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Home arrow newsitems arrow French Minister of Justice Belloubet to EF: -Debate on eventual New BioEthical Rules from 2018 ?

French Minister of Justice Belloubet to EF: -Debate on eventual New BioEthical Rules from 2018 ?

Written by ACM
Tuesday, 31 October 2017
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*Strasbourg/ECHR/Angelo Marcopolo/- It's from 2018 that should Start Debates on key BioEthical Issues, including in France, that President Macron Highlighted at the Conclusion of his Speech at the ECHR, earlier Today, (Promissing to Exclude "Brutality", and that People's "Conscience" will Not be "Silenced"), but Concrete Details still appear to remain quite floue, at least for the moment, as it results mainly from the Reply given given to "Eurofora" b the New French Miister of Justice, Nicole Belloubet (See Infra), in Strasbourg's "Palais des Droits de l'homme".


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(Macron, in fine, turned ECHR's attention towards BioEthics)
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     - "Eurofora" had raised a Question to the Minister, during a Press-point with Journalists organized at the ECHR, just After French President Emmanuel Macron's long Speech there, Earler Today, (Comp. also, f.ex.: ...), about what he had Named (after Victor Hugo) as "more Promised Lands, than Conquered Plots", such as in "BioEthics", "Big Data", "Enhanced Man", etc, where, after "Essential Debates", particularly on "New Technologies", Human Rights would have to be Defended anew by fixing asap adequate Legal Rules, as he Highlighted in Conclusion.

 

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    - Macron promised Today, in front of the ECHR, that "None of these Debates will ever occur with Brutality", "Neither Political Motivations would ever Silence the Conscience" of People, who will have to Deal with such "Innovations, at the Heart of our Society".

 

echrs_pressroom_during_macron_speech_eurofora_400

(President Raimondi + ECHR's PressRoom)

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Because, "while France is Not Afraid of Scientific Innovations", at the same time, "it's Committed to ensure that Equality will be Respected, as well as the Fundamental Rights", in front of such "Issues of the Future", where "Europe will have to Fight", "in an "Extra-Territorial World, when even Humanity itself is on the Verge of being Transformed", (f.ex. in cases concerning "Surrogate Mothers", and/or "Children Born out of" our Country's Natural Procreations, etc., as ECHR's current President, Raimondi, had evoked before), "in order to Transmit Intact to the Next Generations" those basic Human "Rights that we must Always Adapt and ReVive", as he said in Conclusion.

 

macron_walked_his_way_from_coes_hq_to_echr_eurofora_400
 
(Macron walked his way from COE's HQ to the ECHR)
 
macron_walked_frm_coes_hq_to_echr_eurofora_400 
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      - "At which Time-Horizon ?", specifically asked "Eurofora", on such kind of issues, the New French Minister of Justice.


       - "As far as France is concerned, we have a Work which is done (in this area) by the National Committee on Ethics", Nicole Belloubet observed from the outset, in Reply.


    - So, "a Debate is due to take place on these (BioEthical) Issues, and especially a Parliamentary Debate", she added.


    - In particular, "Without any Doubt, there is a Reflexion which would Start during the Vote of the (New) Law on BioEthics", Minister Belloulet explained.


    - And this is expected "in One Year", i.e. during 2018, she Replied in concreto to the above-mentioned "Eurofora"'s Question.


    Without making it, however, Crystal Clear yet, whether all that will include also a Citizens' open and public Debate, and in which practical Conditions, Neither if the Entire Process might, or not, extend further on 2019, if necessary.


    - According to the Latest relevant Law, (that of 2011, when France also Ratified COE's PanEuropean "Oviedo" Convention on Human Rights and Bio-Medicine), that French Committee on Ethics in Life and Health Sciences, was Obliged to Organize "a Public Debate" Before "Any Project of Reform" on its core Issues.


    - But this was Limited Only "in the Form of <<Etats Généraux>>", i.e. through the Intermediary of a "Selection" of certain "Citizens" Only, supposed to "Represent" themselves the whole "Society, in its Diversity", who are, moreover, "Trained"  by some "Experts" appointed by the Public Authorities, and Simply "Edit an Opinion and Recommendations", which are Merely made "Public" at the End...


