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Pagina principale 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 ?

Scritto da 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_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.

 

macron_goes_on_about_bioethics_at_the_conclusion_of_his_echr_speech__eurofora_screenshot_400


    - 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).

 fabius_at_the_echr_400

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

frances_3_supreme_courts_heads_incl._fabius_400

(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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Sarkozy and Merkel want deals with Obama on European Security at Strasbourg's NATO 2009 Summit

oscenato
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In parallel but concording moves, EU Chair, French President Nicolas Sarkozy and German Chancellor Angie Merkel both invited this week US-President elect, Barack Obama, to discuss important deals breaking new ground on European Security during the NATO's 60 Years Anniversary Summit of Heads of State in Strasbourg, where Obama is expected to make his 1st visit to Europe as a President on April 2009.

Merkel focused mainly on smoother NATO - EU Defence and Security policy cooperation, while Sarkozy spoke about PanEuropean Security, associating both Russia and the USA, proposing to freeze missile and shields' deployement until an agreement is reached.

But both tackled some hard nuts to crack : Turkey's VETO against the participation of EU Member Cyprus to EU-NATO cooperation, and Russia's anouncement on deployment of missiles up to Kaliningrad, at EU's belly, in reply to USA's wish to set up missile shields in EU States such as Poland or Czech Republic, etc.


---------------------
- "Certainly...one of the points that we'll dicuss with the New US President", Barak OBAMA, "who will come f'or the 1st time in Europe as president, at the NATO Summit", co-hosted by France and Germany in Strasbourg, ""concerns, above all, the European Security and Defence Policy" (ESDP), and "the relations between NATO and its partners", with whom it should "work together", anounced earlier this week Merkel.

We must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", because of a "series of practical issues, sometimes difficult to understand", but that "we must discuss".

nato__merkel

- "An example" of that is "the issue of Cyprus and Turkey", said Merkel, where Ankara raises problems "from Kosovo up to Afghanistan", as also CoE's chair, Swedish Foreign Minister Carl Bildt recently observed in Strasbourg replying to EuroFora's questions.

- "We must do something to smoothen this problem for good, and not only on a case-by-case basis, laboriously negotiated each time". Here, we must find "a reasonable and adequate concept to articulate NATO and European Security and Defense policy", Merkel stressed.

- "With good will from all sides, it could and should be posible. Germany wants also to help on that". Otherwise, "the coming generations will not understand why it took Decades to do so". But, if we "don't even achieve that for Decades, this would be an Historic Failure !", the German Chancellor warned

- "I think that our American partners are increasingly realizing that", Merkel said, pleading for "a stronger European Security and Defence policy, with which, I believe, the Atlantic Security Partnership can also strengthen and solidify".

Meanwhile, USA is also due to take in 2009 a special status inside EU-led EUROCORPS, the European Army HeadQuarters, based in Strasbourg.

Merkel said that after meeting in Berlin with NATO's Secretary General, Jaap de Hoop Scheffer, earlier this week, precisely in order to "prepare NATO's Summit", scheduled for the beginning of April 2009 in Strasbourg.

Scheffe, knows well Strasbourg, since he chaired the CoE, as Holland's Foreign Minister, when he brokered a controversial deal precisely on Turkey and Cyprus about the implementation of ECHR judgements on Greek Cypriot displaced persons' houses and properties in 2003. He returned later at least once, for a WEO meeting at the CoE, where he precisely had highlighted such EU - NATO issues.

EU Commission's 2008 Report on Turkey has just observed that, on European Defense - Security policy, "Turkey continues to object to EU-NATO Cooperation which would involve all EU Member States". "This created Problems for EU-NATO co-operation in the context of Civilian ESDP missions, in particular in Kosovo and Afghanistan".
----

uerussie_400 

 French EU Chair, President Sarkozy and Merkel are visiting Washington on Friday and Saturday for a Global G-20 Summit with current US President George Bush, on the sidelines of which are expected preparatory contacts with US President-elect Obama's entourage, even if himself might stay in Chicago until he takes over on January 21.

Before going to Washington, Sarkozy concluded today an UE - Russia Summit with Dmitry Medvedev, where they "spoke in length on PanEuropean Security" :

- As EU President, I proposed that we meet on mid-2009 in a framework such as OSCE's in order to set the foundations of a Future Pan-European Security, which would associate Russia and USA, and that, meanwhile, nobody speaks about deploying missiles or shields, which complicate the situation".

- NATO's Summit in Strasbourg-Kehl, on April 2009 is a perfect occasion to discuss with our American friends and to prepare a possible OSCE Summit for these issues f.ex. for June or July", Sarkozy concluded.

- We must all abstain from Unilateral measures" dangerous for Europe's security. "Russia only reacted to decisions taken by some other countries. But if they are ready to cooperate, we are ready to discuss. EU could be an intermediary", added Russian President Dmitry Medvedev, before going himself too at the Washington G-20 Economic Summit.

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