Recommendation 1993 (2012) Final version

Protecting human rights and dignity by taking into account previously expressed wishes of patients

Author(s): Parliamentary Assembly

Origin - Assembly debate on 25 January 2012 (6th Sitting) (see Doc. 12804, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr Xuclà i Costa). Text adopted by the Assembly on 25 January 2012 (6th Sitting).

1. The Parliamentary Assembly, referring to its Resolution 1859 (2012) on protecting human rights and dignity by taking into account previously expressed wishes of patients, commends the Committee of Ministers for its foresighted and timely adoption of both the 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(Oviedo Convention, ETS No. 164) and Recommendation CM/Rec(2009)11 on principles concerning continuing powers of attorney and advance directives for incapacity.

2. The Assembly believes it essential that rapid progress be made by member states in adhering to and implementing the standards enshrined in these texts. It thus recommends that the Committee of Ministers bring Parliamentary Assembly Resolution 1859 (2012) to the attention of member States, with a request for implementation.

3. The Assembly also believes that Council of Europe standards in this field should be developed further. It thus recommends that the Committee of Ministers instruct its relevant steering committees (in particular, the Steering Committee on Bioethics), to continue developing such standards and to promote and monitor their implementation based on the principles enshrined in Committee of Ministers Recommendation CM/Rec(2009)11 and those developed in paragraph 7 of Assembly Resolution 1859 (2012).