Article 9 of the Convention on Human Rights and Biomedicine

Abstract

This chapter provides a summary introduction to the Convention on Human Rights and Biomedicine and some notes about its influence and contribution to the protection and respect of human rights regarding the use of new technologies in medical treatments, essentially the respect for autonomy and self-determination about the decision-making process in healthcare. It offers some examples of state laws which are already in force, and it discusses how they are being followed by healthcare professionals; what should be changed in order to ensure that the effectiveness of Advance Directives is fulfilled by equality and justice and maintains the interest of the individual healthcare; what benefits, or not, can it bring; and what doubts or difficulties still exist when one talks about previously expressed wishes:

• Areas of concern – Is the Convention on Human Rights and Biomedicine still up-to-date? How has it been applied in the several European countries? Should any aspect of the national laws concerning Advance Directives’ regulation be changed?

• Responses – Analysis of several national European laws clarifies that the Convention has inspired all the European states. States which already have Advance Directives’ regulation noticed that there are possibilities not previewed by the law.

• Summary – After introduction to the Convention, several national Advance Directives’ laws of European countries are described. Questions about its application and effectiveness are raised. It is stressed that it is important to have a written law, defending the autonomy and human dignity of the patient and is adaptable to practice. The Convention is still up-to-date and inspires all the countries with its fundamental principles, which will always be the core of the European protection of human rights.