: v the potential donor concerned does not object.
p.000005:
p.000005: Chapter VII – Prohibition of financial gain and disposal of a part of the human body Article 21 – Prohibition of
p.000005: financial gain
p.000005: The human body and its parts shall not, as such, give rise to financial gain.
p.000005:
p.000005: Article 22 – Disposal of a removed part of the human body
p.000005:
p.000005: When in the course of an intervention any part of a human body is removed, it may be stored and used for a purpose
p.000005: other than that for which it was removed, only if this is done in conformity with appropriate information
p.000005: and consent procedures.
p.000005:
p.000005: Chapter VIII – Infringements of the provisions of the Convention Article 23 – Infringement of the rights or principles
p.000005: The Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful
p.000005: infringement of the rights and principles set forth in this Convention at short notice.
p.000005:
p.000005: Article 24 – Compensation for undue damage
p.000005:
p.000005: The person who has suffered undue damage resulting from an intervention is entitled to fair compensation according to
p.000005: the conditions and procedures prescribed by law.
p.000005:
p.000005: Article 25 – Sanctions
p.000005:
p.000005: Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.000005: in this Convention.
p.000005:
p.000005: Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.000005: rights
p.000005: 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.000005: in this Convention other than such as are prescribed by law and are necessary in a democratic society in the
p.000005: interest of public safety, for the prevention of crime, for the protection of public health or for the
p.000005: protection of the rights and freedoms of others.
p.000005:
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000006:
p.000006:
p.000006: 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.000006: 20 and 21.
p.000006:
p.000006: Article 27 – Wider protection
p.000006:
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Political / political affiliation
Searching for indicator party:
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p.000002: Economic Community shall be read as the European Union.
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.000002:
p.000002: Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.000002:
p.000002: Recognising the importance of promoting a public debate on the questions posed by the application of
p.000002: biology and medicine and the responses to be given thereto;
p.000002:
p.000002: Wishing to remind all members of society of their rights and responsibilities;
p.000002:
p.000002: Taking account of the work of the Parliamentary Assembly in this field, including
p.000002: Recommendation 1160 (1991) on the preparation of a convention on bioethics;
p.000002:
p.000002: Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and
p.000002: freedoms of the individual with regard to the application of biology and medicine,
p.000002:
p.000002: Have agreed as follows:
p.000002:
p.000002: Chapter I – General provisions Article 1 – Purpose and object
p.000002: Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.000002: everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with
p.000002: regard to the application of biology and medicine.
p.000002:
p.000002: Each Party shall take in its internal law the necessary measures to give effect to the provisions of
p.000002: this Convention.
p.000002:
p.000002: Article 2 – Primacy of the human being
p.000002:
p.000002: The interests and welfare of the human being shall prevail over the sole interest of society or science.
p.000002:
p.000002: Article 3 – Equitable access to health care
p.000002:
p.000002: Parties, taking into account health needs and available resources, shall take appropriate measures with a
p.000002: view to providing, within their jurisdiction, equitable access to health care of appropriate quality.
p.000002:
p.000002: Article 4 – Professional standards
p.000002:
p.000002: Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.000002: obligations and standards.
p.000002:
p.000002: Chapter II – Consent
p.000002:
p.000002: Article 5 – General rule
p.000002:
p.000002: An intervention in the health field may only be carried out after the person concerned has given free and
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
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p.000005:
p.000005: Article 24 – Compensation for undue damage
p.000005:
p.000005: The person who has suffered undue damage resulting from an intervention is entitled to fair compensation according to
p.000005: the conditions and procedures prescribed by law.
p.000005:
p.000005: Article 25 – Sanctions
p.000005:
p.000005: Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained
p.000005: in this Convention.
p.000005:
p.000005: Chapter IX – Relation between this Convention and other provisions Article 26 – Restrictions on the exercise of the
p.000005: rights
p.000005: 1 No restrictions shall be placed on the exercise of the rights and protective provisions contained
p.000005: in this Convention other than such as are prescribed by law and are necessary in a democratic society in the
p.000005: interest of public safety, for the prevention of crime, for the protection of public health or for the
p.000005: protection of the rights and freedoms of others.
p.000005:
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000006:
p.000006:
p.000006: 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.000006: 20 and 21.
p.000006:
p.000006: Article 27 – Wider protection
p.000006:
p.000006: None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.000006: Party to grant a wider measure of protection with regard to the application of biology and medicine than is stipulated
p.000006: in this Convention.
p.000006:
p.000006: Chapter X – Public debate Article 28 – Public debate
p.000006: Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.000006: biology and medicine are the subject of appropriate public discussion in the light, in particular, of relevant
p.000006: medical, social, economic, ethical and legal implications, and that their possible application is made the subject of
p.000006: appropriate consultation.
p.000006:
p.000006: Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.000006: The European Court of Human Rights may give, without direct reference to any specific proceedings pending
p.000006: in a court, advisory opinions on legal questions concerning the interpretation of the present Convention at
p.000006: the request of:
p.000006:
p.000006: – the Government of a Party, after having informed the other Parties;
p.000006:
p.000006: – the Committee set up by Article 32, with membership restricted to the Representatives of the Parties to this
p.000006: Convention, by a decision adopted by a two-thirds majority of votes cast.
