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Home arrow newsitems arrow ECHR President to EU Parliament: 1st Historic Step on interpretating CoE BioEthics Treaty on 2020

ECHR President to EU Parliament: 1st Historic Step on interpretating CoE BioEthics Treaty on 2020

Written by ACM
Monday, 10 February 2020

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*Strasbourg/Angelo Marcopolo/- Replying to Questions raised at an EU Parliament's Human Rights Committee's Exceptional Hearing, this Evening in Strasbourg, ECHR's President, Professor Linos-Alexander Sicilianos, from Greece, (Comp. President Sicilianos' statements to "Eurofora", f.ex. on the PanEuropean ReUnification's repercussions on Human Rights, at : ..., etc), Announced that, "for the 1st Time", Euro-Judges are due to Interpret and/or Follow up also CoE's landmark Convention on "Bio-Ethics" (1998), known as "Oviedo" Convention, somewhere in 2020, and Not Only its general Human Rights' Convention, to which it used to be limited until now, calling that Extension "a 1st Historic Step !"

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Significantly, after a Brief Overview of ECHR's main "Successes and Challenges" Nowadays, where he had Already mentioned "BioEthics", but withOut developing, President Sicilianos chose, among a Long Series of various Topical Questions raised by MEPs, to "Start by the Beginning", as he stressed, Picking, at First, the observation, made by Luxembourg's MEP Isabel Wiseler-Lima, (who spoke on behalf of the Greatest Political Group, that of Christiandemocats/EPP), that, paradoxically, he had taken the initiative to initialy evoke "BioEthics", but withOut specifying yet, and invited him to Clarify what exactly he meant.

 

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- "Issues about BioEthics" already raised at the ECHR, "are, indeed, Numerous", observed from the outset Alexander Sicilianos.

- F.ex., "we had Cases about the End of Life", "particularly in France, with the (Famous) Lambert affair" ; "we also had cases concerning Bio-Medicine" ; "as well as Medical Experiments" (Tests) ; "Consent to Medical Operations" ; "We also have Questions concerning <<Surrogate Mothers>>", f.ex., "Recently we gave a Consultative Opinion, on a Demand by the French Final Court of Appeals, which followed it compeletely, as an example of that "Dialogue" Mechanism (of Protocol 16th) allowing to the National Supreme Courts to Ask for ECHR's Views ; etc...

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+ Moreover, "very Recently, we had a Demand from CoE's Committee on BioEthics" (an important InterGovernemental Experts' Body for PanEuropean Standards-setting), concerning the Interpretation of Article 7 of CoE's Convention on BioEthics, (known as "Oviedo" Treaty), "which raises very Delicate Issues", (about Protection of Persons suffering from Mental Disorders : something notoriously often abused by Oppressive Regimes and/or Corrupted Networks, in order to Muzzle Socio-Political Dissidents, Competitors, etc. A Sharp Contradiction exists Nowadays, Inside CoE and vis a vis many UNO ONG Actors, among those who Justify the use of Violence and/or Coertion against such Patients, under certain Conditons, and those who Exclude it, as a matter of Principle). The "Oviedo" Convention (1998) on Human Rights and Dignity of the Human being vis a vis Medicine and Biology, is an entirely Different Treaty from CoE's Convention for Human Rights, (that ECHR's Judges are due to Apply), even if, at least in Some Points, those 2 Different and Indepenent Texts, inevitably use partly Similar Approaches, in one way or another. ECHR had Never Before been pushed to Interpret Oviedo Treaty's BioEthical Law, (despite its Article 29, which allows to any Member State and/or to CoE's Committee on BioEthics to Ask for ECHR's Consultative Opinion, but had Not been used until Now).

=> So, "this will be a Great <<Première>> (a "Great First Night"), and "an Historic 1st Step !", ECHR's President appreciated, because of the UnPrecedented character of that New exercise.

- "Already Today ECHR's Committee of Rules met, precisely in order to Adopt New Rules for those New Activities, which would allow us, I Hope, during this Year (2020) to Adopt a <<Constructive>> Opinion on such Oviedo Convention's BioEthics Key-Points, "for the 1st Time", he eagerly announced.

