3 straipsnis- Teisė į asmens neliečiamybę
1. Kiekvienas asmuo turi teisę į fizinę ir psichinę neliečiamybę.
2. Medicinos ir biologijos srityse ypač turi būti gerbiamas:
a) atitinkamo asmens, kuriam prieš tai buvo suteikta informacija, laisvas sutikimas, duotas įstatymo nustatyta tvarka;
b) draudimas taikyti eugenikos metodus, ypač tuos, kuriais siekiama atlikti biologinę žmogaus atranką;
c) draudimas naudoti žmogaus kūną ir kūno dalis kaip pasipelnymo šaltinį;
d) žmogaus reprodukcinio klonavimo uždraudimas.
1. 2001 m. spalio 9 d. sprendime Nyderlandai prieš Europos Parlamentą ir Tarybą, C-377/98, Rink. 2001, p. I–7079, 70, 78–80 punktuose Teisingumo Teismas patvirtino, kad pagrindinė teisė į žmogaus neliečiamybę yra Sąjungos teisės dalis bei medicinos ir biologijos srityse apima donoro ir gavėjo laisvą sutikimą, duotą juos informavus. 2. Chartijos 3 straipsnyje išdėstyti principai jau yra įtraukti į Europos Tarybos priimtą Žmogaus teisių ir biomedicinos konvenciją (ESS 164 ir papildomas protokolas ESS 168). Chartijoje nenumatomas nukrypimas nuo šių principų, todėl draudžiamas tik reprodukcinis klonavimas. Joje nesuteikiamas leidimas atlikti kitų formų klonavimą, bet ir nedraudžiama tai daryti. Taigi joje niekaip netrukdoma įstatymų leidybos organams uždrausti kitų formų klonavimą. 3. Eugenikos metodų, ypač tų, kuriais siekiama atlikti žmonių atranką, nurodymas yra susijęs su galimomis situacijomis, kai organizuojamos ir įgyvendinamos atrankos programos, apimančios sterilizavimo, priverstinio apvaisinimo, priverstinių vedybų etninėse grupėse ir kitas kampanijas, visus veiksmus, kurie 1998 m. liepos 17 d. Romoje priimtame Tarptautinio baudžiamojo teismo statute laikomi tarptautiniais nusikaltimais (žr. šio statuto 7 straipsnio 1 dalies g punktą).
Artikel 11 Ieder heeft, behoudens bij of krachtens de wet te stellen beperkingen, recht op onaantastbaarheid van zijn lichaam.
Article 10 (1) Everyone has the right to demand that her human dignity, personal honour, and good reputation be respected, and that her name be protected.
Článek 10 (1) Každý má právo, aby byla zachována jeho lidská důstojnost, osobní čest, dobrá pověst a chráněno jeho jméno.
Section 3 Prohibitions in connection with embryos.
(1) No person shall bring about the creation of an embryo except in pursuance of a licence.
(1A) No person shall keep or use an embryo except—
(a) in pursuance of a licence, or
(b) in the case of—
(i) the keeping, without storage, of an embryo intended for human application, or
(ii) the processing, without storage, of such an embryo, in pursuance of a third party agreement.
(1B) No person shall procure or distribute an embryo intended for human application except in pursuance of a licence or a third party agreement.
(2) No person shall place in a woman—
(a) an embryo other than a permitted embryo (as defined by section 3ZA), or
(b) any gametes other than permitted eggs or permitted sperm (as so defined).
(3) A licence cannot authorise—
(a) keeping or using an embryo after the appearance of the primitive streak,
(b) placing an embryo in any animal, or
(c) keeping or using an embryo in any circumstances in which regulations prohibit its keeping or use
(4) For the purposes of subsection (3)(a) above, the primitive streak is to be taken to have appeared in an embryo not later than the end of the period of 14 days beginning with the day on which the process of creating the embryo began, not counting any time during which the embryo is stored.
Section 3ZA Permitted eggs, permitted sperm and permitted embryos
(1) This section has effect for the interpretation of section 3(2).
(2) A permitted egg is one—
(a) which has been produced by or extracted from the ovaries of a woman, and
(b) whose nuclear or mitochondrial DNA has not been altered.
(3) Permitted sperm are sperm—
(a) which have been produced by or extracted from the testes of a man, and
(b) whose nuclear or mitochondrial DNA has not been altered.
(4) An embryo is a permitted embryo if—
(a) it has been created by the fertilisation of a permitted egg by permitted sperm,
(b) no nuclear or mitochondrial DNA of any cell of the embryo has been altered, and
(c) no cell has been added to it other than by division of the embryo's own cells.
