1. Kull persuna għandha d-dritt għar-rispett ta' l-integrità fiżika u mentali tagħha.
2. Fl-oqsma tal-mediċina u tal-bijoloġija, dawn li ġejjin għandhom jiġu rispettati b'mod partikolari:
a) il-kunsens liberu u infurmat tal-persuna kkonċernata, skond il-proċeduri stabbiliti mil-liġi;
b) il-projbizzjoni ta' prattiċi ewġeniċi, partikolarment dawk li jimmiraw għas-selezzjoni tal-persuni;
ċ) il-projbizzjoni li l-ġisem tal-bniedem u l-partijiet tiegħu, bħala tali, jintużaw bħala mezz ta' gwadann finanzjarju;
d) il-projbizzjoni tal-klonazzjoni riproduttiva tal-bnedmin.
1. Fis-sentenza tagħha tad- 9 ta' Ottubru 2001, l-Olanda vs il-Parlament Ewropew u l-Kunsill, (C-377/98, Ġabra p. I-7079, punti 70, 78, 79 u 80) il-Qorti tal-Ġustizzja kkonfermat li d-dritt fundamentali għall-integrità tal-persuni hu parti mil-liġi ta' l-Unjoni u, fil-kuntest tal-mediċina u tal-bijoloġija, jinkludi l-kunsens liberu u infurmat ta' min jagħtih u min jirċevieh.
2. Il-prinċipji ta' l-Artikolu 3 tal-Karta huma diġà inklużi fil-Konvenzjoni dwar id-Drittijiet tal-Bniedem u l-Bijomediċina, adottata mill-Kunsill ta' l-Ewropa (ETS 164 u l-protokoll addizzjonali ETS 168). Il-Karta ma titbiegħedx minn dawk il-prinċipji, u għalhekk tipprojbixxi biss il-klonazzjoni riproduttiva. Hija la tawtorizza u lanqas tipprojbixxi forom oħra ta' klonazzjoni. Għalhekk ma timpedixxi bl-ebda mod lil-leġislatur milli jipprojbixxi l-forom l-oħra ta' klonazzjoni.
3. Ir-referenza għal prattiċi ewġeniċi, partikolarment dawk li jimmiraw għas-selezzjoni tal-persuni, tirrigwarda sitwazzjonijiet fejn jiġu organizzati u implimentati programmi ta' selezzjoni, li jkunu jinvolvu, fost oħrajn, kampanji favur l-isterilizzazzjoni, it-tqala mġiegħla, iż-żwieġ etniku obbligatorju … atti li fl-Istatut tal-Qorti Kriminali Internazzjonali adottat f'Ruma fis- 17 ta' Lulju 1998 (ara l-Artikolu 7(1)(g) tiegħu) huma kollha meqjusa bħala reati internazzjonali.
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.
21 straipsnis. (...) Su žmogumi, be jo žinios ir laisvo sutikimo, negali būti atliekami moksliniai ar medicinos bandymai.
Preamble: ‘[...] the purpose of this Convention is to prevent and combat trafficking in human organs, and that the implementation of the provisions of the Convention concerning substantive criminal law should be carried out taking into account its purpose and the principle of proportionality, [...]‘ 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 7 – Illicit solicitation, recruitment, offering and requesting of undue advantages ‘(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 solicitation and recruitment of an organ donor or a recipient, where carried out for financial gain or comparable advantage for the person soliciting or recruiting, or for a third party. [...]‘
Article 3 - Terrorist offences ‘(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: [...] (b) attacks upon the physical integrity of a person;’ Article 25 Protection of victims of terrorism ‘Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. When determining whether and to what extent they should benefit from protection measures in the course of criminal proceedings, particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims of terrorism, including during questioning and when testifying.’
Article 13 - Obligations of the applicants ‘(2) In particular, Member States may provide that: [...] (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; [...]’ Article 30 - Collection of information on individual cases ‘For the purposes of examining individual cases, Member States shall not: [...] (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. [...]’ Article 45 - Procedural rules ‘(2) In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1: [...] (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. [...]’
Article 3 - The right of access to a lawyer in criminal proceedings ‘(6) In exceptional circumstances and only at the pre-trial stage, Member States may temporarily derogate from the application of the rights provided for in paragraph 3 to the extent justified in the light of the particular circumstances of the case, on the basis of one of the following compelling reasons: (a) where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; [...]’ Article 5 -The right to have a third person informed of the deprivation of liberty ‘(3) Member States may temporarily derogate from the application of the rights set out in paragraphs 1 and 2 where justified in the light of the particular circumstances of the case on the basis of one of the following compelling reasons: (a) where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; [...]’
