Debates Parlamentares - Diário 002S1, p. 45 (2016-09-16)

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16 DE SETEMBRO DE 2016 45

European Treaty Series - No. 186

ADDITIONAL PROTOCOL TO THE CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE

CONCERNING TRANSPLANTATION OF ORGANS AND TISSUES OF HUMAN ORIGIN

Preamble

The member States of the Council of Europe, the other States and the European Community signatories to

this Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being

with regard to the Application of Biology and Medicine (hereinafter referred to as “Convention on Human Rights

and Biomedicine”),

Considering that the aim of the Council of Europe is the achievement of greater unity between its members

and that one of the methods by which this aim is pursued is the maintenance and further realisation of human

rights and fundamental freedoms;

Considering that the aim of the Convention on Human Rights and Biomedicine, as defined in Article 1, is to

protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for

their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine;

Considering that progress in medical science, in particular in the field of organ and tissue transplantation,

contributes to saving lives or greatly improving their quality;

Considering that transplantation of organs and tissues is an established part of the health services offered to

the population;

Considering that, in view of the shortage of organs and tissues, appropriate action should be taken to increase

organ and tissue donation, in particular by informing the public of the importance of organ and tissue

transplantation and by promoting European co-operation in this field;

Considering moreover the ethical, psychological and socio-cultural problems inherent in the transplantation

of organs and tissues;

Considering that the misuse of organ and tissue transplantation may lead to acts endangering human life, well

being or dignity;

Considering that organ and tissue transplantation should take place under conditions protecting the rights and

freedoms of donors, potential donors and recipients of organs and tissues and that institutions must be

instrumental in ensuring such conditions;

Recognising that, in facilitating the transplantation of organs and tissues in the interest of patients in Europe,

there is a need to protect individual rights and freedoms and to prevent the commercialisation of parts of the

human body involved in organ and tissue procurement, exchange and allocation activities;

Taking into account previous work of the Committee of Ministers and the Parliamentary Assembly of the

Council of Europe in this field;

Resolving to take such measures as are necessary to safeguard human dignity and the rights and

fundamental freedoms of the individual with regard to organ and tissue transplantation,

Have agreed as follows:

16 DE SETEMBRO DE 2016 45 European Treaty Series - No. 186ADDITIONAL PROTOCOL TO THE CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE CONCERNING TRANSPLANTATION OF ORGANS AND TISSUES OF HUMAN ORIGIN Preamble The member States of the Council of Europe, the other States and the European Community signatories to this Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (hereinafter referred to as “Convention on Human Rights and Biomedicine”), Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which this aim is pursued is the maintenance and further realisation of human rights and fundamental freedoms; Considering that the aim of the Convention on Human Rights and Biomedicine, as defined in Article 1, is to protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine; Considering that progress in medical science, in particular in the field of organ and tissue transplantation, contributes to saving lives or greatly improving their quality; Considering that transplantation of organs and tissues is an established part of the health services offered to the population; Considering that, in view of the shortage of organs and tissues, appropriate action should be taken to increase organ and tissue donation, in particular by informing the public of the importance of organ and tissue transplantation and by promoting European co-operation in this field; Considering moreover the ethical, psychological and socio-cultural problems inherent in the transplantation of organs and tissues; Considering that the misuse of organ and tissue transplantation may lead to acts endangering human life, well being or dignity; Considering that organ and tissue transplantation should take place under conditions protecting the rights and freedoms of donors, potential donors and recipients of organs and tissues and that institutions must be instrumental in ensuring such conditions; Recognising that, in facilitating the transplantation of organs and tissues in the interest of patients in Europe, there is a need to protect individual rights and freedoms and to prevent the commercialisation of parts of the human body involved in organ and tissue procurement, exchange and allocation activities; Taking into account previous work of the Committee of Ministers and the Parliamentary Assembly of the Council of Europe in this field; Resolving to take such measures as are necessary to safeguard human dignity and the rights and fundamental freedoms of the individual with regard to organ and tissue transplantation, Have agreed as follows:

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