CoE New Chief Buric to EF on BioEthics Treaty Interpretation by ECHR: Trust, but Sensitive=>careful
*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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Before the end of 2009, France and Germany will take strong initiatives to open "new Horizons" needed by Europe and the World, going well beyond the current Crisis' management, anounced French President Nicolas Sarkozy and German Chancellor Angie Merkel, reassuring that both a judgement on Lisbon Treaty by nearby Karlsruhe German Federal Court, and the forthcoming National Elections in Germany would confirm their capacity to act.
They were replying to Press questions in Berlin, after key-regional elections on Sunday, where Merkel's ChristianDemocratic party kept everywhere a strong 1st and won the possibility to forge a New Majority with Liberals at the largest of 3 Landers : Saxony (4 millions inhabitants), while its main competitor, the Socialdemocrat party fell to unprecedented lows : Tackled by the small "Linke" (left) party in Saarland (1 million inhabitants), it became even smaller than it in Saxony and Thuringen (3 million inhabitants), where SPD arrived only third. While its usual partners, the "Greens" also fell down, contrary to CDU's new partners, the FDP Liberals, who go up.
- "At any case, at the end of the year (2009), if things go as scheduled, we shall take strong initiatives, showing that Europe needs a Franco-German axis, as well as the World, even if it never excludes other" countries to join, replied Sarkozy to a question if France and Germany will revive the "European dream", by "relauncing the EU motor" for the Future, with actions going further than the mere management of the global crisis, (as it was done fex. in the Past with the creation of the "Euro" Monetary zone, etc).
- "I am convinced that the Franco-German friendship must be constantly nourished by New Projects", he added."There are many areas of cooperation where we intend to take, very soon, some Franco-German initiatives, which will allow to open more Horizons" to the EU, Sarkozy stressed.
But if "we don't speak about that now, it's only in order to avoid interfering in important elections coming in Germany", he observed. However, "we have already started to consider the Future with the (German) Chancellor, and what we can do in order to honour our predecessors". "We are already speaking about that, and we are preparing things". "I am working very well together with Mrs Merkel, and I wish that it goes on", Sarkozy concluded.
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Moreover, "Global Trade cannot be correctly dealt, without taking into account also Environmental and Social rules", Sarkozy added, referring to recently expressed positions against Unfair Competition via Environmental and/or Social Dumping, (See earlier "EuroFora"'s publications).
Such moves are obviously linked to the need to ensure at least an elementary respect for Human Rights by Third Countries, (f.ex. exploitation of Children's work, etc) in order to avoid, precisely, any such Social Dumping.
- "EU has Values, protecting Human Rights and Human Dignity", and "it cannot close its eyes" in front of grave violations, particularly "Torture and/or killings", added, indeed, Sarkozy.
Thus, "the time comes, where decisions must be taken". But, in case of "Sanctions", "all International opinion should be convinced of the need to take action", he observed.
Expressed on the occasion of recent developments in Iran, the same principles should logically apply also to other similar cases, including fex. that of Hundreds of ECHR judgements' condemning f;ex. Turkey for grave crimes, (as Torture, brutal Killings, Enforced "Disappearances", Destruction of Family Homes, harassments and oppressive violations of Freedom of Speech, etc).
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However, while the choice of a new EU Commission's President by EU Parliament is supposed, according to many MEPs' wish, take place according to EU policy issues, paradoxically, this would mean that Barroso's bid would pass before even the anouncement of France and Germany's "initiatives" for EU's "new Horizons"...