Preamble: ‘(27) Human dignity and the right to the integrity of the person are recognised in the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, the Charter requires that any intervention in the field of biology and medicine cannot be performed without free and informed consent of the person concerned. Directive 2001/20/EC contains an extensive set of rules for the protection of subjects. These rules should be upheld. Regarding the rules concerning the determination of the legally designated representatives of incapacitated persons and minors, those rules diverge in Member States. It should therefore be left to Member States to determine the legally designated representatives of incapacitated persons and minors. Incapacitated subjects, minors, pregnant women and breastfeeding women require specific protection measures.‘ ‘(83) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter and notably human dignity, the integrity of the person, the rights of the child, respect for private and family life, the protection of personal data and the freedom of art and science. This Regulation should be applied by the Member States in accordance with those rights and principles.‘ 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; (e) the clinical trial has been designed to involve as little pain, discomfort, fear and any other foreseeable risk as possible for the subjects and both the risk threshold and the degree of distress are specifically defined in the protocol and constantly monitored; (f) the medical care provided to the subjects is the responsibility of an appropriately qualified medical doctor or, where appropriate, a qualified dental practitioner; (g) the subject or, where the subject is not able to give informed consent, his or her legally designated representative has been provided with the contact details of an entity where further information can be received in case of need; (h) no undue influence, including that of a financial nature, is exerted on subjects to participate in the clinical trial. [...]‘
‘(13) Member States should determine the age of the child on the basis of the child's own statements, checks of the child's civil status, documentary research, other evidence and, if such evidence is unavailable or inconclusive, a medical examination. A medical examination should be carried out as a last resort and in strict compliance with the child's rights, physical integrity and human dignity. Where a person's age remains in doubt, that person should, for the purposes of this Directive, be presumed to be a child.’ ‘(31) Member States should be able to derogate temporarily from the obligation to provide assistance by a lawyer in the pre-trial phase for compelling reasons, namely where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person, or where immediate action by the investigating authorities is imperative to prevent substantial jeopardy to criminal proceedings in relation to a serious criminal offence, inter alia, with a view to obtaining information concerning the alleged co-perpetrators of a serious criminal offence, or in order to avoid the loss of important evidence regarding a serious criminal offence. During a temporary derogation for one of those compelling reasons, the competent authorities should be able to question children without the lawyer being present, provided that they have been informed of their right to remain silent and can exercise that right, and that such questioning does not prejudice the rights of the defence, including the right not to incriminate oneself. It should be possible to carry out questioning, to the extent necessary, for the sole purpose of obtaining information that is essential to avert serious adverse consequences for the life, liberty or physical integrity of a person, or to prevent substantial jeopardy to criminal proceedings. Any abuse of this temporary derogation would, in principle, irretrievably prejudice the rights of the defence.’ ‘(41) The duty of care towards children who are suspects or accused persons underpins a fair administration of justice, in particular where children are deprived of liberty and are therefore in a particularly weak position. In order to ensure the personal integrity of a child who is deprived of liberty, the child should have the right to a medical examination. Such a medical examination should be carried out by a physician or another qualified professional, either on the initiative of the competent authorities, in particular where specific health indications give reasons for such an examination, or in response to a request of the child, of the holder of parental responsibility or of the child's lawyer. Member States should lay down practical arrangements concerning medical examinations that are to be carried out in accordance with this Directive, and concerning access by children to such examinations. Such arrangements could, inter alia, address situations where two or more requests for medical examinations are made in respect of the same child in a short period of time.’ ‘(49) Member States should ensure that children who are suspects or accused persons and kept in police custody are held separately from adults, unless it is considered to be in the child's best interests not to do so, or unless, in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests. For example, in sparsely populated areas, it should be possible, exceptionally, for children to be held in police custody with adults, unless this is contrary to the child's best interests. In such situations, particular vigilance should be required on the part of competent authorities in order to protect the child's physical integrity and well-being.’ Article 6 - Assistance by a lawyer ‘(8) In exceptional circumstances, and only at the pre-trial stage, Member States may temporarily derogate from the application of the rights provided for in paragraph 3 to the extent justified in the light of the particular circumstances of the case, on the basis of one of the following compelling reasons: (a) where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; [...]’