Council of Europe DG Social Cohesion – Bioethics Department DEBRA Program in collaboration with Slovak Medical Association Institute of Medical Ethics and Bioethics n. f. International Bioethics Conference Oviedo Convention in Central and Eastern European Countries under the auspices of Mr. Richard Raši, Minister of Health SR September 24 – 25, 2009, Bratislava, Slovakia Concluding Remarks As discussed by the participants at the Concluding Session of the Conference on September 25, 2009.

2 Concluding Remarks Situation in CEE Countries striking differences, but also common traits EU member states, EU non-member states differences in signing/ratification processes/situation countries in transition – various phases ( early, medium, late, ‘soon after’, etc. ) unprecedented changes ( social, cultural, economical, moral ) attempts of health care reforms ( with varying success ) need to introduce/develop/improve good practices necessity of legal support of the reforms – past and present; necessity to (re-)draft the national legislations necessity to (re-)develop „soft law“ documents ( guidelines, recommendations, codes of practice, standard procedures... ) various sources of help ( EU, CoE, WHO, WMA, other international organizations, international NGOs, university centres – European and overseas (USA) ) Oviedo Convention + Additional Protocols: → important resources ( principles, notions, new legal language )

3 Concluding Remarks Contribution of OC + APs (1) resources: – texts of Oviedo Convention + Additional Protocols – texts of Explanatory memoranda – deliberations-experience from preparatory processes – recommendations, working papers, other materials participation of countries’ delegations in CAHBI, CDBI work DEBRA Program conferences and seminars mode of use: – taking the formulations of principles – (re)formulations into country’s own legal language – taking portions of the texts (almost unchanged) into the new national legislation – help in defining legal notions feed back: countries’ contributions to CAHBI/CDBI debates, including presentations of the countries’ legal solutions that then influenced the debate on the new texts

4 Concluding Remarks Contribution of OC + APs (2) most important issues, where the OC’s + APs’ contribution was substantive: – protection of human dignity – human rights – rights of the patient – consent – protection of persons not able to consent – biomedical research – transplantation – genetics – genetic tests for health purposes missing issues (at the legally binding level): – protection of embryo – assisted reproduction – end-of-life decisions – mental health – newest issues (nano-medicine, regenerative medicine, IT implants, human enhancement,…)

5 Concluding Remarks CEE Needs, Suggestions (1) CEE countries’ needs: – to catch up ‘the delays’ in respective developments – to fill in the gaps in drafting some of the legislation still missing in CEE → OC + existing APs may be helpful – develop national legislation on newer/newest issues – implementation of existing legislation in practice (developing of good practices, standard procedures, ‘know how’, ‘producing’ well educated professionals, education of public – ‘professional’ and general, education of journalists, media, politicians,…) – sharing national experiences, solutions (ethical/legal) – working together (networking, databases of know how, information, meetings of experts/professionals etc.)

6 Concluding Remarks CEE Needs, Suggestions (2) Suggestions for future CoE – CDBI work: – continuation of standard setting work – especially on the „missing issues“ and “newer/newest issues” – continuation in guidance of activities for implementation ( such as e.g. CoE’s Guide for R/ECs ) – support for DEBRA program (possible room for improvements) – support of information activities: professionals, politicians, general public – develop new approaches ( meetings, media, internet,… ) – collection of documentation, information, database… ( possible CoE and EU collaboration, e.g. FP projects ) – support of research on bioethical/biolaw issues, especially with participation of young investigators, with possibilities to work at CoE and/or EU institutions, and at the leading European academic and research institutions – working together, networking: bilateral/multilateral, regional levels, EU and CoE, impact/contribution at Global level – the goal: possibly creating a “common European ethical space/area” facing the “new” & “old” ethical challenges together