David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medicine and Philosophy 25 (2):147 – 180 (2000)
The Convention on Human Rights and Biomedicine confuses respect for a person's right to self-determination with concern about protecting human beings generally. In a legal document, this mixture of deontological with utilitarian considerations undermines what it should preserve: respect for human dignity as the foundation of modern rights-based democracies. Falling prey to the ambiguity of freedom, the Convention blurs the dividing line between morality and the law. The document should be remedied through distinguishing fundamental rights from social 'rights', persons as entitled to the right to self-determination from born humans as entitled to the right to life and from members of the human species as entitled to the morally respo-nsible care of voting majorities. For the cultivating of the required responsibility, the conditions for an adequate public debate should be secured.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Gorik Ooms (2010). Why the West Is Perceived as Being Unworthy of Cooperation. Journal of Law, Medicine & Ethics 38 (3):594-613.
Rick Lawson (2010). Pt. 1. Setting the Scene: Human Rights and Health Ethics. Dwelling on the Threshold: On the Interaction Between the European Convention on Human Rights and the Biomedicine Convention. [REVIEW] In André den Exter (ed.), Human Rights and Biomedicine. Maklu.
Council of Europe (1997). Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and Biomedicine. Kennedy Institute of Ethics Journal 7 (3):277-290.
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Adam Kolber (2002). Standing Upright: The Moral and Legal Standing of Humans and Other Apes. Stanford Law Review 54:163-204.
Janet E. Lord, David Suozzi & Allyn L. Taylor (2010). Lessons From the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance. Journal of Law, Medicine & Ethics 38 (3):564-579.
Martin Gunderson (2006). Human Rights, Dignity, and the Science of Genetic Engineering. Social Philosophy Today 22:43-57.
Lars Reuter (2000). Human is What is Born of a Human: Personhood, Rationality, and an European Convention. Journal of Medicine and Philosophy 25 (2):181 – 194.
F. William Dommel & Duane Alexander (1997). The Convention on Human Rights and Biomedicine of the Council of Europe. Kennedy Institute of Ethics Journal 7 (3):259-276.
Added to index2009-01-28
Total downloads6 ( #292,147 of 1,696,633 )
Recent downloads (6 months)1 ( #346,145 of 1,696,633 )
How can I increase my downloads?