International Law, Constitution, National legislation and Case Law
6 important questions on International Law, Constitution, National legislation and Case Law
Describe the origins of the first norms on Bioethics in three steps:
- Second World War: Atomic bomb and human experimentation during the Nazi regime.
- Universal Declaration on Human Rights (1948).
- Values to be protected in the fields of biomedicine and biotechnology.
Convention on Human Rights and Biomedicine (I). Art. 1 & 2 - primacy of human being and protection of its dignity and identity. What is decided here?
- Patient's exclusive right to be or not to be informed about his/her health.
Convention on Human Rights and Biomedicine (II).
Organ and tissue removal from living donors for transplantation purposes (art. 19). What are the general principle and the consequences?
- Persons not able to consent: only among siblings, being the last alternative to save the recipient's life and if the donor does not oppose.
- Prohibition of financial gain.
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Convention on Human Rights and Biomedicine (III). Art 13. Genetic Manipulations of the human being. What is described in this law?
What were the most controversial issues of the Convention on Human Rights and Biomedicine (V)?
- Research on embryos in vitro.
- Protection of persons not able to consent.
- Right not to know.
- Consent for organ removal in cases of dead persons.
The Spanish Constitution as the most important rule in the Spanish legal system, it contains the values to be protected in bioethical debates. Constitutional provisions to secure relevant values for Bioethics. Describe the two articles concerning Bioethics:
- Article 1: Freedom, justice and equality.
- Article 10.1: The dignity of the person, the inviolable rights which are inherent, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace.
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