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Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine : ウィキペディア英語版 | 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 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.〔(Roberto Andorno, ''The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law,'' JIBL Vol 02, 2005 )〕 The Convention entered into force on 1 December 1999. ==Characteristics== The Convention provides a framework structure to preserve human dignity comprehensively across the field of bioethics.〔(Ismini Kriari-Cataris, ''The 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,'' Panteion University of Social and Political Sciences Athens, Greece, Journal of Asian and International Bioethics, 12 (2002) 90-93 )〕 The instrument is shaped around the premise that there is a fundamental connection between human rights and biomedicine.〔(Roberto Andorno, ''The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law,'' JIBL Vol 02, 2005 )〕 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.〔(Henriette Roscam Abbing, ''The Convention on Human Rights and Biomedicine. An Appraisal of the Council of Europe Convention'', European Journal of Health Law, 1998, no.5, p.379 )〕
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