La tutela della dignità umana: fondamento e scopo della Convenzione di Oviedo. In: Furlan, E. Bioetica e dignità umana: Interpretazioni a. PDF on ResearchGate | On May 1, , R Andorno and others published La tutela della dignità umana: fondamento e scopo della Convenzione di Oviedo. Venti anni dopo la Convenzione di Oviedo / Equitable access, appropriate quality . Twenty years after the Oviedo Convention | Il diritto alla tutela della salute.

Author: Kazitaxe Zugore
Country: Guyana
Language: English (Spanish)
Genre: Science
Published (Last): 4 September 2013
Pages: 192
PDF File Size: 6.62 Mb
ePub File Size: 13.67 Mb
ISBN: 491-6-21532-554-3
Downloads: 71881
Price: Free* [*Free Regsitration Required]
Uploader: Arazshura

In his reconstruction of the various positions, the author shows how jurisprudence oscillates between the extremes of the identification of compulsory “atypical” measures useful to the physician in fulfilling his duty to safeguard health even “contra voluntatem”, and the recognition of an absolute and pre-eminent significance to the refusal of medical care, even when such cannot be confirmed owing to the patient’s state of unconsciousness.

Neri Demetrio, Crispr-Cas9, la convenzione di Oviedo e le generazioni future – PhilPapers

Monthly downloads Sorry, there are not enough data points to plot this chart. The Convention recognises also the patient’s right not to know.

The author finds a similar variety of views in doctrine.

The treaty allows genetic engineering only for preventive, diagnostic or therapeutic reasons and only where it does not aim to change the genetic make-up of a person’s descendants. Firme e ratifiche Riserve et Dichiarazioni Rapporto esplicativo Protocolli. Translations sorted by non-official languages. Cases of this type pose a dramatic dilemma.

The only restrictions are those prescribed by law and which are necessary in a democratic society in convemzione interest of public convenzkone, for the prevention of crime, for the protection of public health or for the protection of the rights and freedoms of others. Nevertheless, at the ovifdo when a practical decision is imperative the physician might look in vain for guidance in legal theory and practice, which up to now have proved capable only of providing a highly contradictory gamut of solutions: Added to PP index Total downloads 1 1, of 2, Recent downloads 6 months 1of 2, How can I increase my downloads?

Related Posts  ALTEK 422 PDF

Wade – – Bioessays 39 The Convention’s starting point is that the interests of human beings must come before the interests of science or society. Greely – – American Journal of Bioethics 15 Additional Protocols are foreseen to clarify, strengthen and supplement the overall Convention.

The Convention stipulates that all patients have a right to be informed about their health, including the results of predictive genetic tests.

On one side of the issue is the essentially dominant approach, which deduces from the clear expression contained in Art. What legal theory can nevertheless be reproached for is its frequent indulgence in considerations which may be of notable oviiedo significance, but which risk being misleading in the context of argumentation that aspires to be perfectly juridical.

No keywords specified fix it. Signatures and ratifications Reservations and declarations Explanatory report Protocols. Treaty Office on http: Martina Baumann – – NanoEthics 10 2: It prohibits the creation of human embryos for research purposes and requires an adequate protection of embryos where countries allow in-vitro research.

Human Genome Editing and Ethical Considerations.

Rivisteweb: Article Details

Details of Treaty No. The only exception is, under certain conditions, for regenerative tissue especially bone marrow between siblings.

Weiss – – Bioessays 36 1: The Convention sets out rules related to medical research by including detailed and precise conditions, especially for people who cannot give their consent.

No categories specified categorize this paper. The Convention recognises the importance of promoting a public debate and consultation on these questions. The greater the patient’s chances of being able to fonvenzione to a normal life, and the more irrational the reasons for the refusal appear to be, the more difficult it is for the physician to respect such a refusal. Convenzione sui Diritti dell’Uomo e la biomedicina.


If, in particular, the intent is to deduce applicable “rules” in cases such as these from the system in force, the jurist ought to perform a truly “humble act” and don the garb of the “pure” and “neutral” exegete of actual fact, abstaining from philosophical or political improvisations, and instead oviedi an effort to “set aside” personal convictions to avoid surreptitiously altering the course convvenzione reasoning. Request removal from index. The Convention is the first legally-binding international text designed to preserve human dignity, rights and freedoms, through a series of principles and prohibitions against the misuse of biological and medical advances.


The Convention prohibits the removal of organs and other tissues which cannot be regenerated from people not able to give consent. In actual fact, the responsibility for the handling of such problematic matters falls entirely to the physician. On the other hand, health care imposed by force, however conceived and carried out, evidently will assume the characteristics of a violent act particularly humiliating not just because aimed at the “body” of the patient, but above all because bound to downgrade the most deeply-rooted convictions of the interested party: It lays down a series of principles and prohibitions concerning bioethics, medical research, consent, rights to private life and information, organ transplantation, public debate etc.

Ben Merriman – – American Journal of Bioethics 15 La sola eccezione si ha, a certe condizioni, per il prelievo di tessuti rigenerabili tra fratelli e sorelle. La Convenzione riconosce anche il diritto del paziente a non essere informato.