 

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However, naturally, the above-mentioned New Activity on "Interpretation" of Oviedo's BioEthical Treaty's Rules, should pay attention not to Change the ECHR's Method of "Live", UpDating Translation, (Comp. Supra), into a kind of indirect "Reform" of the 1998 Text, which might Risk to Weaken People's Protection, at one or another pretext, (considering also the Fact that the "Oviedo" Text had been Criticized, then, particularly by Germany and Cyprus, as having been adopted "Ad Minima")...

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+ "But, BioEthics are a "Rich" Area, which naturally touches also on our European Convention on Human Rights, particularly its Article 8 on Private/Family Life, and Also its Article 2, on Human Life : End or Beginning of Life" (i.e. Human Embryo), etc., Sicilianos reminded, in parallel, as far as the Full ECHR's Competence is concerned, (Comp. Supra).


(../..)

("Draft-Text")

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    An "Eugenic" loophole Amendment, which might expose to Dangers reminiscent of "3rd Reich's" notorious Genetic Abuses, hidden at the last minute inside an otherwise Good, larger Health policy Package scheduled to be voted on Thursday, was strongly denounced by a coalition of MEPs from various Political Groups and Countries, in a Press Conference held this afternoon at EU Parliament in Strasbourg.

    Mainly calling to "Select Human Embryos", via "Genetic Counselling" and "pre-implantation" Techniques including "Genetic Tests", in order to "Eradicate Hereditary rare Diseases", it might open ways to Dangerous Practices in Future, they denounced in substance.

    But they also made it clear that a much larger Report inside which this Controversial Amendment "No 15" was added in dubious circumstances, officialy destinated to struggle against "Rare Diseases", and drafted by Professor Antonios Trakatellis, was otherwise "an Excellent Report", aiming at a "completely Uncontroversial target" of Health policy on which "all MEPs and Experts are united, believing that Europe should act" to protect People's Health (See "EuroFora"'s earlier News).

    The controversy came at a particularly delicate moment for the EU in relation to Citizens, at the eve of June 2009 EU Elections, and shortly before Ireland re-votes for "Lisbon Treaty"..    

- Denouncing risks of "an Eugenic demand, very similar to what we had during the 3rd Reich in Germany, but now coming from some Scientisists themselves", German ChristianDemocrat/EPP MEP Dr. Peter Liese stressed that critical MEPs were against "Eugenic" engineering with "Selection of Human Embryos", and anything which might ultimately lead up to to a "Selection of Human Race". It doesn't help to "eradicate" Human Lives, he added.


    Several Experts and NGOs expressed "Deep Concern", as f;ex. DR M.C. Cornel of the "European Society of Human Genetics", which stressed, on this occasion, that "the importance of Non-Directiveness in Reproductive issues is a Central characteristic of Human Genetics, after the Atrocities committed in the name of Genetics in the first half or the 20th Century".

     - "This is completely Unacceptable", stressed Italian Liberal MEP Vittorio Prodi, on the Controversial Amendment, also because pushes to "eliminate early Human Life", as he noted.

     - "This opens a Dangerous Road, rather a Motorway", denounced Danish MEP Mrs Margrette Auken, from the "Greens", observing that various similar attempts were made in the Past "not only in Germany, but also in several other Countries, "even at the 1970ies", "f.ex. on forced Sterilisation of Roma" People, and other criticisable situations f.ex. in the UK, in Sweden, etc. as she said.

    + Other NGOs, as f.ex. "LebenHilfe" from Berlin, added that, among various other Risks, could also be that, by exploiting the pre-implantation Genetic Diagnostics and the Selection of "healthy" Embryos, some may "propagate" several "Eugenic" aims, starting f.ex. by pushing to eradicate Human Livies which might "Cost too much" to preserve, ultimately exposing to dangers reminiscent of the "3rd Reich"'s atrocious abuses.

    In consequence, ChristianDemocrats/EPP and "Green" MEPs "decided by Majority to vote against" this Controversial Amendment, anounced to Journalists the 5 MEPs who participated in the Press Conference, representing a wide spectrum, from Liberals to "Greens" and ChristianDemocrats, and from Hungary, Italy, Germany and Danemark up to Ireland (Gay Mitchell), etc.
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    Hungarian ChristianDemocrat MEP Laszlo Surjan said "that it was "Suddenly, at the End of the Procedure" in Committee, that "appeared this (Controversial) Amendment, which has nothing to do" with the main purpose of the Report, on which all agreed.

