Human rights and human dignity in the resolution of certain ethical questions in biomedicine.

Abstract

As medical technology develops, new issues are raised as to how the use of this technology may comply or conflict with existing human rights standards and values. This article considers the application of human rights standards, and in particular the jurisprudence under Article 8 of the European Convention on Human Rights, to the trade in human body organs, the selection of the sex of prospective children, and human reproductive cloning. The current domestic law and regulatory framework is examined, as well as international regulation of this area by the Council of Europe Convention on Human Rights and Biomedicine. The author considers how the balance is to be struck between the ethical objections to many developments in biomedicine, and individual self-determination. It is suggested that, in order to be justified, any limitations on individual self-determination in the use of this new medical technology, should have a basis in the protection of human dignity.