ECHR President Costa to EuroFora : Why Klaus signed EU Lisbon Treaty on Bio-Ethic rules' Anniversary

European Court of Human Rights' President, professor Jean-Paul Costa, speaking to "EuroFora" only hours after Lisbon Treaty was ratified by Czech President Klaus, confirmed that he had discussed the matter with him, during a visit to Prague and Brno on 22-23 October, the very day that Klaus unexpectedly issued, for the 1st time, a positive statement allowing to expect imminent developments in this direction.

(See "EuroFora""s earlier publication : http://www.eurofora.net/newsflashes/news/eurocourt-lisbontreaty.html).

Costa revealed that after being among the first to anounce and welcome in Public, during a CoE's panEuropean Conference in Strasbourg, the happy news that, one week later, Czech President Klaus had, indeed, just signed Lisbon Treaty, a few hours ago in Prague !

Significantly, Costa made the anouncement at an exceptional CoE's panEuropean Conference on the 10th Anniversary of the International Convention on BioEthics, which is the only legally binding instrument in the World on the crucial dillemas raised nowadays on how to realize Scientific developments concerning the Health and Biology of the Human being for the benefit of the General Interest of the Society, without introducing grave Discriminations, nor endangering Human Dignity, Safety and Humankind itself, in front of galoping technologic changes.

The point was that Costa stressed Lisbon Treaty's potential at CoE's Conference on 10 Years of developments and perspectives in crucial Human Rights issues in the Biological and Medical field since the signature of the only legally binding instrument on BioEthics : CoE's panEuropean Convention on BioMedicine and Human Rights, known as "Oviedo" Treaty, which has to respond to challenges including, not only Human Embryos, Tests on persons unable to consent, Organ transplants, etc., but also interventions on Human Genetics,  Nano-technogies and relations Man-machine, Brain and behavior monitoring, etc., Issues of obvious importance for the present and future of Humankind, where the Society has yet to search and find how to develop the current Scientific and Technologic Potential in ways respecting Human Dignity and safety.

- Otherwise, "Science without Conscience is Man's ruin", reminded ECHR's President, referring to a classical citation.This pointed at CoE Deputy Secretary General, Mrs Maud de Boehr Buquicchio's statement, when she opened the BioEthics PanEuropean Conference earlier today, that "Europe's Conscience" "is not something you can switch off and on as you wish. It is always there, putting pressure on us to look for solutions to the challenges that we face".

Lisbon Treaty in addition to containing an EU Charter on Fundamental Rights which speaks even explicitly about BioEthics, also provides for EU's accession to the ECHR, opening a way for the application of some of its rules affecting BioEthics to all EU acts, and also for EU's subsequent accession to CoE's specific BioEthics convention.

- The "EU Charter of Fundamental Rights," is one of the "European instruments that we have in the domain of BioEthics" too, in addition to the PanEuropean CoE Convention on Human Rights, "many articles of which are concerned by the principles stressed in the Oviedo BioEthics Convention, not only on ECHR's current case-law, but even more on its Future" judgements, his President warned.

- "Many of its clauses may be affected : F.ex. Human Life, Torture and Inhuman or Degrading Treatments, respect for Private and Family Life, the conditions of deprivation of Liberty", non-discrimination, etc, by any "abuse of Bio-Medical progress" he observed.

- "But", on BioEthics, "EU's Charter on Fundamental Freedoms, to which refers Lisbon Treaty", includes provisions for the "respect of Human Dignity", the Freedom of Research, and "Public Health", etc., Costa added.

 - "There is a convergence between, the various European mecanisms in this field", whenever BioMedical "research and technological developments have most profound repercussions on Human Life and its evolution, and shake up Social values", he stressed.

- That's why, "I learned with pleasure that Czech President Vaclav Klaus ratidied today Lisbon Treaty at Prague, which, according to Brussels' sources, could enter into force from the 1st December", Costa observed.

Costa arbored a large smile in reaction to "EuroFora"s question if it's true that he discussed Lisbon Treaty with Klaus, just one day before he makes an unexpected "U-turn" and decides preparation to sign it....