p.000006:
p.000006: Article 30 – Reports on the application of the Convention
p.000006:
p.000006: On receipt of a request from the Secretary General of the Council of Europe any Party shall furnish an explanation
p.000006: of the manner in which its internal law ensures the effective implementation of any of the provisions of the
p.000006: Convention.
p.000006:
p.000006: Chapter XII – Protocols
p.000006:
p.000006: Article 31 – Protocols
p.000006:
p.000006: Protocols may be concluded in pursuance of Article 32, with a view to developing, in specific fields, the principles
p.000006: contained in this Convention.
p.000006:
p.000006: The Protocols shall be open for signature by Signatories of the Convention. They shall be subject to
p.000006: ratification, acceptance or approval. A Signatory may not ratify, accept or approve Protocols without previously
p.000006: or simultaneously ratifying accepting or approving the Convention.
p.000006:
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p.000007: 7
p.000007:
p.000007: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000007:
p.000007:
p.000007: Chapter XIII – Amendments to the Convention Article 32 – Amendments to the Convention
p.000007: 1 The tasks assigned to "the Committee" in the present article and in Article 29 shall be carried out by the
p.000007: Steering Committee on Bioethics (CDBI), or by any other committee designated to do so by the Committee of Ministers.
p.000007:
p.000007: 2 Without prejudice to the specific provisions of Article 29, each member State of the Council of Europe, as
p.000007: well as each Party to the present Convention which is not a member of the Council of Europe, may be
p.000007: represented and have one vote in the Committee when the Committee carries out the tasks assigned to it by the
p.000007: present Convention.
p.000007:
p.000007: 3 Any State referred to in Article 33 or invited to accede to the Convention in accordance with the provisions
p.000007: of Article 34 which is not Party to this Convention may be represented on the Committee by an observer. If the European
p.000007: Community is not a Party it may be represented on the Committee by an observer.
p.000007:
p.000007: 4 In order to monitor scientific developments, the present Convention shall be examined within the Committee no
p.000007: later than five years from its entry into force and thereafter at such intervals as the Committee may determine.
p.000007:
p.000007: 5 Any proposal for an amendment to this Convention, and any proposal for a Protocol or for an amendment to a
p.000007: Protocol, presented by a Party, the Committee or the Committee of Ministers shall be communicated to the Secretary
p.000007: General of the Council of Europe and forwarded by him to the member States of the Council of Europe, to the
p.000007: European Community, to any Signatory, to any Party, to any State invited to sign this Convention in accordance with
p.000007: the provisions of Article 33 and to any State invited to accede to it in accordance with the provisions
p.000007: of Article 34.
p.000007:
p.000007: 6 The Committee shall examine the proposal not earlier than two months after it has been forwarded
p.000007: by the Secretary General in accordance with paragraph 5. The Committee shall submit the text adopted by a
p.000007: two-thirds majority of the votes cast to the Committee of Ministers for approval. After its approval,
p.000007: this text shall be forwarded to the Parties for ratification, acceptance or approval.
p.000007:
p.000007: 7 Any amendment shall enter into force, in respect of those Parties which have accepted it, on the first day of
p.000007: the month following the expiration of a period of one month after the date on which five Parties, including at
p.000007: least four member States of the Council of Europe, have informed the Secretary General that they have accepted
p.000007: it.
p.000007:
p.000007: In respect of any Party which subsequently accepts it, the amendment shall enter into force on the first day of the
p.000007: month following the expiration of a period of one month after the date on which that Party has informed the Secretary
p.000007: General of its acceptance.
p.000007:
p.000007: Chapter XIV – Final clauses
p.000007:
p.000007: Article 33 – Signature, ratification and entry into force
p.000007:
p.000007: 1 This Convention shall be open for signature by the member States of the Council of Europe, the non-member
p.000007: States which have participated in its elaboration and by the European Community.
p.000007:
p.000007: 2 This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance
p.000007: or approval shall be deposited with the Secretary General of the Council of Europe.
p.000007:
p.000007:
p.000008: 8
p.000008:
p.000008: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000008:
p.000008:
p.000008: 3 This Convention shall enter into force on the first day of the month following the expiration of a period of
p.000008: three months after the date on which five States, including at least four member States of the Council of
p.000008: Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2 of
p.000008: the present article.
p.000008:
p.000008: 4 In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall
p.000008: enter into force on the first day of the month following the expiration of a period of three months after the date of
p.000008: the deposit of its instrument of ratification, acceptance or approval.
p.000008:
p.000008: Article 34 – Non-member States
p.000008:
p.000008: 1 After the entry into force of this Convention, the Committee of Ministers of the Council of
p.000008: Europe may, after consultation of the Parties, invite any non-member State of the Council of Europe to accede to
p.000008: this Convention by a decision taken by the majority provided for in Article 20, paragraph d, of the Statute
p.000008: of the Council of Europe, and by the unanimous vote of the representatives of the Contracting States entitled to sit on
p.000008: the Committee of Ministers.
