In lieu of an abstract, here is a brief excerpt of the content: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 BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in (...) mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 355-366.

Conflict of interest is an issue that has been put in the spotlight by the commercial application of the new biomedical technologies. This paper presents the approach of the Council of Europe and the binding legal instruments to deal with this problem. The main focus is on the Convention on Human Rights and Biomedicine, and its draft additional Protocol on Biomedical Research.

Designing education policy, curriculum and competences which promote and nourish the values and/or morals believed to underpin democratic culture is both contentious and something which has...

This symposium discussed bioethics teaching, research and documentation and also research ethics committees. An international convention for the protection of the integrity of the human body was called for, as was a new European Committee on Ethics. 'The genetic impact' was a major preoccupation of the symposium.

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

This paper addresses the work of the Council of Europe in the fight against corruption. It presents briefly the Council of Europe’s organisation, activities and priorities and goes on to introduce its work in the fight against corruption. Activities in this field are carried out by the Multidisciplinary Group on Corruption (GMC) which is made up of governmental representatives of the forty Member States of the Organisation and in accordance with a Plan of Action against Corruption. (...) Following work by the GMC, the Committee of Ministers, the decision-making body of the Council of Europe, adopted in 1997 ‘The 20 Guiding principles for the Fight against Corruption’ and in 1998 ‘The Agreement establishing the Group of States against Corruption-GRECO’ which will be called upon to monitor States’ compliance with their international commitments in the fight against corruption. Three international legal instruments are currently under preparation by the GMC, namely: a convention on corruption (dealing with the criminal aspects of the problem), a convention on civil remedies resulting from corruption and a European model code of conduct for Public Officials. Work on these instruments is well advanced and it is expected that they will be adopted before the end of 1998. (shrink)

For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as ‘sexist hate speech’, as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights law. The argument derives from the (...) claim than that legal discourse should distinguish between ‘sexist speech’ and ‘sexist hate speech’, and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies. (shrink)

: The Convention on Human Rights and Biomedicine developed by the Council of Europe, now undergoing ratification, is the first international treaty focused on bioethics. This article describes the background of the Convention's development and its general provisions and provides a comparison of its requirements with those of federal regulations governing research with human subjects. Although most provisions are comparable, there are significant differences in scope and applicability, for example, in the areas of compensation for injury, research participation (...) by persons with limited capacity to consent, assisted reproduction, organ transplantation, and research in emergency situations. The Convention represents a milestone in international bioethics and protection of human rights that will probably be referred to with increasing frequency. (shrink)

The paper highlights the need to clarify the definition of “psychic capacities” and the difficulty in distinguishing between improved capacity and improved functioning. Before considering whether it is legally permissible to undertake an intervention on psychic capacities, and if so under what conditions, it is necessary to consider whether such an intervention is ethically appropriate. If the intervention is ethically appropriate, whether it is legally permissible according to the instruments of the Council of Europe will depend on the (...) person's status (for example, whether the person is an adult or a child, or able or not able to give consent), the type of intervention proposed, and in certain cases the type of material used in the intervention. The paper discusses the regulations that are relevant to these different situations. (shrink)

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity (...) to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level. (shrink)

The growth of research ethics committees worldwide is now fairly rapid and new “markets” for research ethics are opening all the time. The market metaphor is appropriate, since a good deal of the impetus for research ethics review comes from the development of new pharmaceutical products, the globalisation of pharmaceutical research, development and marketing, and the internationalisation of regulatory standards for pharmaceutical R&D. The need for independent ethical review of research protocols by a committee drawing on a range of professional (...) and lay expertise is established as a moral, a quality-management and a regulatory requirement in many jurisdictions, and internationally in the Declaration of Helsinki, the Council of Europe’s Biomedicine Convention, and the International Committee on Harmonisation’s Tripartite Guideline on Good Clinical Practice. Central and Eastern Europe have for many years been sites …. (shrink)

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

Medical research aims to achieve a better scientific understanding of health and disease. It is firstly undertaken for the improvement of medical care in general, not excluding a potential direct benefit for participants undergoing such research. There is a traditional conflict between the fundamental rights and the dignity of those participating individuals and the interests of science, researchers and even the society. The Convention of Human Rights and Biomedicine of the Council of Europe is a new legally binding (...) instrument for the solution of these conflicts. (shrink)