(5)Regulations may provide that—
(a) an egg can be a permitted egg, or
(b) an embryo can be a permitted embryo, even though the egg or embryo has had applied to it in prescribed circumstances a prescribed process designed to prevent the transmission of serious mitochondrial disease.
(6)In this section—
(a) “woman” and “man” include respectively a girl and a boy (from birth), and
(b) “prescribed” means prescribed by regulations.
3A Prohibition in connection with germ cells.
(1) No person shall, for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells.
(2) In this section—
“female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and
“fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.
4 Prohibitions in connection with gametes.
(1) No person shall—
(a) store any gametes, or
(b) in the course of providing treatment services for any woman, use—
(i) any sperm, other than partner-donated sperm which has been neither processed nor stored,
(ii) the woman's eggs after processing or storage, or
(iii) the eggs of any other woman
(c) except in pursuance of a licence.
(1A) No person shall procure, test, process or distribute any gametes intended for human application except in pursuance of a licence or a third party agreement.
(2) A licence cannot authorise storing or using gametes in any circumstances in which regulations prohibit their storage or use.
(3) No person shall place sperm and eggs in a woman in any circumstances specified in regulations except in pursuance of a licence.
(4)Regulations made by virtue of subsection (3) above may provide that, in relation to licences only to place sperm and eggs in a woman in such circumstances, sections 12 to 22 of this Act shall have effect with such modifications as may be specified in the regulations.
(5) Activities regulated by this section or section 3 or 4A of this Act are referred to in this Act as “activities governed by this Act”.
4A Prohibitions in connection with genetic material not of human origin
(1) No person shall place in a woman—
(a) a human admixed embryo,
(b) any other embryo that is not a human embryo, or
(c) any gametes other than human gametes.
(2) No person shall—
(a) mix human gametes with animal gametes,
(b) bring about the creation of a human admixed embryo, or
(c) keep or use a human admixed embryo,except in pursuance of a licence.
(3) A licence cannot authorise keeping or using a human admixed embryo after the earliest of the following—
(a) the appearance of the primitive streak, or
(b) the end of the period of 14 days beginning with the day on which the process of creating the human admixed embryo began, but not counting any time during which the human admixed embryo is stored.
(4) A licence cannot authorise placing a human admixed embryo in an animal.
(5) A licence cannot authorise keeping or using a human admixed embryo in any circumstances in which regulations prohibit its keeping or use.
(6)For the purposes of this Act a human admixed embryo is—
(a) an embryo created by replacing the nucleus of an animal egg or of an animal cell, or two animal pronuclei, with—
(i) two human pronuclei,
(ii) one nucleus of a human gamete or of any other human cell, or
(iii) one human gamete or other human cell,
(b) any other embryo created by using—
(i) human gametes and animal gametes, or
(ii) one human pronucleus and one animal pronucleus,
(c) a human embryo that has been altered by the introduction of any sequence of nuclear or mitochondrial DNA of an animal into one or more cells of the embryo,
(d) a human embryo that has been altered by the introduction of one or more animal cells, or
(e) any embryo not falling within paragraphs (a) to (d) which contains both nuclear or mitochondrial DNA of a human and nuclear or mitochondrial DNA of an animal (“animal DNA”) but in which the animal DNA is not predominant.
(7)In subsection (6)—
(a) references to animal cells are to cells of an animal or of an animal embryo, and
(b) references to human cells are to cells of a human or of a human embryo.
(8) For the purposes of this section an “animal” is an animal other than man.
(9) In this section “embryo” means a live embryo, including an egg that is in the process of fertilisation or is undergoing any other process capable of resulting in an embryo.
(10) In this section—
(a) references to eggs are to live eggs, including cells of the female germ line at any stage of maturity, but (except in subsection (9)) not including eggs that are in the process of fertilisation or are undergoing any other process capable of resulting in an embryo, and
(b) references to gametes are to eggs (as so defined) or to live sperm, including cells of the male germ line at any stage of maturity.
(11) If it appears to the Secretary of State necessary or desirable to do so in the light of developments in science or medicine, regulations may—
(a) amend (but not repeal) paragraphs (a) to (e) of subsection (6);
(b) provide that in this section “embryo”, “eggs” or “gametes” includes things specified in the regulations which would not otherwise fall within the definition.
(12) Regulations made by virtue of subsection (11)(a) may make any amendment of subsection (7) that appears to the Secretary of State to be appropriate in consequence of any amendment of subsection (6).
Chapter 2 - Fundamental Rights and Freedoms: Article 6 Everyone shall be protected in their relations with the public institutions against any physical violation also in cases other than cases under Articles 4 and 5. Everyone shall likewise be protected against body searches, house searches and other such invasions of privacy, against examination of mail or other confidential correspondence, and against eavesdropping and the recording of telephone conversations or other confidential communications.
