Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine
| The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine | |
|---|---|
| Signed | 4 April 1997 |
| Location | Oviedo, Spain |
| Effective | 1 December 1999 |
| Condition | 5 Ratifications including 4 Council of Europe Members |
| Ratifiers | 29 |
| Depositary | Secretary General of the Council of Europe |
| Languages | English and French |
The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine is an international instrument aiming to prohibit the misuse of innovations in biomedicine and to protect human dignity. The Convention was opened for signature on 4 April 1997 in Oviedo, Spain and is thus otherwise known as the Oviedo Convention. The International treaty is a manifestation of the effort on the part of the Council of Europe to keep pace with developments in the field of biomedicine; it is notably the first multilateral binding instrument entirely devoted to biolaw. The Convention entered into force on 1 December 1999.
The Convention provides a framework structure to preserve human dignity comprehensively across the field of bioethics. The instrument is shaped around the premise that there is a fundamental connection between human rights and biomedicine. A minimum common standard is created by the Convention and allows states to legislate for a greater degree of protection upon ratification (Article 27). In addition, judicial protection is conferred on the national courts. Therefore, there is no basis on which an individual can bring an action in relation to the Oviedo Convention alone. The Convention may only be referenced in conjunction with proceedings brought in respect of a violation of the European Convention on Human Rights. Absence of any provisions for a judicial procedure from the convention is considered to be a major weakness of the Oviedo Convention.
The rate of advancement in biomedicine caused concern to the Council of Europe that as much as development in this field instilled hope for mankind, it also posed a threat. It became the objective of the Council of Europe to set out common general standards for the protection of the dignity of the human person in relation to biomedical sciences. A draft convention was requested by the Steering Committee on Bioethics (CDBI) and drafted by its Working Group in July 1992. The draft convention underwent public consultation in July 1994, adopted by the Committee of Ministers in November 1996, and finally opened for signature on 4 April 1997.
35 states have signed the ‘’’Oviedo Convention’’’ since it was opened for signature in 1997, however only 29 of these states have signed and ratified the convention. This means that only 29 states have implemented the principles of the instrument into their national law. Furthermore, 6 of those ratifying states have reservations limiting the extent to which they are bound to certain provisions. Notably, the UK and Germany have neither signed nor ratified the convention. The UK considered the convention too restrictive, whereas Germany thought it too permissive.
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