Muslims living in England are living in a predicament. On the onehand, they have to face the reality that the laws governing the family institutionare secular in nature. This poses a threat to their identity and freedom ofreligion. On the other hand, they are commanded by Islam to settle theirdisputes according to its laws and principles. However, this is unrealistic,simply due to the fact that the only recognized legal system in England isthe English Law. To circumvent this situation, certain Muslim (...) scholars andcommunities have established quasi-judicial courts, acting in the capacity ofmediators, counsellors, arbitrators and even judges, in order to settle maritaldisputes. These courts, known as Shariah councils, provide a modern approachto alternative dispute resolution, whereby Muslim families and individualscan have their disputes resolved amicably. It was also set up as a response forMuslims to adapt to life under the English secular laws in which they live in,that do not afford them the right of having a Sharʑah-based institution. Onesuch Shariah council offering a modern approach to settling marital disputesamicably is the Islamic Council of Europe. The researcher conducted anin-depth interview with the said council and was able to collect a couple ofarbitrational cases and analysed them in order to give a better understandinginto its inner workings, its structural set-up and operation. Hence, this paperaims to critically and juristically analyse them from an Islamic legal maximperspective while taking the Muslim minority context into consideration. (shrink)

The place for the placebo in human clinical research is addressed in this paper. The World Medical Association which is comprised of some 80 National Medical Associations uses much of its resources to address medical ethics and human rights issues. It adopted the Declaration of Helsinki in June 1964 which addressed the protection of individuals in clinical trials. The use of placebos assumes an important role in this document. Five Revisions of the Declaration of Helsinki have occurred and the most (...) recent was adopted in October 2000. The provisions on placebo are now in Paragraph 29 which reads as follows:“The benefit, risks, burdens and effectiveness of a new method should be tested against those of the best current prophylactic, diagnostic and therapeutic methods. This does not exclude the use of placebo, or no treatment, in studies where no proven prophylactic, diagnostic or therapeutic methods exists.”The reactions to the newly revised version of the Declaration of Helsinki were numerous and rapid, not the least of which was the paragraph I quoted above.At the direction of the WMA Council, a small group of experts together with the WMA workgroup studied the Paragraph 29 to ensure that no ethically sound research was being restricted by the revision. The outcome was approved by the Council and later the WMA General Assembly in October 2000. This gives a note of clarification as to the appropriate use of placebos. Numerous papers and statements over the last several years have described positions very much in line with the Note of Clarification cited above. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior attempts (...) to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate education, (...) development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law and medicine, (...) truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)

The article covers the development of the idea of ​​patriarchal status in 1945-1962 within the Ukrainian Greek Catholic Church in the diaspora, focusing mainly on the third wave of Ukrainian emigration. After the Second World War, about 250,000 Ukrainian refugees found themselves in Western Europe, from where in 1947-1955, they moved to the countries of North and South America, Western Europe and Australia. The growing role of the Church, which continued to play a significant role in their lives (...) after their resettlement to the countries mentioned above, marked the experience of their stay in the DP camps. The DP camps became a place of a closer rapprochement between Ukrainian Greek Catholics and Orthodox Christians, one consequence of which was the appeals of a Ukrainian Greek Catholic bishops with a proposal to create a joint patriarchate with Ukrainian Orthodox, which would be in unity with Rome. On the other hand, the expansion of the geography of the presence of the UGCC and the founding of new metropolises in Canada and the United States brought to the fore the question of the unity of all structural units of this Church at the global level, which, as some believed, could have been secured by the patriarchal institution. Finally, the patriarchate was considered by the post-war Ukrainian emigration as a means of preserving the unity of the diaspora in the face of assimilation and disintegration. Furthermore, in the future, as an institution that could effectively help the Church revive at home after independence. The last aspect of the patriarchal idea had a significant impact on the emergence of the Ukrainian patriarchal movement, and its closeness to the goals set by the third wave of Ukrainian emigration provided that movement with a high level of massiveness and passionate vigorousness for the movement. (shrink)

We write in response to the original article by Rennie and Rudland published in the April 2003 edition of this journal.1 Current and former Dundee Medical School students are concerned at the media misinterpretation of the study and the consequences that this branding of “dishonesty” will have on Dundee Medical School’s reputation and also on individuals embarking on their ….

The Second World War offered an excellent opportunity for some U.S. think tanks to influence foreign-policy-making processes and get involved in transatlantic diplomacy. This study seeks to demonstrate that the Council on Foreign Relations (CFR) challenged the stalemate between the U.S. and French authorities by gathering together U.S. experts and non-collaborationist French leaders. A first-hand reconstruction of this informal network is based on the unreleased Peace Aims Group’s records. This was a unique CFR exchange programme for European governments-in-exile’s representatives. (...) In the first part, a general reconstruction of Council on Foreign Relations’ planning introduces an original assessment of the meetings with some prominent French intellectuals and politicians. It is argued that these conferences can be interpreted as rare examples of wartime public diplomacy. The second part discloses new historical evidence demonstrating the participation of Jean Monnet in a Peace Aims session. This discovery proves the existence of a long-term partnership between one of the key protagonists of the European integration process and the most authoritative foreign-policy think tank working for the Roosevelt administration. Overall, the analysis of Peace Aims Group’s off-the-record discussions sheds new light on the WWII transatlantic debate on postwar Europe and France. (shrink)