In addition to what is laid down in paragraph one, everyone shall be protected in their relations with the public institutions against significant invasions of their personal privacy, if these occur without their consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.
2 kapitlet - Grundläggande fri- och rättigheter: 6 § Var och en är gentemot det allmänna skyddad mot påtvingat kroppsligt ingrepp även i andra fall än som avses i 4 och 5 §§. Var och en är dessutom skyddad mot kroppsvisitation, husrannsakan och liknande intrång samt mot undersökning av brev eller annan förtrolig försändelse och mot hemlig avlyssning eller upptagning av telefonsamtal eller annat förtroligt meddelande. Utöver vad som föreskrivs i första stycket är var och en gentemot det allmänna skyddad mot betydande intrång i den personliga integriteten, om det sker utan samtycke och innebär övervakning eller kartläggning av den enskildes personliga förhållanden.
Artículo 15 Todos tienen derecho a la vida y a la integridad física y moral, sin que, en ningún caso, puedan ser sometidos a tortura ni a penas o tratos inhumanos o degradantes. Queda abolida la pena de muerte, salvo lo que puedan disponer las leyes penales militares para tiempos de guerra.
Article 15 Everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. Death penalty is hereby abolished, except as provided for by military criminal law in times of war.
Article 18 No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.
Article 35 The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed.
18. člen Nihče ne sme biti podvržen mučenju, nečloveškemu ali ponižujočem kaznovanju ali ravnanju. Na človeku je prepovedano delati medicinske ali druge znanstvene poskuse brez njegove svobodne privolitve.
35. člen Zagotovljena je nedotakljivost človekove telesne in duševne celovitosti, njegove zasebnosti ter osebnostnih pravic.
Article 16( 1) The right of every individual to integrity and privacy shall be guaranteed. This right may be restricted only in cases specifically provided by a law.
Čl. 16 (1) Nedotknuteľnosť osoby a jej súkromia je zaručená. Obmedzená môže byť len v prípadoch ustanovených zákonom.
Articolul 22(1) Dreptul la viata, precum si dreptul la integritate fizica si psihica ale persoanei sunt garantate. (...)
Article 22(1) The right to life, as well as the right to physical and mental integrity of person are guaranteed. (...)
Artigo 25.º (Direito à integridade pessoal) 1. A integridade moral e física das pessoas é inviolável. 2. Ninguém pode ser submetido a tortura, nem a tratos ou penas cruéis, degradantes ou desumanos. Artigo 26.º (Outros direitos pessoais) 3. A lei garantirá a dignidade pessoal e a identidade genética do ser humano, nomeadamente na criação, desenvolvimento e utilização das tecnologias e na experimentação científica.
Article 25 (Right to personal integrity) (1) Every person’s moral and physical integrity is inviolable. (2) No one may be subjected to torture or to cruel, degrading or inhuman treatment or punishment. Article 26 (Other personal rights) (3) The law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation, development and use of technologies and in scientific experimentation.
Article 39 No one shall be subjected to scientific experimentation, including medical experimentation, without his voluntary consent. Article 41.1 Personal inviolability and security shall be ensured to everyone. Any deprivation or limitation of liberty may be imposed only in accordance with principles and under procedures specified by statute. (...)
Art. 39 Nikt nie może być poddany eksperymentom naukowym, w tym medycznym, bez dobrowolnie wyrażonej zgody.Art. 41.1 Każdemu zapewnia się nietykalność osobistą i wolność osobistą. Pozbawienie lub ograniczenie wolności może nastąpić tylko na zasadach i w trybie określonych w ustawie. (...)
Article 21. (…) No one may be subjected to scientific or medical experimentation without his knowledge and free consent.
Obligations of the applicants
1. Member States shall impose upon applicants the obligation to cooperate with the competent authorities with a view to establishing their identity and other elements referred to in Article 4(2) of Directive 2011/95/EU. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as such obligations are necessary for the processing of the application.
2. In particular, Member States may provide that:
(a) applicants are required to report to the competent authorities or to appear before them in person, either without delay or at a specified time;
(b) applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports;
(c) applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible. Member States may provide that the applicant shall have to accept any communication at the most recent place of residence or address which he or she indicated accordingly;
(d) the competent authorities may search the applicant and the items which he or she is carrying. Without prejudice to any search carried out for security reasons, a search of the applicant’s person under this Directive shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity;
(e) the competent authorities may take a photograph of the applicant; and
(f) the competent authorities may record the applicant’s oral statements, provided he or she has previously been informed thereof.