    >>> On the Contrary, even the National Committee's own "Debates", and any other Preparatory Work, Before Final Decisions on BioEthics, are held ...Only Behind Closed Doors !


    However, around 2011, the French Authorities had Also Organized a real previous Public Debate on the latest BioEthical Issues at Stake, Open to All interested Citizens, which used the Modern Internet Technologies in the form of a Web "Forum" accessible to all involved, (almost as "Eurofora"s Project had already Suggested Earlier)...


    => That Move had managed to Attract a great Number of active Citizens, who Published various, more or less Critical Views in many Thousands of Pages, all Transparent, Readable and Answerable at the Web, whjere they were classified according to the Main Issues at stake.


But certain Regretable Confusions (mainly by a few Intermediaries) on the Precise Date of Closure of that Public Consultaton in that Web Forum on BioEthics, had unfortunately pushed some to Miss that Rendez-vous...


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 - CoE's PanEuropean "Oviedo" Convention on Human Rights and Bio-Medicine, (applicable also in France), asks, under the Heading "Public Debate" (Article 28), for all "the Fundamental Questions raised by the Developments of Biology and Medicine", to be "the subject of :


(A) "Consultation", concerning "their Possible Application", and


(B) "of Public Discussion", "in the Light ... of relevant Medical, Social, Economic and Legal Implications".

 

+ According to its "Explanatory Report", CoE's "Oviedo" Convention, even if it gives a Large Margin of Discretionary Appreciation to States on how exactly to organize such events, nevertheless, it also "Prompts ... to create Greater Public Awareness of the fundamental Questions raised by the Application of Biology and Medicine", as well as it stresses that "Society's Views must be Ascertained ...with Regard to Problems concerning its members as a whole".
 

I.e. something which, apparently, includes Prior Information of concerned Citizens, as well as to Collect and Take into Account their main Observations : Elements which could serve as a Legal Basis also for an eventual Judicial Control on the Way that States use their Discretionary Powers, in order to avoid eventual Abuse.

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    In France, the "National Committee on Ethics for Life and Health Sciences" is a prestigious Consultatif body, initially Created by former Long-Time President Francois Mitterand (Socialist), back on 1983, precisely on a core BioEthical Issue : I.e. just after the 1st Birth artificically obtained by "In Vitro Fertilisation" ("IVF") in the country on 1982...


    Most Facts clearly indicate that, in real Practice, each one of its successive Presidents more or less "Coincided" with a New ... political President of the Republic : F.ex. Mitterand (Socialist) with Prof. Jean Bernard (1983 - 1993), while his successor, Jean-Paul Changeux (1993_1998) partly coincides with a Transition towards the Beginning of Center-Right's Jacques Chirac (1995-2007). The latter was notoriously obliged to a "CoHabitation" with Socialist Prime Minister Lionel Jospin between 1995-2001, but, even if he was Re-Elected for 2002 - 2007, nevertheless, Prof. Didier Sicard remained at the Head of that Ethics Committee, (probably chosen by the previous Cohabitation). So that it seems that it was Only Prof. Alain Grimfeld (2008-2012) who has been Freely Elected by the Right side of the Political Spectrum, during Nicolas Sarkozy's presidency (2007-2012). But Socialist Francois Hollande (2012-2017) obviously chose Prof. Chose Jean-Claude Ameisen (2012-2016), and, Curiously, even his Successor, Prof. Jean-François Delfraissy (2016 - ?), whose mandate exceptionally Extends deep inside Emmanuel Macron's New Presidency (2017-2022)...


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


Nicole Belloubet made it clear, indirectly but surely, that she was speaking to "Eurofora" Today for what might happen in the foreseeable Future in France itself.


But, recently, CoE's BioEthical Committee's President, Dr. Beatrice Ioan from Romania, confirmed to "Eurofora" her intention to present, by a Coincidence also on 2018, an agreed full "Action Plan" Draft on how to Regulate crucial New Challenges faced by Human Rights in front of Fast-Evolving New Bio-Medical Technologies, at the PanEuropean level of all CoE's 47 Member States and perhaps beyond, (See : http://www.eurofora.net/newsflashes/news/coebioethicsactionplananddebatesonnewtech.html).


