Protection of Right to Health in International Law and Development of Biotechnology: Ethical Implications.

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Presentation transcript:

Protection of Right to Health in International Law and Development of Biotechnology: Ethical Implications

Health, human rights and ethics Problems - Irruption of epidemic - Public health care - Biotechnology

Health, human rights and ethics Impacts - Changing relations between medical science and human rights

Health, human rights and ethics Impacts - Changing relations between medical science and human rights - Reviewing protection

Human rights:right to health Human rights

Human rights:right to health Human rights - Particularity

Human rights:right to health Human rights - Particularity - Objective

Human rights:right to health Right to health: right “ rights of everyone to the enjoyment of the highest attainable standard of physical and mental health ” (CESCR,1966)

Human rights:right to health Right to health: obligation “ States party take full and progressive and realization of the rights ” (CESCR,1966)

Modern biotechnology and right to health Existing international legal protection

Modern biotechnology and right to health Existing international legal protection - General > human rights protection

Modern biotechnology and right to health Existing international legal protection - General > human rights protection - Specific > non-binding instrument > regional conventions

Modern biotechnology and right to health New direction of bioethical principles >

Bioethics principles as guardian of right to health UNESCO ’ s draft declaration on Bioethics: principles 1 Human Dignity and Human Rights 2 Equality, Justice and Equity 3 Benefit and Harm 4 Respect for Cultural Diversity and Pluralism 5 Non-Discrimination and Non- Stigmatization 6 Autonomy and Individual Responsibility

Bioethics principles as guardian of right to health UNESCO ’ s draft declaration on Bioethics: principles 7 Informed Consent 8 Privacy and Confidentiality 9 Solidarity and Cooperation 10 Social Responsibility 11 Sharing of benefit 12 Responsibility towards the Biosphere

Implementation :some remarks Universality > pluralist > general

Implementation:some remarks Obligation > to respect > to protection > to fullfil

Implementation:some remarks Monitoring > international > national (public) > national (civil society)