Collection of information on individual cases
For the purposes of examining individual cases, Member States shall not:
(a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm;
(b) obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
1. Member States shall ensure that, where the competent authority is considering withdrawing international protection from a third-country national or stateless person in accordance with Article 14 or 19 of Directive 2011/95/EU, the person concerned enjoys the following guarantees:
(a) to be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international protection and the reasons for such a reconsideration; and
(b) to be given the opportunity to submit, in a personal interview in accordance with Article 12(1)(b) and Articles 14 to 17 or in a written statement, reasons as to why his or her international protection should not be withdrawn.
2. In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1:
(a) the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and
(b) where information on an individual case is collected for the purposes of reconsidering international protection, it is not obtained from the actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration, or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
3. Member States shall ensure that the decision of the competent authority to withdraw international protection is given in writing. The reasons in fact and in law shall be stated in the decision and information on how to challenge the decision shall be given in writing.
4. Once the competent authority has taken the decision to withdraw international protection, Article 20, Article 22, Article 23(1) and Article 29 are equally applicable.
5. By way of derogation from paragraphs 1 to 4 of this Article, Member States may decide that international protection shall lapse by law where the beneficiary of international protection has unequivocally renounced his or her recognition as such. A Member State may also provide that international protection shall lapse by law where the beneficiary of international protection has become a national of that Member State.
1. Member States shall take the necessary measures to ensure that the following intentional acts, as defined as offences under national law, which, given their nature or context, may seriously damage a country or an international organisation, are defined as terrorist offences where committed with one of the aims listed in paragraph 2:
(a) attacks upon a person’s life which may cause death;
(b) attacks upon the physical integrity of a person;
(c) kidnapping or hostage-taking;
(d) causing extensive destruction to a government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger human life or result in major economic loss;
(e) seizure of aircraft, ships or other means of public or goods transport;
(f) manufacture, possession, acquisition, transport, supply or use of explosives or weapons, including chemical, biological, radiological or nuclear weapons, as well as research into, and development of, chemical, biological, radiological or nuclear weapons;
(g) release of dangerous substances, or causing fires, floods or explosions, the effect of which is to endanger human life;
(h) interfering with or disrupting the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life;
(i) illegal system interference, as referred to in Article 4 of Directive 2013/40/EU of the European Parliament and of the Council (19) in cases where Article 9(3) or point (b) or (c) of Article 9(4) of that Directive applies, and illegal data interference, as referred to in Article 5 of that Directive in cases where point (c) of Article 9(4) of that Directive applies;
(j) threatening to commit any of the acts listed in points (a) to (i).
2. The aims referred to in paragraph 1 are:
(a) seriously intimidating a population;
(b) unduly compelling a government or an international organisation to perform or abstain from performing any act;
(c) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.
Article 28 General rules
1. A clinical trial may be conducted only where all of the following conditions are met:
(a) the anticipated benefits to the subjects or to public health justify the foreseeable risks and inconveniences and compliance with this condition is constantly monitored;
(b) the subjects, or where a subject is not able to give informed consent, his or her legally designated representative, have been informed in accordance with Article 29(2) to (6);
(c) the subjects, or where a subject is not able to give informed consent, his or her legally designated representative, have given informed consent in accordance with Article 29(1), (7) and (8);
(d) the rights of the subjects to physical and mental integrity, to privacy and to the protection of the data concerning them in accordance with Directive 95/46/EC are safeguarded;
Article 4 – Illicit removal of human organs
1 Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the removal of human organs from living or deceased donors:
a where the removal is performed without the free, informed and specific consent of the living or deceased donor, or, in the case of the deceased donor, without the removal being authorised under its domestic law;
b where, in exchange for the removal of organs, the living donor, or a third party, has been offered or has received a financial gain or comparable advantage;
c where in exchange for the removal of organs from a deceased donor, a third party has been offered or has received a financial gain or comparable advantage.
2 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply paragraph 1. a of this article to the removal of human organs from living donors, in exceptional cases and in accordance with appropriate safeguards or consent provisions under its domestic law. Any reservation made under this paragraph shall contain a brief statement of the relevant domestic law.
3 The expression “financial gain or comparable advantage” shall, for the purpose of paragraph 1, b and c, not include compensation for loss of earnings and any other justifiable expenses caused by the removal or by the related medical examinations, or compensation in case of damage which is not inherent to the removal of organs.
4 Each Party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law the removal of human organs from living or deceased donors where the removal is performed outside of the framework of its domestic transplantation system, or where the removal is performed in breach of essential principles of national transplantation laws or rules. If a Party establishes criminal offences in accordance with this provision, it shall endeavour to apply also Articles 9 to 22 to such offences.
Article 1 – Purpose and object
Parties to this Convention shall 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.
Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.
Article 7 Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 1 – Object and purpose
Parties to this Protocol shall 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 tests to which this Protocol applies in accordance with Article 2.
Article 17 – Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.