And it's also true that Macron himself evoked, Earlier Today, in his Speech at the ECHR, rather a series of Europe-Wide Dimension Issues, including, particularly, on "BioEthics", on which Strasbourg's Organisation might, eventually, conclude its collective Decision-making process by its Committee of Ministers somewhere near its forthcoming Presidency by France on 2019, (Comp.: http://www.eurofora.net/newsflashes/news/coesgandnewfrenchpresidentonrussia.html ).


However, Macron spoke about "Promised Lands", as he described the Issues to which he refered, instead of speaking about "New Rules", even on Classical or simply Older Issues.Meanwhile, at an Exceptionally Important PanEuropean/International Conference on BioEthics, Last Week in Strasbourg, (See: http://www.eurofora.net/newsflashes/news/coebioethicsactionplananddebatesonnewtech.html), the Experienced President of CoE's PanEuropean Inter-Governemental Committee on Human Rights, Brigitte Konz, advised to be Carefull :


    - Attention to our Classical, Basic Legal Texts, which already Exist Before recent New-BioTech developments : Because, "If some Touch upon them, then, Afterwards,we Risk, perhaps, to have Less Protection" for Human Righs, she rightfully Warned...

In case, indeed, that some Minority Lobbies might, eventually, attempt to Exploit a Majority's ignorance and/or current Apathy in order to exert Pressure on Decision-Makers to Change real "Human Rights", into a kind of ... "Trans-Human" or even "Post-Human" rights" !.. (Comp., f.ex.:  http://www.eurofora.net/newsflashes/news/biotechasnuclearbombsglobalfightforhumanity.html ).

 

 echr_red_carpet_eurofora_400

(ECHR's Red Carpet .."Post-Macron", as "Post-Human": Wasn't it better when he was here ?)

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Belloubet
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The New French Minister of Justice is a fully-fledged Legal University Expert in general Public Law, who has served since 2013 also to the Country's supreme Court : the "Constitutional Council", competent even to judge Complaints for alleged Violation of the PanEuropean Convention of Human Rights, before they might, eventually, arrive at the ECHR in Strasbourg.


Belloubet served at the CC. under the Presidencies of 2 Political HeavyWeights, Both former key Ministers and National Assembly Speakers : Mainly Center-Right's politician Jean-Louis Debré (a "Gaullist") until 2016, but also Socialist Laurent Fabius, (Comp. various Press Statements to "Eurofora"s co-Founder, made in the Past by both Debré and Fabius, f.ex. at : http://www.eurofora.net/newsflashes/news/franceconstitutionalcourtpresidentongermanbvg.html + http://www.eurofora.net/newsflashes/news/fabiusonmalisecuirityanddevelopment.html , http://www.eurofora.net/newsflashes/news/fabiusonsyrianopposition.html, etc).

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Fabius was present, Today, at that ECHR's event, (together with the other 2 French Highest Court's Heads).

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(Fabius, CC Head, with Highest Administrative + Civil Court's Heads, at ECHR - CoE)

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While also a former Socialist politician, mainly at Regional level, (including on Education, Unversities, etc), on the National level, Nicole Belloubet is widely considered to be personally close to the several times former Top Minister (of Culture, Education, etc), Jack Lang, an atypical Socialist, initially PhD Candidate in Public Law with the Same Director as "Eurofora"s co-Founder : Experienced former Dean of Strasbourg's University, Professor Jean Waline, (Son of Historic Legal Scientist Marcel Waline), and former President of the International Institute for Human Rights "René Cassin",  currently Author of regular New Editions of the "Classic" and Popular (ex-"Rivero") Manual on "Administrative Law", estimated to be one of the Best in France. After having made various Press Statements as Minister to "Eurofora"s co-Founder in the Past, Lang joined on 2007 a National "Committee on Institutions' Modernisation" which proposes part of Reforms adopted under former French President Nicolas Sarkozy, who appointed him later as Envoy to Cuba and North Korea on 2009, becoming also UNO's International Law Expert against Piracy on 2010. He is Now, since his nomination by former French President Francois Hollande on 2013, President of the prestigious "Institute on the Arab World" in Paris, where he had Personally invited "Eurofora" on November 2015 to an Exceptional Meeting with the NOBEL Peace Prize winners from Tunisia's Civil Society NGOs, (at which we regretted to have been practically hindered to attend, inter alia, also because of a Time-lapse due to a Coincidence with an Important CoE's Conference on Risks faced by Journalists and "Freedom of Expression" organized in Strasbourg at the Same Date : Comp., among others, also, f.ex.: http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html + http://www.eurofora.net/newsflashes/news/ifjvpresidentcoespeakeronbusinesmediaagainstjournalismincrisisera.html + http://www.eurofora.net/newsflashes/news/unfreespeechrapporteurkayaonrisksofbillsonradicalism.html , etc).

