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Human Dignity , Health Law & Biomedicine Prof. Dr. Martin Buijsen Erasmus School of Law / iBMG

Human Dignity , Health Law & Biomedicine Prof. Dr. Martin Buijsen Erasmus School of Law / iBMG Erasmus University. The Concept of Human Dignity The Concept of Health Law The Biomedicine Convention. Outline. More references by Dutch health lawyers to human dignity

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Human Dignity , Health Law & Biomedicine Prof. Dr. Martin Buijsen Erasmus School of Law / iBMG

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  1. HumanDignity, Health Law& Biomedicine Prof. Dr. Martin Buijsen Erasmus School of Law/iBMG Erasmus University

  2. The Concept of Human Dignity The Concept of Health Law The Biomedicine Convention Outline

  3. More references by Dutch health lawyers to human dignity Result of policy statements preceding ratification of Biomedicine Convention Internationally accepted human rights as guiding principles of Dutch medical ethical policy The Concept of Human Dignity

  4. Universal Declaration of Human Rights 1948 International Convention on Civil and Political Rights (1966) International Convention on Economic, social and Cultural Rights (1966) Charter of Fundamental Rights of the European Union (2010) Convention on Human Rights and Biomedicine German Constitution, Constitution of South-Africa European Convention for Protection of Human Righs and Fundamental freedoms (1950)? Human Dignity in Positive Law

  5. ECHR 27-10-2009, nr. 47/2008: Human dignity is ‘the very essence of the Convention’, ‘recognised fundamental value at the core of positive human rights law’. Human dignity worthy of respect ‘Rights derive from the inherent dignity of the human person’ (preamble UN-Covenants 1966) Violating rights = violating dignity (in principle) Rights constitute meaning of ‘human dignity’, but not entirely ‘Human dignity’ is in part represented in positive law, and in part it is not A Concept with Content

  6. Dignity not synonymous with autonomy Dignity may not be identified with autonomy Dignity encompasses autonomy Dignity is the fundamental concept Yet individual human beings are subjects of dignity Dignity as Attribute of individual Human Beings

  7. Dignity is inherent to being human (inalienable) ‘One possesses dignity and its subsequents rights (due to one’s decent from human beings’ Philosophers and theologians, substantivists v. formalists Dignity is temporary No dignity before birth and after death Dignity is equal to all ‘One’s dignity (…) is a mark of one’s equality on some fundamental level with other human beings’ Transcendentals of Dignity

  8. Meaning of ‘human dignity’ in part determined, in part undetermined. The undetermined part of the concept theoretically useless. The determined part of the concept is theoretically useful. Relevant human rights can be used for the construction of an interpretive framework Right to health access to health care (social) Equal treatment (civil) Integrity (civil) Privacy (civil) Human Dignity & Health Law

  9. What is morality? The subject of ethics What is law? The subject of jurisprudence Rules Principles Morality & LawEthics & Jurisprudence

  10. Health Law = legalprinciplesandrulesregarding : Patients/Clients I III Health care provider II health care insurer What is Health Law?

  11. Health law = I. Lawregarding health care provision II. Lawregarding health care financing III. Lawregarding health care insurance What is Health Law?

  12. Privacy Integrity Equal treatment Right to health (care) (Respect for human dignity) Law ------------------------------------------------------------------------------------ Morality Health as aspect of human dignity Principles of Health Law

  13. Rights that belong to an individual as a consequence of being human. They refer to a wide continuum of values that are univer-sal in character. Definition of human rights

  14. Scope Corerights: Dignity, Integrityand non-discrimination Equal Access Health ethics: professional standards Consent Private life Human genome Scientific research and consent Organdonationandtransplantation Infringements Interpretation Protocols Reservations The Biomedicine ConventionContent

  15. References: Cyprus v. Turkey Vo v. France Glass v. UK ECHR & Biomedicine Convention

  16. ? Biomedicine Convention, Access to Health Care and Equal Treatment

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