- "Yes, we spoke also about Lisbon Treaty", ECHR's President revealed to "EuroFora", confirming our earlier publication (See : http://www.eurofora.net/newsflashes/news/eurocourt-lisbontreaty.html)

- "I told him about the importance to promote Human Rights" for the People in general, and that we should all contribute for their protection in Europe nowadays, that was my "main" message, Costa simply added.

- "But, I can't reveal the full content of our conversation", he reacted, inevitably stopping short from more concrete revelations...

-  "There was Political pressure from elsewhere, I don't thing that it was me" who convinced Klaus, he modestly told us. But Costa didn't have anything to reply to "EuroFora"'s argument that "political pressures were going on all the time, for weeks and months. It wasn't only the precise Day you met with Klaus and he accepted !"..

- "Today (i.e. the day Klaus ratified Lisbon Treaty) is also my Birthday !", maliciously revealed Costa, speaking earlier in front of all participants of CoE's paneuropean Conference on BioEthics, adding even more in an already long list of astonishing coincidences...

But Costa apparently dismissed some people's concerns that the move might have another political stake, by lobbies who wanted to adversely affect ECHR's case-law on Refugees and Displaces persons' Human Rights ;

Questioned by "EuroFora" if he observed, on this occasion, any recent attempt, from anywhere, to make some concessions on general Human Rights principles about Refugees and Displaced persons' rights to return and for Restitution of their Homes and private properties, ECHR's President limited himself into saying that he "didn't have any news in that sense, from Brussels"..  

Meanwhile, Cyprus' ¨President Christofias, returning from the last EU Summit, announced that he had stressed to all its counterparts that "Czech Republic's opt- out from EU's Charter of Fundamental Rights, should not be abused as a precedent by anyone else (as fex. Turkey) in the future", and that he found a large "comprehension" on this point.

As for Klaus' expressed fear that EU Charter might push German "Sudetes" to ask the Czech Repiublic to reverse a 2nd World War "Ethnic Cleansing", by allowing Refugees to return, and for their Homes and private properties to be restituted, Costa had an easy answer :  

- "Anyway, on events which took place at the 2nd World War period, in principle, ECHR cannot act, unless there might be a recent Law, meanwhile, as, f.ex. in Romanian or Polish cases", he observed, (without totally excluding, however, an eventual extension of ECHR's case-law on "continuing" deprivation of access of refugees to their homes and private properties perhaps inspired by the well-known "Loizidou" case-law)...                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          --------------------------------------------------
This dismissal of other stakes, points back to Lisbon Treaty's relation to BioEthics, where it introduces 2 main changes :

- First it ensures the entry into force of EU's own Charter of Fundamental Rights, which makes even an explicit reference to BioEthics.

Only the UK, Poland and now the Czech Republic have asked for an opt-out, while EU Charter will apply to all other 24 EU Member States, and even Russia has just decided to start preparing to sign it, (as Russian Official Dr. Svetlana Axelrod confirmed to "EuroFora").

- Last, but not least, it opens the way for the EU itself to accede to CoE's PanEuropean Convention on Human Rights, a legally binding instrument, developed by Strasbourg EuroCourt's case-law, which has several pertinent rules affecting also the BioEhics' field, as Costa observed.

This practically means that, for the 1st time, it will be even the activities of EU Institutions themselves, (and no more only of States), which are due to start being monitored by the ECHR on Human Rights issues.

CoE's experienced Director on Health and BioEthics, Carlos de Sola, reminded that, when questions on EU's accession to the Oviedo BioEthics Convention were raised in the past, the EU Commissioner who was then in charge, former Socialist PM. Edith Cresson, had argued that EU could not adhere in such a specific convention since it hadn't even signed the general panEuropean Convention on Human Rights.

Therefore, once the Lisbon Treaty will enter into force on December 2009, since it provides for EU's accession to the ECHR, then, nothing would prevent the EU from acceding also to the specific CoE BioEthics convention on Human Rights and BioMedicine, De Sola concluded.

