Draft Convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: Convention on Human Rights and Biomedicine

Draft Convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: Convention on Human Rights and Biomedicine

Doc. 7664

25 September 1996

OPINION[1]

Rapporteur: Mr DANIEL, France, European Democratic Group

            The rapporteur wishes to thank Mr Plattner, rapporteur of the Committee on Science and Technology, for his excellent work in comparing the new text of the draft Convention with the former text in the light of the amendments proposed by the Parliamentary Assembly in its opinion of 2 February 1995. The comparative table set out in Mr Plattner's report facilitates reading of the text and makes it clear whether the amended text meets the concerns of the Assembly.

            The rapporteur shares the concern expressed by the rapporteur of the Committee on Science and Technology to reintroduce the article on the communication of predictive genetic testing which appeared previously, together with the amendment proposed by the Assembly in which reference is made to national legislation on data protection.

            The rapporteur therefore supports the amendment contained in paragraph 6 (i) of the draft opinion.

            There remains the crucial problem of embryos, which is not limited to the question of research.

            The Committee of Ministers has instructed the Steering Committee on Bioethics (CDI) to prepare a protocol on the protection of human embryos and foetuses. Article 18 (research on embryos in vitro) is limited to prohibiting the creation of human embryos for research.

            This completely ignores the case of embryos conceived for the purpose of reproduction and more or less "abandoned" by their genitors.

            The British Government's decision to order the destruction of such embryos recently gave rise to a controversy which revived discussions in France as to the fate of these embryos. The French bioethics law of 1994 did not provide a solution either, unless for embryos conceived before promulgation of the law, leaving the future uncertain. It would thus be a most welcome step for the Council of Europe to rule on the fate of these frozen embryos in order to help the governments of member States to take relevant measures.

            The rapporteur accordingly proposes the following amendment to the draft opinion:

            In the second line of paragraph 6 (iii), after the words "the protection of embryos", insert:

            "including frozen embryos".

Reporting Committee: Committee on Science and Technology.

Committee for opinion: Social, Health and Family Affairs Committee.

Opinion approuved by the committee on 24 September 1996.

Secretaries to the committee: Ms Coin and Ms Meunier.

[1]. by the Social, Health and Family Affairs Committee