When in the course of an intervention any part of a human body is removed, it may be stored and used for a purpose other than that for which it was removed, only if this is done in conformity with appropriate information and consent procedures.
Chapter VIII
INFRINGEMENTS OF THE PROVISIONS OF THE CONVENTION
Article 23
Infringement of the rights or principles
The Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of the rights and principles set forth in this Convention at short notice.
Article 24
Compensation for undue damage
The person who has suffered undue damage resulting from an intervention is entitled to fair compensation according to the conditions and procedures prescribed by law.
Article 25
Sanctions
Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained in this Convention.
Chapter IX
RELATION BETWEEN THIS CONVENTION AND OTHER PROVISIONS
Article 26
Restrictions on the exercise of the rights
1. No restrictions shall be placed on the exercise of the rights and protective provisions contained in this Convention other than such as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the prevention of crime, for the protection of public health or for the protection of the rights and freedoms of others.
2. The restrictions contemplated in the preceding paragraph may not be placed on Articles 11, 13, 14, 16, 17, 19, 20 and 21.
Article 27
Wider protection
None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a Party to grant a wider measure of protection with regard to the application of biology and medicine than is stipulated in this Convention.
Chapter X
PUBLIC DEBATE
Article 28
Public debate
Parties to this Convention shall see to it that: the fundamental questions raised by the developments of biology and medicine are the subject of appropriate public discussion in the light, in particular, of relevant medical, social, economic, ethical and legal implications, and that their possible application is Trade the subject of appropriate consultation.
Chapter XI
INTERPRETATION AND FOLLOW-UP OF THE CONVENTION
Article 29
Interpretation of the Convention
The European Court of Human Rights may give, without direct reference to any specific proceedings pending in a court, advisory opinions on legal questions concerning the interpretation of the present Convention at the request of:
- the Government of a Party, after having informed the other Parties,
- the Committee set up by Article 32, with membership restricted to the Representatives of the Parties to this Convention, by a decision adopted by a two-third majority of votes cast.
Article 30
Reports on the application of the Convention
On receipt of a request from the Secretary General of the Council of Europe any Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention.
Chapter XII
PROTOCOLS
Article 31
Protocols
Protocols may be concluded in pursuance of Article 32, with a view to developing, in specific fields, the principles contained in this Convention.
The Protocols shall be open for signature by Signatories of the Convention. They shall be subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve Protocols without previously or simultaneously ratifying accepting or approving the Convention.
Chapter XIII
AMENDMENTS TO THE CONVENTION
Article 32
Amendments to the Convention
1. The tasks assigned to „the Committee” in the present article and in Article 29 shall be carried out by they Steering Committee on Bioethics (CDBI), or by any other committee designated to do so by the Committee of Ministers.
2. Without prejudice to the specific provisions of Article 29, each member State of the Council of Europe, as well as each Party to the present convention which is not a member of the Council of Europe, may be represented and have one vote in the Committee when the Committee carries out the tasks assigned to it by the present Convention.
3. Any State referred to in Article 33 or invited to accede to the Convention in accordance with the provisions of Article 34 which is not Party to this Convention may be represented on the Committee by an observer. If the European Community is not a Party it may be represented on the Committee by an observer.
4. In order to monitor scientific developments, the present Convention shall be examined within the Committee no later than five years from its entry into force and thereafter at such intervals as the Committee may determine.
5. Any proposal for an amendment to this Convention, and any proposal for a Protocol or for an amendment to a Protocol, presented by a party, the Committee or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, to the European Community, to any Signatory, to any Party, to any State invited to sign this Convention in accordance with the provisions of Article 33 and to any State invited to accede to it in accordance with the provisions of Article 34.
6. The Committee shall examine the proposal not earlier than two months after it has been forwarded by the Secretary General in accordance with paragraph 5. The Committee shall submit the text adopted by a two-thirds majority of the votes cast to the Committee of Ministers for approval. After its approval, this text shall be forwarded to the Parties for ratification, acceptance or approval.
7. Any amendment shall enter into force, in respect of those Parties which have accepted it, on the first day of the month following the expiration of a period of one month after the date on which five Parties, including at least four member States of the Council of Europe, have informed the Secretary General that they have accepted it.