 

 

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    Scientific innovation joined to Faith for Human Rights, Eastern Partnership and fight against the Crisis, but above all, the need to overcome the "Crisis of Trust" from EU Citizens, are the main priorities for new EU Parliament's President, Polish Jerzy Buzek, that a 555-votes-strong majority of MEPs on July 14,  Strasbourg made a living symbol of the fact that, 20 years after the fall of Berlin Wall (1989 - 2009) there is no more an Eastern or Western Europe, but only one Europe, as the head of the largest group of MEPs, ChristianDemocrats/EPP, Joseph Daul, stressed after the event.

    Speaking later to a group of Strasbourg's Journalists, including "EuroFora", the new EU Parliament's President clarified his stance on concrete topical issues, as f.ex. that of Turkey's controversial EU bid, which was one of the main issues of the June 2009 Electoral campain, clearly won by his party of ChristianDemocrats/EPP :  - "At present, Turkey does not fullfil none of EU conditions", he stressed, (See infra).

imag0958_400

    Buzek is well known in Strasbourg and to "EuroFora" as EU Rapporteur for the Framework Program of Scientific Research and Development of Technologies. A Natural Science Professor from the Historic and Religious landmark Polish City of Częstochowa, active in the famous Solidarnosk grass-roots social movement, he served 4 years as Prime Minister (1997-2001), before being elected as MEP in 2004 and 2009, after he brillantly won the latest EU Election at the head of his party (EPP) almost doubling the number of its MEPs from 15 to 28 !

    - "Innovation" and "Energy safety", as well as fight against the "Cimat change", but also "Eastern Partnership", the "Mediterranean", "Strategic partnerships" with Russia, the USA, etc, and the search for "solutions to the Economic Crisis" that EU Citizens "expect" from us, will be his "priorities", announced from the outset the new EU Parliament's President, reminding also that the quest for "Human and Civic Rights" played an important role in his experience with the Solidarnosc grass-roots social movement in Poland's History

    But, the most important of all, is the urgent need to overcome the "Crisis of Trust" between EU Institutions and the People he stressed : - EU "Citizens often don't understand us", denounced Buzek, launcing a call to "do anything for EU Citizens to understand our work" in EU Parliament : "We (MEPs) need to make EU Citizens involved" in "what we are doing every week, in Strasbourg and Brussels", he proposed. Pointing f.ex. to the hot "Debates" with "strong arguments" exchanged between MEPs during the preparation of their Legislative Decisions, in Committees, delivering often hard struggles between initially opposed points of view, long before forging a majority at the final vote, sometimes more than a year..

    Therefore, EU Parliament will be "open to your criticism, for discussion and exchange of views", he promissed to Journalists in Strasbourg.

    In this way, Buzek, in fact, highlighted "EuroFora"s main idea, that we strongly advocate since 1997-2007, to systematicaly and actively involve EU Citizens in public debates during the decision-making process of important EU measures, which affect their lives and the society in which they live, (and not only just a few weeks each 4 or 5 Years at the eve of EU Elections)...
--------------------
    This is related also to the symbolic gift that Buzek chose to give to the out-going former EU Parliament's President, Hans Gert Poettering, (2007-2009), his collegue in the ChristianDemocrats/EPP, who brillantly won 2009 EU Elections in Germany : A genuine statute of sainte Barbara crafted in Silesia's black Coal by Polish Miners : Those simple but strong people who fought for social change against some technocrats and bureaucrats disguissed into so-called "real-socialists" of old times. (PHOTO).

