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Budapest W8: Emerging Technology - Bioethics and Basic Rights


Sándor, Judit (2012) Bioethics and Basic Rights: Persons, Humans, and the Boundaries of Life. In Michel Rosenfeld and András Sajó, eds. The Oxford Handbook of Comparative Constitutional Law. Oxford: Oxford University Press, 1142–1165.


"Except for the right to be informed before a 'medical experimentation', which appeared soon after the Second World War, many of the bioethical norms have been formulated as basic human rights only in the last decades of the twentieth century." p.1142-3

"Bioethics traditionally focuses on establishing moral limits between different types of acts in the field of life sciences and their medical application." p.1143

The Charter of Fundamental Rights for the European Union "offers a catalog of common bioethical principles, such as human dignity and integrity and the right to life." p.1145

"the European framework indicates that diversity among European states is the prevailing characteristic of regulating the ethical boundaries of biomedical research." p.1145

"Dignity can serve as a basis for several rights such as self-determination, right to refuse medical treatment, and equal respect; all relevant in the field of treating vulnerable patients." p.1147

"The edges of life constitute the fields where most bioethics problems arise." p.1148

"At the European level, there is no consensus on the nature and status of the embryo and/or foetus, although they are beginning to receive some protection in light of scientific progress and the potential consequences of research into genetic engineering, medically assisted procreation, and embryo experimentation." p.1148

"The need of the biotechnology industry for human embryos and their use for embryonic stem cell research and for therapy often results in incoherent legal solutions." p.1152

"Defining the boundaries of the human body is especially relevant and justifies legal scrutiny when we look at research conducted on human beings, because of the potential abuses and possibilities of psychological or physical harm." p.1157

"Respect for human dignity, and the right to privacy, is used to interpret the decisions on human biological materials, DNA samples, decisions over the custodial rights of the in vitro embryo, and is even applicable in shaping the right to decide what types of research are to be conducted on previously collected biological samples." p.1159

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