p.000008:
p.000008: 2 In respect of any acceding State, the Convention shall enter into force on the first day of the month
p.000008: following the expiration of a period of three months after the date of deposit of the instrument of
p.000008: accession with the Secretary General of the Council of Europe.
p.000008:
p.000008: Article 35 – Territories
p.000008:
p.000008: 1 Any Signatory may, at the time of signature or when depositing its instrument of ratification, acceptance or
p.000008: approval, specify the territory or territories to which this Convention shall apply. Any other State may formulate
p.000008: the same declaration when depositing its instrument of accession.
p.000008:
p.000008: 2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of
p.000008: Europe, extend the application of this Convention to any other territory specified in the declaration and for whose
p.000008: international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such
p.000008: territory the Convention shall enter into force on the first day of the month following the expiration of a period of
p.000008: three months after the date of receipt of such declaration by the Secretary General.
p.000008:
p.000008: 3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such
p.000008: declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall
p.000008: become effective on the first day of the month following the expiration of a period of three months after
p.000008: the date of receipt of such notification by the Secretary General.
p.000008:
p.000008: Article 36 – Reservations
p.000008:
p.000008: 1 Any State and the European Community may, when signing this Convention or when depositing the
p.000008: instrument of ratification, acceptance, approval or accession, make a reservation in respect of any
p.000008: particular provision of the Convention to the extent that any law then in force in its territory is not in conformity
p.000008: with the provision. Reservations of a general character shall not be permitted under this article.
p.000008:
p.000008: 2 Any reservation made under this article shall contain a brief statement of the relevant law.
p.000008:
p.000008: 3 Any Party which extends the application of this Convention to a territory mentioned in the
p.000008: declaration referred to in Article 35, paragraph 2, may, in respect of the territory concerned, make a reservation in
p.000008: accordance with the provisions of the preceding paragraphs.
p.000008:
p.000008:
p.000008:
p.000009: 9
p.000009:
p.000009: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000009:
p.000009:
p.000009: 4 Any Party which has made the reservation mentioned in this article may withdraw it by means of a declaration
p.000009: addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of
p.000009: the month following the expiration of a period of one month after the date of its receipt by the Secretary General.
p.000009:
p.000009: Article 37 – Denunciation
p.000009:
p.000009: 1 Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary
p.000009: General of the Council of Europe.
p.000009:
p.000009: 2 Such denunciation shall become effective on the first day of the month following the expiration of a period
p.000009: of three months after the date of receipt of the notification by the Secretary General.
p.000009:
p.000009: Article 38 – Notifications
p.000009:
p.000009: The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.000009: any Signatory, any Party and any other State which has been invited to accede to this Convention of:
p.000009:
p.000009: a any signature;
p.000009:
p.000009: b the deposit of any instrument of ratification, acceptance, approval or accession;
p.000009:
p.000009: c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.000009:
p.000009: d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an
p.000009: amendment or Protocol enters into force;
p.000009:
p.000009: e any declaration made under the provisions of Article 35;
p.000009:
p.000009: f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.000009:
p.000009: g any other act, notification or communication relating to this Convention.
p.000009:
p.000009:
p.000009:
p.000009: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.000009:
p.000009: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally authentic, in a
p.000009: single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of
p.000009: Europe shall transmit certified copies to each member State of the Council of Europe, to the European
p.000009: Community, to the non-member States which have participated in the elaboration of this Convention, and to any State
p.000009: invited to accede to this Convention.
p.000009:
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Searching for indicator political:
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p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: European Treaty Series - No. 164
p.000002:
p.000002: Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.000002: and Medicine: Convention on Human Rights and Biomedicine *
p.000002:
p.000002: Oviedo, 4.IV.1997
p.000002:
p.000002:
p.000002:
p.000002: Preamble
p.000002:
p.000002: The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.000002:
p.000002: Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United
p.000002: Nations on 10 December 1948;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November
p.000002: 1950;
p.000002:
p.000002: Bearing in mind the European Social Charter of 18 October 1961;
p.000002:
p.000002: Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.000002: Social and Cultural Rights of 16 December 1966;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of
p.000002: Personal Data of 28 January 1981;
p.000002:
p.000002: Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.000002:
p.000002: Considering that the aim of the Council of Europe is the achievement of a greater unity between its
p.000002: members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of
p.000002: human rights and fundamental freedoms;
p.000002:
p.000002: Conscious of the accelerating developments in biology and medicine;
p.000002:
p.000002: Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.000002: recognising the importance of ensuring the dignity of the human being;
p.000002:
p.000002: Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.000002:
p.000002:
p.000002:
p.000002: (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.000002: entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European
p.000002: Economic Community shall be read as the European Union.
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
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Health / Mentally Disabled
Searching for indicator disability:
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p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
p.000002: may only be carried out with the authorisation of his or her representative or an authority or a person or body
p.000002: provided for by law.
p.000002:
p.000002: The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.000002: proportion to his or her age and degree of maturity.
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
p.000002: intervention aimed at treating his or her mental disorder only where, without such treatment, serious harm is likely to
p.000002: result to his or her health.
p.000002:
p.000002: Article 8 – EmergencyXsituation
p.000002:
p.000002: When because of an emergency situation the appropriate consent cannot be obtained, any medically necessary
...
