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Bioethics and the right to privacy : a human rights approachLampe, RokThe European Court of Human Rights (ECHR) in Strasbourg is the highest judicial body of all members of the Council of Europe and the most effective guarantee for the protection of human rights in ... international law. Founded by the European Convention for the Protection of Human Rihgts and Funadamental Freedoms (1950), that is also the primal International Document on protection of human rights on the religional (European) level. The practice of the ECHR must be understood as precedents that set a minimun standard of humen rights that must be also guaranteed by member States. Art. 8 of the ECHR guarantees everyone the Right of Privacy as a basic Human Right. The ECHR reached the crucial "bioethical" decisions concerning abortion ("Bruggemann and Scheuten v. FRG") right of transsexuals ("Christine Goodwine v VB","I v. VB"), as well with termination of life on request and assisted suicide (:Pretty v U.K.") on the ground of the Art 8 (Right to privacy). On tje other hand the Council of Europe also tried to harmonize the European laes concerning crucial bioethical questions, with general rules set in the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine (1997) and also with its Additional Protocol (1998). Although the Convention (1950) primary tries to established an effective system of protection of human rights against the States, the practice of the ECHR allows them a wide margin of appreciation. The Conventionfrom 1997, thou imposes stricter obligations on States concerning respect of person's dignity and privacy in medicine and biology.Source: Eighth International Tsukuba bioethics roundtable = TRT8 : abstracts : University of Tsukuba, 15-18 february 2003 (2003, Str. 7)Type of material - conference contributionPublish date - 2003Language - englishCOBISS.SI-ID - 52375809
Author
Lampe, Rok
Topics
civilno pravo |
osebna svoboda |
pravica do zasebnosti |
Evropsko sodišče za človekove pravice |
pravni vidik |
Evropa
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