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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).


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("Draft-Text")

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Facing a 70% Abstention threat in 2009 Election, EU endorses EuroFora's idea for Citizens' debates on crucial EU decisions !

- Different views on "Europe's Future", should be debated among Citizens at June 2009 EU Elections, thanks to political Parties' "Manifestos", says EU Parliament's Report


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
A main idea, initiated and promoted by EuroFora's founders since 1997: the vital need to develop European Citizens' democratic right to actively participate in multilingual debates on EU decisions, is formally endorsed by the EU from 2009 !

The move is a key attempt to overcome "catastrophic" Polls which warn that only ...30% of Citizens are ready to vote in the forthcoming June 2009 EU Election !  This was revealed by EU Commission's vice-president, in charge of Communication policy, Margot Wallstrom, during a "hot" meeting of EU Parliament's Committee on Culture and Education, during the December 2008 Strasbourg session.

Wallstrom faced criticism, but also suggestions from various MEPs, naturally worried by Abstention threats which herself found even "worse" than in 1999 or 2004...

A Report on "Active Dialogue with Citizens",examined at the same time, presented some useful practical tips, on "facilitating Interviews"; etc., but also a  potentialy important call to "incorporate the conclusions of ...debates...into (EU) policies, and take into consideration the expectations that Citizens have of the EU when deciding". An amendment even implies that Citizens' participation in debates on EU decisions is a democratic "Right".

More importantly, it finds that  a Debate "on the Future of Europe", (as French President Nicolas Sarkozy has asked since 2007), would be a good idea " for the 2009 European parliamentary Elections", because "clarifying the political differences between the EU political parties would help citizens to identify themselves with, and choose between various concepts", for which "all parties (should) present their Manifesto".

A "Joint political declaration on Communicating Europe in Partnership", co-signed by "the European Parliament, Council and ... Commission", confirms that they "attach the utmost importance to improving communication on EU issues", by "enabling European citizens to exercise their right to participate in the democratic life of the Union, in which decisions are taken as openly as possible and as closely as possible to the citizens, observing the principles of pluralism, participation, openness and transparency".

This should "enable Citizens to exercise their right to express their views and to participate actively in the public Debate on European Union issues", while also "promoting the respect of multilingualism". In this regard, EU confirms its "wish to develop synergies with national, regional and local authorities as well as with representatives of Civil Society".

    It's since 1997 that a group of EuroFora's founders have officially presented a pioneer Project (then called "EIW", for "Europe in the World"), which aimed to develop Strasbourg's "Polyphonic music", by providing "Interactive information", on "main issues ... during the Decision-making process of European Organizations which engage in Transparent and Public Democratic Debates"

    This should be done, inter alia, by "exploring the potential of New Communication Tools (mainly Internet)", as well as classic-form debates, the 1997 EIW pioneer project's anounced in its "Synopsis". It was formally "accepted for evaluation" by EU Commission in Brussels in order to be examined for a grant in the framework of the "Research/Technology/Development (RTD) Programme in the field of Information Technologies", then called "ESPRIT", as a "Best Practice Pilot Project".

eiw_project_eu_program_esprit_ds_1997.._400

        But the vital, urgent Political need for EU to search new, efficient ways to reach the People and interact with European Citizens, was really felt in Brussels and elsewhere only after the unprecedented in History 1999 and 2004 Majority Abstention in EU Elections, followed by 3 "NO" in Referenda in France, the Netherlands and Ireland, on 2005 and 2008...
    In this New Political Landscape, we prepared a new, actualised and more developed version of our initial idea, in a simplified and more efficient form, thanks also to a large Experience accumulated during many years of EU/CoE/UNO Press work and Multi-lingual debates, with the New project "EuroFora" :

    On 2006 we presented in Public its main lines during Questions/Replies that we raised at two Press Conferences by EU Commission President, Jose Baroso, and mainly EU Commission's vice-President, in charge of Communication policy, Margot Wallstrom, together with EU Parliament's vice-president, Alejo Vidal-Quadras, in Strasbourg, (Videos available), and we reminded it at various brief contacts with Commissioner Wallstrom in 2007 and 2008.

    Meanwhile, a new Text was also presented for "EuroFora" Project mainly to certain Political and other personalities, at European, National or Regional/Local level, mainly in 2007, but also in 2008..

    Now, after the unexpected 2008 Irish "NO", and before the 2009 EU Elections, which are due to be of exceptionally crucial importance for Europe's Future, the moment has obviously come to launch that project, progressively, but in real practice.

    Whoever really cares for Europe and its Citizens is welcome to join, in one way or another. Only anti-European, anti-democratic, obscure or ignorant groups might oppose or attempt to "steal" and deviate the main idea.

    But European Citizens, incited by enlightened political leaders, are those who will finally write the real History.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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