Health / patients in emergency situations
Searching for indicator emergency situation:
(return to top)
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
p.000002: intervention aimed at treating his or her mental disorder only where, without such treatment, serious harm is likely to
p.000002: result to his or her health.
p.000002:
p.000002: Article 8 – EmergencyXsituation
p.000002:
p.000002: When because of an emergency situation the appropriate consent cannot be obtained, any medically necessary
p.000002: intervention may be carried out immediately for the benefit of the health of the individual concerned.
p.000002:
p.000002: Article 9 – Previously expressed wishes
p.000002:
p.000002: The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the
p.000002: intervention, in a state to express his or her wishes shall be taken into account.
p.000002:
p.000002: Chapter III – Private life and right to information Article 10 – Private life and right to information
p.000002: 1 Everyone has the right to respect for private life in relation to information about his or her
p.000002: health.
p.000002:
p.000002: 2 Everyone is entitled to know any information collected about his or her health. However, the wishes of
p.000002: individuals not to be so informed shall be observed.
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000003:
p.000003:
p.000003: 3 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2
p.000003: in the interests of the patient.
p.000003:
p.000003: Chapter IV – Human genome
p.000003:
p.000003: Article 11 – Non-discrimination
p.000003:
p.000003: Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited.
p.000003:
p.000003: Article 12 – Predictive genetic tests
p.000003:
p.000003: Tests which are predictive of genetic diseases or which serve either to identify the subject as a carrier of a gene
p.000003: responsible for a disease or to detect a genetic predisposition or susceptibility to a disease may be
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.000002:
p.000002: Recognising the importance of promoting a public debate on the questions posed by the application of
p.000002: biology and medicine and the responses to be given thereto;
p.000002:
p.000002: Wishing to remind all members of society of their rights and responsibilities;
p.000002:
p.000002: Taking account of the work of the Parliamentary Assembly in this field, including
p.000002: Recommendation 1160 (1991) on the preparation of a convention on bioethics;
p.000002:
p.000002: Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and
p.000002: freedoms of the individual with regard to the application of biology and medicine,
p.000002:
p.000002: Have agreed as follows:
p.000002:
p.000002: Chapter I – General provisions Article 1 – Purpose and object
p.000002: Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.000002: everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with
p.000002: regard to the application of biology and medicine.
p.000002:
p.000002: Each Party shall take in its internal law the necessary measures to give effect to the provisions of
p.000002: this Convention.
p.000002:
p.000002: Article 2 – Primacy of the human being
p.000002:
p.000002: The interests and welfare of the human being shall prevail over the sole interest of society or science.
p.000002:
p.000002: Article 3 – Equitable access to health care
p.000002:
p.000002: Parties, taking into account health needs and available resources, shall take appropriate measures with a
p.000002: view to providing, within their jurisdiction, equitable access to health care of appropriate quality.
p.000002:
p.000002: Article 4 – Professional standards
p.000002:
p.000002: Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.000002: obligations and standards.
p.000002:
p.000002: Chapter II – Consent
p.000002:
p.000002: Article 5 – General rule
p.000002:
p.000002: An intervention in the health field may only be carried out after the person concerned has given free and
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
...
Social / Age
Searching for indicator age:
(return to top)
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
p.000002: may only be carried out with the authorisation of his or her representative or an authority or a person or body
p.000002: provided for by law.
p.000002:
p.000002: The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.000002: proportion to his or her age and degree of maturity.
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
p.000002: intervention aimed at treating his or her mental disorder only where, without such treatment, serious harm is likely to
p.000002: result to his or her health.
p.000002:
...
p.000004:
p.000004: 1 Research on a person without the capacity to consent as stipulated in Article 5 may be
p.000004: undertaken only if all the following conditions are met:
p.000004:
p.000004: i the conditions laid down in Article 16, sub-paragraphs i to iv, are fulfilled;
p.000004:
p.000004: ii the results of the research have the potential to produce real and direct benefit to his or her health;
p.000004:
p.000004: iii research of comparable effectiveness cannot be carried out on individuals capable of giving
p.000004: consent;
p.000004:
p.000004: iv the necessary authorisation provided for under Article 6 has been given specifically and in writing; and
p.000004:
p.000004: v the person concerned does not object.
p.000004:
p.000004: 2 Exceptionally and under the protective conditions prescribed by law, where the research has not the potential
p.000004: to produce results of direct benefit to the health of the person concerned, such research may be authorised
p.000004: subject to the conditions laid down in paragraph 1, sub- paragraphs i, iii, iv and v above, and to the
p.000004: following additional conditions:
p.000004:
p.000004: i the research has the aim of contributing, through significant improvement in the scientific understanding of
p.000004: the individual's condition, disease or disorder, to the ultimate attainment of results capable of conferring benefit to
p.000004: the person concerned or to other persons in the same age category or afflicted with the same disease or
p.000004: disorder or having the same condition;
p.000004:
p.000004: ii the research entails only minimal risk and minimal burden for the individual concerned.
p.000004:
p.000004: Article 18 – Research on embryos in vitro
p.000004:
p.000004: 1 Where the law allows research on embryos in vitro, it shall ensure adequate protection of the embryo.
