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Accueil 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 ?

Ecrit par 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".


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

macron_at_echr_turns_on_bioethics_400
(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".

 

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(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.

 

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(Macron walked his way from COE's HQ to the ECHR)
 
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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...


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


 - 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.

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


    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 ?)

--------------------------------------------
Belloubet
--------------------------------------------


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)

---


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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  Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
   

A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.    

The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.   

Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP)  Michel BARNIER and Rachida DATI :

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     - "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",

    "This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER                                              .                             

  - Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.   

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This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.

The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :   

- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.   

Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed   

And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.       

dati_a_cedh_1_400 

It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...    

But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.   

F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR :  257, compared to 233 for Russia, with a population more than the double..    

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- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.   

Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.   

On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).   

The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.   

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Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.          

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The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.

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(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)..
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