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Haupt arrow newsitems arrow CoE New Chief Buric to EF on BioEthics Treaty Interpretation by ECHR: Trust, but Sensitive=>careful

CoE New Chief Buric to EF on BioEthics Treaty Interpretation by ECHR: Trust, but Sensitive=>careful

Geschrieben von ACM
Tuesday, 11 February 2020

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*Strasbourg/Angelo Marcopolo/- Replying Today to an "Eurofora" Question, CoE New Secretary General, Marija Buric (2019-2024), reacted to ECHR President's anouncement, in EU Parliament Yesterday, about EuroJudges starting to be Consulted for Interpreting CoE's BioEthical Rules, "for the 1st Time in History", by Expressing her "Trust" to Strasbourg's PanEuropean Court, in general, even when it notoriously adapts its methods of interpretation to the needs of nowadays Society (Comp. Infra), But, also Warning that there are "Sensitive" Issues in this particular area, inviting to be Careful.

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 - "Eurofora" pointed to the Fact that Buric had Concluded her Speech by a Call to "Defend CoE's Rules" and Values, and we observed that BioEthics come Nowadays at the Forefront of Topical and "Hot" Contradictions. while ECHR's President had just announced, Yesterday in EU Parliament in Strasbourg, that, "for the 1st Time in History", EuroJudges Start to be Consulted on the interpretation of CoE's 1997/8 "Oviedo" Convention on Human Dignity and Bioethics, (See: http://www.eurofora.net/newsflashes/news/coesgburiconechrbioethicsinterpretation.html), Knowing that ECHR uses, generaly, since 1970, to Adapt somehow the Interpreted Texts to the Living Society of our Times. Even if this might be, in general, Interesting, (particularly for Long-living Texts, as that of ECHR, which Date More than 70 Years), nevertheless, given also the Fact that BioEthics raise certain particularly "Sensitive" Issues for Humankind, (while CoE's Rules there Date "Only" around 20 Years-Time: Since 1998), wouldn't we all, Better be "Carefull" on the way they might be Interpretered ?

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 -  " I CanNot Commend on what ECHR's President said", the New CoE's SG observed from the outset, Carefuly.

-  "But  it's true that the Court tries to Adapt itself on the Needs of the Society" in general, "in order to go forward, and ameliorate certain things".

 - "As far as I'm personally concerned, I am inclined to Trust the Court, because it did always well, and made advance certain issues".

- However, "as You said, this (BioEthics) is a very Sensitive matter", she Warned.

- "But also a too Complex one, for me to say more" now, she modestly concluded Carefully, (Comp. Supra).

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ECHR has been Already Consulted on BioEthics also, f.ex;, by French Supreme Courts on "End of Life" Cases ("Lambert", etc), "Surrogate Mothers"' cases, etc., But Only in order to interpret the PanEuropean Convention on Human Rights' classic general text, (particularly Article 2 = end or beginning of "Life", and Article 8 = "Private life/Family").

+ "Very Recently", CoE's Committee on BioEthics asked ECHR to give a Consultative Interpretation about Article 7 of CoE's "Oviedo" Treaty, on "Human Rights and Dignity of the Human Person in Medicine and Biology" (1997-1998), concerning Measures on Persons suffering from "Mental Disorders", revealed Yesterday at EU Parliament ECHR's President Alexandros Sicilianos.

Any Member-State can also do so, in Addition to that Committtee itself, but it's "the 1st Time in History", until now, that ECHR would Interpret anOther, Different Text from that of the 70 Years Old PanEuropean Convention on Human Rights, and, meanwhile, it's Competent Committee just Started to Adopt the required New Rules of Procedure, for this new era, he revealed; (See : ..., etc). "Hot" Topical BioEthical Issues, such as a Global Ban on "Human Cloning" (since 1998), Heritable Human Genome Editing, etc., are included among the Many and Various "Oviedo" Convention BioEthic matters.

+ By the way, President Alexander Sicilianos' Birthplace : Greece, which is due to take over CoE's rotating Chairmanship during the Period of May - November 2020, has notoriously proposed the ECHR for this same year's (which coincides with CoE's 70th Anniversary) prestigious "Nobel" Peace Prize.

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 CoE SG Catherine Lalumière's (with whom, "Eurofora"s co-Founder had Started to work at the CoE) Bureau and of the Congres of Local and Regional Authorities of Europe (CLRAE), as well as Denis Huber, President of CoE's Staff Association, and former Director of CoE's "North-South" Center (Lisbon).


Other Questions concerned well-known Issues, (such as "BREXIT", Ukraine, Russia, Turkey, OSCE, Budget, etc), and the Replies were mostly Familiar to those who had followed Buric's recent interventions at CoE's Assembly, etc.