p.000004:
p.000004: 2 The creation of human embryos for research purposes is prohibited.
p.000004:
p.000004: Chapter VI – Organ and tissue removal from living donors for transplantation purposes Article 19 – General rule
p.000004: 1 Removal of organs or tissue from a living person for transplantation purposes may be carried out solely for
p.000004: the therapeutic benefit of the recipient and where there is no suitable organ or tissue available from a deceased
p.000004: person and no other alternative therapeutic method of comparable effectiveness.
p.000004:
p.000004: 2 The necessary consent as provided for under Article 5 must have been given expressly and specifically either
p.000004: in written form or before an official body.
p.000004:
p.000004: Article 20 – Protection of persons not able to consent to organ removal
p.000004:
p.000004: 1 No organ or tissue removal may be carried out on a person who does not have the capacity to consent under
p.000004: Article 5.
p.000004:
p.000004:
p.000004:
p.000005: 5
...
Social / Child
Searching for indicator child:
(return to top)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: European Treaty Series - No. 164
p.000002:
p.000002: Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.000002: and Medicine: Convention on Human Rights and Biomedicine *
p.000002:
p.000002: Oviedo, 4.IV.1997
p.000002:
p.000002:
p.000002:
p.000002: Preamble
p.000002:
p.000002: The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.000002:
p.000002: Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United
p.000002: Nations on 10 December 1948;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November
p.000002: 1950;
p.000002:
p.000002: Bearing in mind the European Social Charter of 18 October 1961;
p.000002:
p.000002: Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.000002: Social and Cultural Rights of 16 December 1966;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of
p.000002: Personal Data of 28 January 1981;
p.000002:
p.000002: Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.000002:
p.000002: Considering that the aim of the Council of Europe is the achievement of a greater unity between its
p.000002: members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of
p.000002: human rights and fundamental freedoms;
p.000002:
p.000002: Conscious of the accelerating developments in biology and medicine;
p.000002:
p.000002: Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.000002: recognising the importance of ensuring the dignity of the human being;
p.000002:
p.000002: Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.000002:
p.000002:
p.000002:
p.000002: (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.000002: entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European
p.000002: Economic Community shall be read as the European Union.
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.000002:
p.000002: Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.000002:
p.000002: Recognising the importance of promoting a public debate on the questions posed by the application of
p.000002: biology and medicine and the responses to be given thereto;
p.000002:
p.000002: Wishing to remind all members of society of their rights and responsibilities;
p.000002:
...
p.000002: health.
p.000002:
p.000002: 2 Everyone is entitled to know any information collected about his or her health. However, the wishes of
p.000002: individuals not to be so informed shall be observed.
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000003:
p.000003:
p.000003: 3 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2
p.000003: in the interests of the patient.
p.000003:
p.000003: Chapter IV – Human genome
p.000003:
p.000003: Article 11 – Non-discrimination
p.000003:
p.000003: Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited.
p.000003:
p.000003: Article 12 – Predictive genetic tests
p.000003:
p.000003: Tests which are predictive of genetic diseases or which serve either to identify the subject as a carrier of a gene
p.000003: responsible for a disease or to detect a genetic predisposition or susceptibility to a disease may be
p.000003: performed only for health purposes or for scientific research linked to health purposes, and subject to appropriate
p.000003: genetic counselling.
p.000003:
p.000003: Article 13 – Interventions on the human genome
p.000003:
p.000003: An intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or therapeutic
p.000003: purposes and only if its aim is not to introduce any modification in the genome of any descendants.
p.000003:
p.000003: Article 14 – Non-selection of sex
p.000003:
p.000003: The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future
p.000003: child's sex, except where serious hereditary sex-related disease is to be avoided.
p.000003:
p.000003: Chapter V – Scientific research Article 15 – General rule
p.000003: Scientific research in the field of biology and medicine shall be carried out freely, subject to the provisions of this
p.000003: Convention and the other legal provisions ensuring the protection of the human being.
p.000003:
p.000003: Article 16 – Protection of persons undergoing research
p.000003:
p.000003: Research on a person may only be undertaken if all the following conditions are met:
p.000003:
p.000003: i there is no alternative of comparable effectiveness to research on humans;
p.000003:
p.000003: ii the risks which may be incurred by that person are not disproportionate to the potential benefits of the
p.000003: research;
p.000003:
p.000003: iii the research project has been approved by the competent body after independent examination of its
p.000003: scientific merit, including assessment of the importance of the aim of the research, and multidisciplinary review of
p.000003: its ethical acceptability;
p.000003:
p.000003: iv the persons undergoing research have been informed of their rights and the safeguards prescribed by law for
p.000003: their protection;
p.000003:
p.000003: v the necessary consent as provided for under Article 5 has been given expressly, specifically and
p.000003: is documented. Such consent may be freely withdrawn at any time.
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000004:
p.000004:
...