    He denounced an "Unhonest" move, and called to "avoid this kind of unacceptable situations". Nobody should "Select People", Surjan stressed.

    - "We (MEPs) had No Chance to Discuss" this last-minute Amendment earlier added at a Committee's level, said German MEP Peter Liese

    Speaking to "EuroFora", Dr. Liese, the Spokesman of the ChristianDemocrat/EPP Group in EU Parliament, said that MEPs didn't oppose other references of the Report f.ex. on "Genetic Tests", because they were "no proposals" to impose them, while, on the contrary, there was "a Problem" if anyone attempted to "impose" f.ex. this or that Genetic Technique and "Genetic Counselling", etc. to the People on human reproduction.
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The precise Text :
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    Controversial parts of Amendment No 15 ask mainly "to lead finally to the Eradication" of "Hereditary" "rare diseases", "through Genetic Counselling .., and ..pre-Implantation Selection of healthy Embryos".

    But  EU Rapporteur Professor Trakatellis, said to "EuroFora" that fears should be alleviated by Guarantees that all this should be done only "where appropriate", when it's "not contrary to existing National Law", and "always on a Voluntary basis", according to other Parts of the Amendment.

    He stressed that the main aim was to allow "a free and informed choice of persons involved", without imposing them anything :  - "It's not an obligatory, but advisary" text, he said.

    To make that point clear, he was ready, in agreement with many MEPs, to eventually drop at least that part of the controversial Amendment which initially called for "efforts to ..lead finally to the Eradication of those rare diseases" "which are Hereditary".

    But, until late Wednesday evening, reportedly together with many other MEPs, he stood by all the rest of the controversial Amendment, (fex. on the "Genetic Counselling" and the "pre-implantation Selection of healthy Embryos"), so that critical MEPs, going from ChristianDemocrats as Dr. Liese, to "Greens" or "Ind/Dem", observed to "EuroFora" that "this was not enough" to close the dangerous loophole.

    Particularly since, as Professor Trakatellis noted himself, "this is already allowed to the U.K.", and "other National Legislations would probably follow, sooner or later" in a similar direction. As for a general call to "Eradicate Hereditary rare Diseases", this "should happen, at any case, in practice, de facto", to protect public Health.

    On the contrary, "our goal should be to help patients suffering from rare diseases, not to eradicate the patients. In case of genetic disease risk, the decision should not be guided by scenarios" made by politicians. "Perents who may decide to accept a child, even if handicapped or with genetic disease, must be respected and supported with solidarity", critical MEPs stated.

    - "Any Pressure" to "a patient or couple (who "should be able to make an informed choice consistent with their own values"),"from health Professionals, Public Health Policies or Governemental Institutions, or Society at large, should be avoided", stresses the "European Society for Human Genetics".

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Each MEP's vote will be registered !

-----------------------------------   

The Socialist Group requested a "Split vote" on the Amendment 15, first without, and afterwards with the words "lead finally to the Eradication" etc.


    But the first "split vote" leaves intact all the other parts of the Controversial Amendment, (i.e. "Genetic Counselling", "Selection of healthy Embryos", etc).

    That's why, 3 Groups of MEPs : ChristianDemocrats/EPP, "Greens/EFA", and "Ind/Dem", have asked for "Roll Call Votes", on everything regarding the Controversial Amendment No 15, and on the final outcome of the resulting Report as amended, which will register all the individual positions to be taken by each MEP.   

Something which will obviously make each MEP think twice before voting for one or another choice, to be sure that he/she will make the right choice in front of EU Citizens, particularly at these pre-Election times...


    Crucial Votes were scheduled between 12 Noon and 1 p.m. local Strasbourg time, in the middle of a long series of various other Reports, and after a long Public Debate on the larger Health policy package, from 9 to 11.50 am.

    The specific Report inside which was hidden the controversial Amendment is due to be debated between 11 and 12 am.

    So that more last-minute Surprises may not be excluded a priori...

    Particularly at the present Historic moment, when even the Institutional Future of the EU depends on the result of a second Referendum on "Lisbon Treaty", later this year, in ...Ireland, a mainly Catholic country, where People are particularly sensitive in such kind of socio-cultural and values issues...
 

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     (Draft due to be updated).
 
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