    It's enough to have seen a popular open air mass, at Warsaw's center, with many thousands of people, old and young, simple workers and intellectuals mixed together, with references to Poland's history and struggles for survival and liberty, through various ages, (as fex. that organized at the eve of CoE's 2005 panEuropean Heads of State and Government for the beatification of late Pope John-Paul II), in order to understand what such symbols mean..

buzek_press_a_400

    But, overcoming the "Crisis of Trust" with EU Citizens obviously implies also to rectify any errors done in the past, fex. on Turkey's controversial EU bid, with controversial decisions taken in 1999 and 2004 to give a "candidate" status and to start EU negotiations, provoking an unprecedented series of 3 "No" to EuroReferenda and 3 Majoriy Abstentions in EU Parliament Elections : 1999, 2005 and 2009, (even if the latest one succeeded to decelerate and almost stop the drop of participation rates, opening hopes for vote's revival after an electoral campaign clearly critical to Turkey's claims in several mainstream EU countries)
    
    Therefore, Buzek was faced with manifold critical Questions on EU Enlargement, most of them citting concrete examples of certain political problems  :  But his replies were almost always given as a matter of general principle :

    F.ex. Questioned on the suspension of EU - Croatia talks because of a Border conflict with EU Member Slovenia, Buzek prefered to speak about principles :

- "We know that during Enlargement, the process can be blocked by failure to resolve this kind of issues",  This concerns also other enlargments' cases", and "these rules are always in force" he warned.


But Buzek avoided to directly reply to a queston on "French and German EPP' calls to define the Borders of Europe", as a German journalist asked him by making a reference to French President Nicolas Sarkozy, and German Chancellor Angie Merkel's, critical statements on Turkey at the June 2009 Electoral campain.    

- "Concerning Enlargement, there's always the same rules : There have to be Criteria, which have to be respected if a Country wants to join the EU", he started to simply reply.

- "For my country (Poland) it took us 15 Years to fullfil these Criteria", Buzek reminded, indicating, if proportions are kept, that Turkey, fex. would have to spend some 25 years before eventually joining the EU..

- "Countries wishing to join the EU need to Change their Systems", as we (Poland and other former Eastern European Countries) did, he stressed.

- "'For me, meeting the condition of Human Rights is one of the Key conditions for membership in the EU", preferring again to speak from the point of view of General Principles, on the occasion of an untimely question on Serbia (which is not even a candidate yet)...

- "Turkey" has, "first of all", to fullfil (EU) Copenhagen criteria". Bevause, currently, none of them is fullfiled by Turkey", New EU Parliament's President, denounced, speaking later to a group of Journalists, including "EuroFora".

buzek_close_a_400 

In particular, on Human Rights :  - "We (EU) can never forget Human Rights", because "this is at the very Foundations of the EU", Buzek added.

On the contrary, when he referred to EU Enlargment for the  "Western Balkans Countries ", Buzek appeared upbeat, finding "promising situations", despite "difficulties" in the Past, since "Countries are queuing to become EU members", and this "generated changes", as he said.

As for Russia, Buzek observed that it was a "very important" country, located "in the same Continent", Europe,  "close to our borders", and "we need eachother". "But Russia' has 'differend poblems : "They claim that their system is Democratic, but rules are differend", and we must be "aware of such differencies", fex. "on Human Rights", that we can't ignore, as he said;

Concerning China, where a journalist observed that the recipient of EU Parliament's latest "Sakharov prize" for freedom of thought is "still in prison", Buzek found that since the 1999 events in Tien Amin square, "we see differencies on Human Rights still today", and expressed his "support" for those who try to ameliorate the situation.

On the contrary, speaking recently to "EuroFora" he strongly supported the idea for an EU - Ukraine cooperation, fex. between Airbus and Antonov, in order to build a  less costly but more performant than the old and problematic A400M, new Military Transport Airplane : - "They (Ukranian Antonov Company) can certainly do it. I'm sure they can. It's a good Idea, and I'd be glad if it was done", he told us. (See : http://www.eurofora.net/newsflashes/news/airbusantonov.html )


(../..)

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