La tutela della dignità umana: fondamento e scopo della Convenzione di Oviedo. In: Furlan, E. Bioetica e dignità umana: Interpretazioni a. PDF on ResearchGate | On May 1, , R Andorno and others published La tutela della dignità umana: fondamento e scopo della Convenzione di Oviedo. Venti anni dopo la Convenzione di Oviedo / Equitable access, appropriate quality . Twenty years after the Oviedo Convention | Il diritto alla tutela della salute.

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The Convention states the principle according to which a person has to give the necessary consent for treatment expressly, in advance, except in emergencies, and that such consent may be freely withdrawn at any time.

Ufficio dei Trattati, http: It prohibits the creation of human embryos for research purposes and requires an adequate protection ovkedo embryos where countries allow in-vitro research.

For the most part, in this field the law intervenes “a posteriori” to evaluate in hindsight and with an outcome that is practically unforeseeable the penal implications of the situation. Request removal from index.

The Convention’s starting point is that the interests of human beings must come before the interests of science or society. Scienza E Filosofia On covenzione other hand, health care imposed by force, however conceived and carried out, evidently will assume the characteristics of a violent act particularly humiliating not just because aimed at the “body” of the patient, but above all because bound to downgrade the most deeply-rooted convictions of the interested party: No keywords specified fix it.

In his reconstruction of the various positions, the author shows how jurisprudence oscillates between the extremes of the identification of compulsory “atypical” measures useful to the physician in fulfilling his duty to safeguard health even “contra voluntatem”, and the recognition of an absolute and pre-eminent significance to the refusal of medical care, even when such cannot be confirmed owing to the patient’s state of unconsciousness.

Neri Demetrio, Crispr-Cas9, la convenzione di Oviedo e le generazioni future – PhilPapers

Nevertheless, at the time when a practical decision is imperative the physician might look in vain for guidance convnezione legal theory and practice, which up to now have proved capable only of providing a highly contradictory gamut of solutions: History of Western Philosophy. Cases of this type pose a dramatic dilemma.

The Convention recognises the importance of promoting a public debate and consultation ovieo these questions. Additional Protocols are foreseen to clarify, strengthen and supplement the overall Convention.


La Convenzione statuisce che ogni paziente ha il diritto di conoscere ogni informazione raccolta sulla propria condizione di salute, in particolare i risultati dei testi genetici. Challenges, Ethical Concerns and Implications. The Model T of Biotechnology. La sola eccezione si ha, a certe condizioni, per il prelievo di tessuti rigenerabili tra fratelli e sorelle.

La Convenzione riconosce anche il diritto del paziente a non essere informato. Benjamin Hurlbut – – Hastings Center Report 45 5: For the most part, respect for the will of the patient will be experienced by the physician as a sort of “facilitation” of self-destructive behaviour intrinsically contradictory with respect to the original sense of the medical profession.

Added to PP index Total downloads 1 1, of 2, Recent downloads 6 months 1of 2, How can I increase my downloads? It prohibits the use of techniques of medically assisted procreation to help choose the sex of a child, except where it would avoid a serious hereditary condition. Martina Baumann – – NanoEthics 10 2: Sign in Create an account. If, in particular, the intent is to deduce applicable “rules” in cases such as these from the system in force, the jurist ought to perform a truly “humble act” and don the garb of the “pure” and “neutral” exegete of actual fact, abstaining from philosophical or political improvisations, and instead make an effort to “set aside” personal convictions to avoid surreptitiously altering the course of reasoning.

It bans all forms of discrimination based on the grounds of a person’s genetic make-up and allows the carrying out of predictive genetic tests only for medical purposes. In actual fact, the responsibility for the handling of such problematic matters falls entirely to the physician. It lays down a series of principles and prohibitions concerning bioethics, medical research, consent, rights to private life and information, organ transplantation, public debate etc. The author finds a similar variety of views in doctrine.

Wade – – Bioessays 39 What legal theory can nevertheless be reproached for is its frequent indulgence in considerations which may be of notable cultural significance, but which risk being misleading in the context of argumentation that aspires to be perfectly juridical.

Rodriguez – – Journal of Clinical Research and Bioethics 7 2. Treaty Office on http: The Convention recognises also the patient’s right not to know. The greater the patient’s chances of being able to return to a normal life, and the more irrational the reasons for the refusal appear to be, the more difficult it is for the physician to respect such a refusal.


Greely – – American Journal of Bioethics 15 Details of Treaty No. No categories specified categorize this paper. The inconsistency of this ban with regard to the most widespread position in the scientific community is highlighted, and then critically examined the supporting reasons which, in the opinion of the author, are not consistent with a rational analysis of the inner structure of the Convention, in particular in relation to the issue of responsibility towards future generations.

The Convention prohibits the removal of organs and other tissues which cannot be regenerated from people not able to give consent. Genome Editing, Asilomar, and the Politics of Deliberation.


The Convention is the first legally-binding international text designed to preserve human dignity, rights and freedoms, through a series of principles and prohibitions against the misuse of biological and medical advances.

Firme e ratifiche Riserve et Dichiarazioni Rapporto esplicativo Protocolli. Sign in to use this feature. The Convention stipulates that all patients have a right to be informed about their health, including the results of predictive genetic tests. The only restrictions are those prescribed by law and which are necessary in a democratic society in the interest of public safety, for the prevention of crime, for the protection of public health or for the protection of the rights and freedoms of others.

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Un intervento su persone incapaci di dare il proprio consenso, per esempio su un minore o su una persona sofferente di turbe mentali, non deve essere eseguito, salvo che non produca un reale e sicuro vantaggio per la sua salute. The treatment of persons unable to give their consent, such as children and people with mental illnesses, may be carried out only if it could produce real and direct benefit to his or her health.

La Convenzione vieta ogni forma di discriminazione nei confronti di una persona in base al suo patrimonio genetico e autorizza test genetici solo a fini medici. The only exception is, under certain conditions, for regenerative tissue especially bone marrow between siblings. Ben Merriman – – American Journal of Bioethics 15 Stephan Guttinger – – Science and Engineering Ethics 24 4: Convenzione sui Diritti dell’Uomo e la biomedicina. Weiss – – Bioessays 36 1: