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):133 – 146 (2000)
The Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine is now one of the most important bioethics texts from the point of view of international policy and law. It is the result of five years of discussions and negotiations between the different instances of the Council of Europe. In this article I analyze several problems. First, there are problems of articulation between the Convention and the joint Explanatory Report. The oriented exegesis of the Explanatory Report raises suspicion about the Convention, which appears as a smooth façade for an instrument actually serving ideological positions many people do not share. Second, there are problems of formulation within the Convention. These are mainly problems with articles that state prohibitions without any distinction, relativization, contextualization or sense of evolution. Finally, there are problems of substance, leading to the conclusion that the Convention is not a good illustration of the human rights philosophical tradition in the name of which it has been proclaimed. This tradition is the one of Enlightenment. And when Kant summarizes the motto of Enlightenment, the injunction is "Sapere Aude!": "Dare to know!" It is difficult to hear such a message through the Convention, and the Explanatory Report includes too many passages and sentences that mean the opposite.
|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
Jane Wilson (2005). To Know or Not to Know? Genetic Ignorance, Autonomy and Paternalism. Bioethics 19 (5-6):492-504.
Similar books and articles
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
Margaret Gilbert (1983). Agreements, Conventions, and Language. Synthese 54 (3):375 - 407.
Frederic Megret, The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?
Maurizio Mori & Demetrio Neri (2001). Perils and Deficiencies of the European Convention on Human Rights and Biomedicine. Journal of Medicine and Philosophy 26 (3):323 – 333.
Martin Gunderson (2006). Human Rights, Dignity, and the Science of Genetic Engineering. Social Philosophy Today 22:43-57.
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.
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.
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.
Added to index2009-01-28
Total downloads5 ( #338,493 of 1,699,557 )
Recent downloads (6 months)1 ( #362,609 of 1,699,557 )
How can I increase my downloads?