Dr Lino Paula, of EU Commission's DIrectorare General for Research, in charge of Science, Economy and Society - Governance and Ethics Unit, speaking to "EuroFora", said that, already, EU Commission's acts under the current 7th Framework Program for Research and Development, has to "respect" the "Fundamental Ethical principles" which are included, "inter alia", also "in the EU Charter for Fundamental Rights", ... "the CoE Convention on Human Rights and BioMedicine signed in Oviedo", etc., citted in the "Annexes" of "EU Council decisions pertaining to the .. FP7".

 But this obviously does not replace a general, legally binding, and ECHR monitored obligation.

Thus, Costa's link between Lisbon Treaty's boost to EU accession to the ECHR, and BioEthic issues unquestionably topical.

However, for the key EU Official, "it might be easier for EU Commission to accede to the ECHR, instead of all the EU as a whole, i.e. Council and Parliament, etc., included, because, even if this becomes, indeed, possible under the Lisbon Treaty, since the EU acquires a Legal Personality for the 1st time, nevertheless, such a move would require ratifications from all 27 EU Member States, EU Council and EU Parliament's approval"..

Questioning controversial claims by another EU Commission Official, who opposed elementary "Ethical Principles" to the "Competitivity" of EU Bio-Industry,  implying that they should be balanced or somewhow reduced, particularly "in times of Crisis", as he said, "EuroFora", on the contrary, invited reactions to the idea that, by promoting the "Precautionary principle" to protect Human Dignity and Safety, EU's "Ethical Principles could boost the development of Science and Technology" in Europe  :

By stressing the Legitimacy and the vital Need to Fund and stimulate Scientific Research, Technologic Developments and Industrial Production in order to search, invent and produce much needed Knowledge on the possible effects of BioMedical technologies, and on how to find ways to foresee and prevent any risks, to invent efficient remedies to any potential danger, to create sufficient production there where in the past didn't exist but only "rare resources", and to safeguard Citizens' and Society's values by succeeding to produce really needed, abundant and safe products.

- "Couldn't this also have the merit to avoid any eventual WTO "Commerdial Competition" objection, pushed by 3rd Countries, to such EU Funds for European Science and Industry motivated by the Precautionary principle, Ethical values and Human Rights' respect ?", "EuroFora" asked.

Dr Paula not only didn't deny, and simply smiled at "EuroFora"s unusual question, but he even went as far as to rightfully observe that "what you said reminds a similar logic used by the EU in order to promote new "Green" Technologies against Climate change !"...

Such directions could, indeed, reveal real possibilities for a solid and healthy alliance between Science and Ethics in Europe, revealing a topical interest to calls to launch "public Debates" on BioEthics, as CoE's Oviedo's Convention asks, in order to create a movement to make BioEthical Principles and other Human Rights values "an intergral part of the European Identity", according to an interesting proposal made earlier by Judge Christian Byk, Secretary General of the International Association of Law, Ethics and Science, and Head of France's Delegation to UNESCO.

More practical, several among the participants to CoE's BioEthics Conference, going opposite to traditional objections by some British or US experts who persist to find, on the contrary, dangerously "vague" CoE's BioEthical Convention's references to "Human Dignity" and "Human Rights", as principles and values to be respected in all crucial Bio-Medical issues, instead of that, they launched converging calls to instaure an efficient "Monitoring" mecanism to ensure the implementation of Oviedo Convention at least to the 23 (and soon 24 with Finland) CoE Member States who have already signed and ratified it.

As far as EU Lisbon Treaty's aftermath is concerned, all this might confort clear indications from Strasbourg's sources for a real will by CoE's Parliamentary Assembly's President, the experienced Spanish Socialist MEP Jose Luis de Puig, to launch a call for the EU to accede the soonest possible to the panEuropean Convention of Human Rights.

And Spain is due to take over EU's rotating Chairmanship next year, from January to June 2010, (followed by Belgium).

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