Social / Incarcerated
Searching for indicator restricted:
(return to top)
p.000006:
p.000006:
p.000006: 2 The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19,
p.000006: 20 and 21.
p.000006:
p.000006: Article 27 – Wider protection
p.000006:
p.000006: None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a
p.000006: Party to grant a wider measure of protection with regard to the application of biology and medicine than is stipulated
p.000006: in this Convention.
p.000006:
p.000006: Chapter X – Public debate Article 28 – Public debate
p.000006: Parties to this Convention shall see to it that the fundamental questions raised by the developments of
p.000006: biology and medicine are the subject of appropriate public discussion in the light, in particular, of relevant
p.000006: medical, social, economic, ethical and legal implications, and that their possible application is made the subject of
p.000006: appropriate consultation.
p.000006:
p.000006: Chapter XI – Interpretation and follow-up of the Convention Article 29 – Interpretation of the Convention
p.000006: The European Court of Human Rights may give, without direct reference to any specific proceedings pending
p.000006: in a court, advisory opinions on legal questions concerning the interpretation of the present Convention at
p.000006: the request of:
p.000006:
p.000006: – the Government of a Party, after having informed the other Parties;
p.000006:
p.000006: – the Committee set up by Article 32, with membership restricted to the Representatives of the Parties to this
p.000006: Convention, by a decision adopted by a two-thirds majority of votes cast.
p.000006:
p.000006: Article 30 – Reports on the application of the Convention
p.000006:
p.000006: On receipt of a request from the Secretary General of the Council of Europe any Party shall furnish an explanation
p.000006: of the manner in which its internal law ensures the effective implementation of any of the provisions of the
p.000006: Convention.
p.000006:
p.000006: Chapter XII – Protocols
p.000006:
p.000006: Article 31 – Protocols
p.000006:
p.000006: Protocols may be concluded in pursuance of Article 32, with a view to developing, in specific fields, the principles
p.000006: contained in this Convention.
p.000006:
p.000006: The Protocols shall be open for signature by Signatories of the Convention. They shall be subject to
p.000006: ratification, acceptance or approval. A Signatory may not ratify, accept or approve Protocols without previously
p.000006: or simultaneously ratifying accepting or approving the Convention.
p.000006:
p.000006:
p.000006:
p.000006:
p.000006:
p.000006:
p.000006:
p.000006:
p.000007: 7
p.000007:
p.000007: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000007:
p.000007:
p.000007: Chapter XIII – Amendments to the Convention Article 32 – Amendments to the Convention
p.000007: 1 The tasks assigned to "the Committee" in the present article and in Article 29 shall be carried out by the
p.000007: Steering Committee on Bioethics (CDBI), or by any other committee designated to do so by the Committee of Ministers.
p.000007:
p.000007: 2 Without prejudice to the specific provisions of Article 29, each member State of the Council of Europe, as
...
Social / Marital Status
Searching for indicator single:
(return to top)
p.000009: General of the Council of Europe.
p.000009:
p.000009: 2 Such denunciation shall become effective on the first day of the month following the expiration of a period
p.000009: of three months after the date of receipt of the notification by the Secretary General.
p.000009:
p.000009: Article 38 – Notifications
p.000009:
p.000009: The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.000009: any Signatory, any Party and any other State which has been invited to accede to this Convention of:
p.000009:
p.000009: a any signature;
p.000009:
p.000009: b the deposit of any instrument of ratification, acceptance, approval or accession;
p.000009:
p.000009: c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.000009:
p.000009: d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an
p.000009: amendment or Protocol enters into force;
p.000009:
p.000009: e any declaration made under the provisions of Article 35;
p.000009:
p.000009: f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.000009:
p.000009: g any other act, notification or communication relating to this Convention.
p.000009:
p.000009:
p.000009:
p.000009: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.000009:
p.000009: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally authentic, in a
p.000009: single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of
p.000009: Europe shall transmit certified copies to each member State of the Council of Europe, to the European
p.000009: Community, to the non-member States which have participated in the elaboration of this Convention, and to any State
p.000009: invited to accede to this Convention.
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November
p.000002: 1950;
p.000002:
p.000002: Bearing in mind the European Social Charter of 18 October 1961;
p.000002:
p.000002: Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.000002: Social and Cultural Rights of 16 December 1966;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of
p.000002: Personal Data of 28 January 1981;
p.000002:
p.000002: Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.000002:
p.000002: Considering that the aim of the Council of Europe is the achievement of a greater unity between its
p.000002: members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of
p.000002: human rights and fundamental freedoms;
p.000002:
p.000002: Conscious of the accelerating developments in biology and medicine;
p.000002:
p.000002: Convinced of the need to respect the human being both as an individual and as a member of the human species and
p.000002: recognising the importance of ensuring the dignity of the human being;
p.000002:
p.000002: Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;
p.000002:
p.000002:
p.000002:
p.000002: (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
p.000002: entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European
p.000002: Economic Community shall be read as the European Union.