 

 

(../..)

 

("Draft-News")

 

(NDLR: Original = in French. => Fast Translation in English)

 

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Sarkozy and Merkel want deals with Obama on European Security at Strasbourg's NATO 2009 Summit

oscenato
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In parallel but concording moves, EU Chair, French President Nicolas Sarkozy and German Chancellor Angie Merkel both invited this week US-President elect, Barack Obama, to discuss important deals breaking new ground on European Security during the NATO's 60 Years Anniversary Summit of Heads of State in Strasbourg, where Obama is expected to make his 1st visit to Europe as a President on April 2009.

Merkel focused mainly on smoother NATO - EU Defence and Security policy cooperation, while Sarkozy spoke about PanEuropean Security, associating both Russia and the USA, proposing to freeze missile and shields' deployement until an agreement is reached.

But both tackled some hard nuts to crack : Turkey's VETO against the participation of EU Member Cyprus to EU-NATO cooperation, and Russia's anouncement on deployment of missiles up to Kaliningrad, at EU's belly, in reply to USA's wish to set up missile shields in EU States such as Poland or Czech Republic, etc.


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- "Certainly...one of the points that we'll dicuss with the New US President", Barak OBAMA, "who will come f'or the 1st time in Europe as president, at the NATO Summit", co-hosted by France and Germany in Strasbourg, ""concerns, above all, the European Security and Defence Policy" (ESDP), and "the relations between NATO and its partners", with whom it should "work together", anounced earlier this week Merkel.

We must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", because of a "series of practical issues, sometimes difficult to understand", but that "we must discuss".

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- "An example" of that is "the issue of Cyprus and Turkey", said Merkel, where Ankara raises problems "from Kosovo up to Afghanistan", as also CoE's chair, Swedish Foreign Minister Carl Bildt recently observed in Strasbourg replying to EuroFora's questions.

- "We must do something to smoothen this problem for good, and not only on a case-by-case basis, laboriously negotiated each time". Here, we must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", Merkel stressed.

- "With good will from all sides, it could and should be posible. Germany wants also to help on that". Otherwise, "the coming generations will not understand why it took Decades to do so". But, if we "don't even achieve that for Decades, this would be an Historic Failure !", the German Chancellor warned

- "I think that our American partners are increasingly realizing that", Merkel said, pleading for "a stronger European Security and Defence policy, with which, I believe, the Atlantic Security Partnership can also strengthen and solidify".

Meanwhile, USA is also due to take in 2009 a special status inside EU-led EUROCORPS, the European Army HeadQuarters, based in Strasbourg.

Merkel said that after meeting in Berlin with NATO's Secretary General, Jaap de Hoop Scheffer, earlier this week, precisely in order to "prepare NATO's Summit", scheduled for the beginning of April 2009 in Strasbourg.

Scheffe, knows well Strasbourg, since he chaired the CoE, as Holland's Foreign Minister, when he brokered a controversial deal precisely on Turkey and Cyprus about the implementation of ECHR judgements on Greek Cypriot displaced persons' houses and properties in 2003. He returned later at least once, for a WEO meeting at the CoE, where he precisely had highlighted such EU - NATO issues.

EU Commission's 2008 Report on Turkey has just observed that, on European Defense - Security policy, "Turkey continues to object to EU-NATO Cooperation which would involve all EU Member States". "This created Problems for EU-NATO co-operation in the context of Civilian ESDP missions, in particular in Kosovo and Afghanistan".
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 French EU Chair, President Sarkozy and Merkel are visiting Washington on Friday and Saturday for a Global G-20 Summit with current US President George Bush, on the sidelines of which are expected preparatory contacts with US President-elect Obama's entourage, even if himself might stay in Chicago until he takes over on January 21.

Before going to Washington, Sarkozy concluded today an UE - Russia Summit with Dmitry Medvedev, where they "spoke in length on PanEuropean Security" :

- As EU President, I proposed that we meet on mid-2009 in a framework such as OSCE's in order to set the foundations of a Future Pan-European Security, which would associate Russia and USA, and that, meanwhile, nobody speaks about deploying missiles or shields, which complicate the situation".

- NATO's Summit in Strasbourg-Kehl, on April 2009 is a perfect occasion to discuss with our American friends and to prepare a possible OSCE Summit for these issues f.ex. for June or July", Sarkozy concluded.

- We must all abstain from Unilateral measures" dangerous for Europe's security. "Russia only reacted to decisions taken by some other countries. But if they are ready to cooperate, we are ready to discuss. EU could be an intermediary", added Russian President Dmitry Medvedev, before going himself too at the Washington G-20 Economic Summit.

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