In respect of any Party which subsequently accepts it, the amendment shall enter into force on the first day of the month following the expiration of a period of one month after the date on which that Party has informed the Secretary General of its acceptance.
Chapter XIV
FINAL CLAUSES
Article 33
Signature, ratification and entry into force
1. This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and by the European Community.
2. This Convention is subject to ratification, acceptance or approval Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2 of the present article.
4. In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.
Article 34
Non-member States
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties, invite any non-member State of the Council of Europe to accede to this Convention by a decision taken by the majority provided for in Article 20, sub-paragraph d), of the Statute of the Council of Europe, and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Articles 35
Territories
1. Any Signatory may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply. Any other State may formulate the same declaration when depositing its instrument of accession.
2. Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 36
Reservations
1. Any State and the European Community may, when signing this Convention or when depositing the instrument of ratification, acceptance, approval or accession, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.
2. Any reservation made under this article shall contain a brief statement of the relevant law.
3. Any Party which extends the application of this Convention to a territory mentioned in the declaration referred to in Article 35, paragraph 2, may, in respect of the territory concerned, make a reservation in accordance with the provisions of the preceding paragraphs.
4. Any Party which has made the reservation mentioned in this Article may withdraw it by means of a declaration addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of one month after the date of its receipt by the Secretary General.
Article 37
Denunciation
1. Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 38
Notifications
The Secretary General of the Council of Europe shall notify the member States of the Council, the European Community, any Signatory, any Party and any other State which has been invited to accede to this Convention of
a) any signature;
b) the deposit of any instrument of ratification, acceptance, approval or accession;
c) any date of entry into force of this Convention in accordance with Articles 33 or 34;
d) any amendment or Protocol adopted in accordance with Article 32, and the date on which such an amendment or Protocol enters into force;
e) any declaration made under the provisions of Article 35;
f) any reservation and withdrawal of reservation made in pursuance of the provisions of Article 36;
g) any other act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Oviedo (Asturias), this 4th day of April 1997, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the European Community, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to this Convention.
Az Európa Tanácsnak az emberi lény emberi jogainak és méltóságának a biológia és az orvostudomány alkalmazására való tekintettel történő védelméről szóló, Oviedóban, 1997. április 4-én kelt egyezménye: Egyezmény az emberi jogokról és a biomedicináról
Preambulum
Az Európa Tanács tagállamai, más Államok és az Európai Közösség, amelyek a jelen Egyezményt aláírták,
figyelembe véve az Emberi jogok egyetemes nyilatkozatát, amelyet az Egyesült Nemzetek Közgyűlése 1948. december 10-én fogadott el,
figyelembe véve az 1950. november 4. napján kelt Egyezményt az emberi jogok és alapvető szabadságok védelméről,
figyelembe véve az 1961. október 18. napján kelt Európai Szociális Kartát,
figyelembe véve az 1966. december 16. keltezésű Polgári és politikai jogok nemzetközi egyezségokmányát és a Gazdasági, szociális és kulturális jogok nemzetközi egyezségokmányát,
figyelembe véve az 1981. január 28. napján kelt Egyezményt az egyén védelméről tekintettel személyes jellegű adatainak gépi feldolgozására,
figyelembe véve egyúttal a Gyermek jogairól szóló, 1989. november 20. napján kelt egyezményt,
figyelembe véve, hogy az Európa Tanács célja a tagjai közötti nagyobb egység megvalósítása és hogy e cél elérésének egyik módja az emberi jogok és alapvető szabadságok védelme és fejlesztése,
tudatában a biológia és az orvostudomány gyors fejlődésének,
meggyőződve az emberi lény tiszteletben tartásának szükségességéről mind egyéni, mind az emberi fajhoz tartozó mivoltában és elismerve méltósága biztosításának jelentőségét,
annak tudatában, hogy a biológia és az orvostudomány nem megfelelő alkalmazása az emberi méltóságot veszélyeztető cselekményekhez vezethet,
kijelentve, hogy a biológia és az orvostudomány előrehaladását a jelen és a jövő nemzedékek javára kell felhasználni,