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: Affirming that progress in biology and medicine should be used for the benefit of present and future generations;
p.000002:
p.000002: Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;
p.000002:
p.000002: Recognising the importance of promoting a public debate on the questions posed by the application of
p.000002: biology and medicine and the responses to be given thereto;
p.000002:
p.000002: Wishing to remind all members of society of their rights and responsibilities;
p.000002:
p.000002: Taking account of the work of the Parliamentary Assembly in this field, including
p.000002: Recommendation 1160 (1991) on the preparation of a convention on bioethics;
p.000002:
p.000002: Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and
p.000002: freedoms of the individual with regard to the application of biology and medicine,
p.000002:
p.000002: Have agreed as follows:
p.000002:
p.000002: Chapter I – General provisions Article 1 – Purpose and object
p.000002: Parties to this Convention shall protect the dignity and identity of all human beings and guarantee
p.000002: everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with
p.000002: regard to the application of biology and medicine.
p.000002:
p.000002: Each Party shall take in its internal law the necessary measures to give effect to the provisions of
p.000002: this Convention.
p.000002:
p.000002: Article 2 – Primacy of the human being
p.000002:
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.000002: view to providing, within their jurisdiction, equitable access to health care of appropriate quality.
p.000002:
p.000002: Article 4 – Professional standards
p.000002:
p.000002: Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.000002: obligations and standards.
p.000002:
p.000002: Chapter II – Consent
p.000002:
p.000002: Article 5 – General rule
p.000002:
p.000002: An intervention in the health field may only be carried out after the person concerned has given free and
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
p.000002: may only be carried out with the authorisation of his or her representative or an authority or a person or body
p.000002: provided for by law.
p.000002:
p.000002: The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.000002: proportion to his or her age and degree of maturity.
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
...
Social / embryo
Searching for indicator embryo:
(return to top)
p.000004: ii the results of the research have the potential to produce real and direct benefit to his or her health;
p.000004:
p.000004: iii research of comparable effectiveness cannot be carried out on individuals capable of giving
p.000004: consent;
p.000004:
p.000004: iv the necessary authorisation provided for under Article 6 has been given specifically and in writing; and
p.000004:
p.000004: v the person concerned does not object.
p.000004:
p.000004: 2 Exceptionally and under the protective conditions prescribed by law, where the research has not the potential
p.000004: to produce results of direct benefit to the health of the person concerned, such research may be authorised
p.000004: subject to the conditions laid down in paragraph 1, sub- paragraphs i, iii, iv and v above, and to the
p.000004: following additional conditions:
p.000004:
p.000004: i the research has the aim of contributing, through significant improvement in the scientific understanding of
p.000004: the individual's condition, disease or disorder, to the ultimate attainment of results capable of conferring benefit to
p.000004: the person concerned or to other persons in the same age category or afflicted with the same disease or
p.000004: disorder or having the same condition;
p.000004:
p.000004: ii the research entails only minimal risk and minimal burden for the individual concerned.
p.000004:
p.000004: Article 18 – Research on embryos in vitro
p.000004:
p.000004: 1 Where the law allows research on embryos in vitro, it shall ensure adequate protection of the embryo.
p.000004:
p.000004: 2 The creation of human embryos for research purposes is prohibited.
p.000004:
p.000004: Chapter VI – Organ and tissue removal from living donors for transplantation purposes Article 19 – General rule
p.000004: 1 Removal of organs or tissue from a living person for transplantation purposes may be carried out solely for
p.000004: the therapeutic benefit of the recipient and where there is no suitable organ or tissue available from a deceased
p.000004: person and no other alternative therapeutic method of comparable effectiveness.
p.000004:
p.000004: 2 The necessary consent as provided for under Article 5 must have been given expressly and specifically either
p.000004: in written form or before an official body.
p.000004:
p.000004: Article 20 – Protection of persons not able to consent to organ removal
p.000004:
p.000004: 1 No organ or tissue removal may be carried out on a person who does not have the capacity to consent under
p.000004: Article 5.
p.000004:
p.000004:
p.000004:
p.000005: 5
p.000005:
p.000005: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000005:
p.000005:
p.000005: 2 Exceptionally and under the protective conditions prescribed by law, the removal of
p.000005: regenerative tissue from a person who does not have the capacity to consent may be authorised provided
p.000005: the following conditions are met:
p.000005:
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000002:
p.000002: Chapter II – Consent
p.000002:
p.000002: Article 5 – General rule
p.000002:
p.000002: An intervention in the health field may only be carried out after the person concerned has given free and
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
p.000002: may only be carried out with the authorisation of his or her representative or an authority or a person or body
p.000002: provided for by law.
p.000002:
p.000002: The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.000002: proportion to his or her age and degree of maturity.
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000002: Any intervention in the health field, including research, must be carried out in accordance with relevant professional
p.000002: obligations and standards.
p.000002:
p.000002: Chapter II – Consent
p.000002:
p.000002: Article 5 – General rule
p.000002:
p.000002: An intervention in the health field may only be carried out after the person concerned has given free and
p.000002: informed consent to it.
p.000002:
p.000002: This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well
p.000002: as on its consequences and risks.
p.000002:
p.000002: 2
p.000002:
p.000002: ETS 164 – Convention on Human Rights and Biomedicine, 4.IV.1997
p.000002:
p.000002:
p.000002: The person concerned may freely withdraw consent at any time.
p.000002:
p.000002: Article 6 – Protection of persons not able to consent
p.000002:
p.000002: 1 Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the
p.000002: capacity to consent, for his or her direct benefit.
p.000002:
p.000002: 2 Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention
p.000002: may only be carried out with the authorisation of his or her representative or an authority or a person or body
p.000002: provided for by law.
