Biomedicine Convention

Facts

Signatures
Ratifications
Purpose & Object
Patient Rights
Additional Protocols

 



The aim of the Convention is to guarantee everyone's rights and fundamental freedoms and, in particular, their integrity and to secure the dignity and identity of human beings in this sphere.

The Convention does not define the term "everyone" (in French "toute personne"). These two terms are equivalent and found in the English and French versions of the European Convention on Human Rights, which however does not define them. In the absence of a unanimous agreement on the definition of these terms among member States of the Council of Europe, it was decided to allow domestic law to define them for the purposes of the application of the present Convention.

The Convention also uses the expression "human being" to state the necessity to protect the dignity and identity of all human beings. It was acknowledged that it was a generally accepted principle that human dignity and the identity of the human being had to be respected as soon as life began.

Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention. The internal law of the Parties shall conform to the Convention. Conformity between the Convention and domestic law may be achieved either by applying directly the Convention's provisions in domestic law or by enacting the necessary legislation to give effect to them. With regard to each provision, the means will have to be determined by each Party in accordance with its constitutional law and taking into account the nature of the provision in question. In this respect, it should be noted that the Convention contains a number of provisions which may, under the domestic law of many States, qualify as directly applicable ("self-executing provisions"). This is the case, particularly, of the provisions formulating individual rights. Other provisions contain more general principles which may require the enactment of legislation in order that effect be given to them in domestic law.