p.000002:
p.000002: The opinion of the minor shall be taken into consideration as an increasingly determining factor in
p.000002: proportion to his or her age and degree of maturity.
p.000002:
p.000002: 3 Where, according to law, an adult does not have the capacity to consent to an intervention because of a mental
p.000002: disability, a disease or for similar reasons, the intervention may only be carried out with the authorisation of his or
p.000002: her representative or an authority or a person or body provided for by law.
p.000002:
p.000002: The individual concerned shall as far as possible take part in the authorisation procedure.
p.000002:
p.000002: 4 The representative, the authority, the person or the body mentioned in paragraphs 2 and 3 above shall be
p.000002: given, under the same conditions, the information referred to in Article 5.
p.000002:
p.000002: 5 The authorisation referred to in paragraphs 2 and 3 above may be withdrawn at any time in the best interests
p.000002: of the person concerned.
p.000002:
p.000002: Article 7 – Protection of persons who have a mental disorder
p.000002:
p.000002: Subject to protective conditions prescribed by law, including supervisory, control and appeal procedures, a person
p.000002: who has a mental disorder of a serious nature may be subjected, without his or her consent, to an
p.000002: intervention aimed at treating his or her mental disorder only where, without such treatment, serious harm is likely to
p.000002: result to his or her health.
p.000002:
p.000002: Article 8 – EmergencyXsituation
p.000002:
p.000002: When because of an emergency situation the appropriate consent cannot be obtained, any medically necessary
p.000002: intervention may be carried out immediately for the benefit of the health of the individual concerned.
p.000002:
p.000002: Article 9 – Previously expressed wishes
p.000002:
p.000002: The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the
p.000002: intervention, in a state to express his or her wishes shall be taken into account.
p.000002:
p.000002: Chapter III – Private life and right to information Article 10 – Private life and right to information
...
General/Other / oviedo
Searching for indicator oviedo:
(return to top)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: European Treaty Series - No. 164
p.000002:
p.000002: Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology
p.000002: and Medicine: Convention on Human Rights and Biomedicine *
p.000002:
p.000002: Oviedo, 4.IV.1997
p.000002:
p.000002:
p.000002:
p.000002: Preamble
p.000002:
p.000002: The member States of the Council of Europe, the other States and the European Community, signatories hereto,
p.000002:
p.000002: Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United
p.000002: Nations on 10 December 1948;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November
p.000002: 1950;
p.000002:
p.000002: Bearing in mind the European Social Charter of 18 October 1961;
p.000002:
p.000002: Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic,
p.000002: Social and Cultural Rights of 16 December 1966;
p.000002:
p.000002: Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of
p.000002: Personal Data of 28 January 1981;
p.000002:
p.000002: Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;
p.000002:
p.000002: Considering that the aim of the Council of Europe is the achievement of a greater unity between its
p.000002: members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of
p.000002: human rights and fundamental freedoms;
p.000002:
p.000002: Conscious of the accelerating developments in biology and medicine;
p.000002:
p.000002: Convinced of the need to respect the human being both as an individual and as a member of the human species and
...
p.000009:
p.000009: Article 37 – Denunciation
p.000009:
p.000009: 1 Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary
p.000009: General of the Council of Europe.
p.000009:
p.000009: 2 Such denunciation shall become effective on the first day of the month following the expiration of a period
p.000009: of three months after the date of receipt of the notification by the Secretary General.
p.000009:
p.000009: Article 38 – Notifications
p.000009:
p.000009: The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community,
p.000009: any Signatory, any Party and any other State which has been invited to accede to this Convention of:
p.000009:
p.000009: a any signature;
p.000009:
p.000009: b the deposit of any instrument of ratification, acceptance, approval or accession;
p.000009:
p.000009: c any date of entry into force of this Convention in accordance with Articles 33 or 34;
p.000009:
p.000009: d any amendment or Protocol adopted in accordance with Article 32, and the date on which such an
p.000009: amendment or Protocol enters into force;
p.000009:
p.000009: e any declaration made under the provisions of Article 35;
p.000009:
p.000009: f any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
p.000009:
p.000009: g any other act, notification or communication relating to this Convention.
p.000009:
p.000009:
p.000009:
p.000009: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
p.000009:
p.000009: Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally authentic, in a
p.000009: single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of
p.000009: Europe shall transmit certified copies to each member State of the Council of Europe, to the European
p.000009: Community, to the non-member States which have participated in the elaboration of this Convention, and to any State
p.000009: invited to accede to this Convention.
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
p.000009:
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| authority | Relationship to Authority |
| child | Child |
| crime | Illegal Activity |
| disability | Mentally Disabled |
| embryo | embryo |
| emergency | Public Emergency |
| emergency situation | patients in emergency situations |
| minor | Youth/Minors |
| opinion | philosophical differences/differences of opinion |
| oviedo | oviedo |
| party | political affiliation |
| political | political affiliation |
| restricted | Incarcerated |
| single | Marital Status |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| crime | ['unlawful'] |
| party | ['political'] |
| political | ['party'] |
| unlawful | ['crime'] |
Trigger Words
capacity
consent
cultural
developing
harm
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input