巴西抗COVID - 19疫苗的生物伦理和生物法

Eliana Aló Silveira
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引用次数: 1

摘要

新冠肺炎引发的大流行让世界重新思考伦理原则、道德和正义,但总是与科学并肩而行。生命伦理学从未被如此重视,作为一门科学,它旨在提供伦理内容,使人类在面对与生命有关的科学技术时得到尊严的对待。作为法律科学的一个分支,生物法是法律体系中不可或缺的一个分支,它以民主和捍卫基本权利为基础,以规范和调和生物技术进步与人类尊严原则。在国际领域,艺术中预见到生命权。1969年《美洲人权公约》第4条,该文件由巴西批准,来自区域体系。在巴西的法律制度中,1988年《联邦宪法》第1条第3款规定了这一规定,其中规定人的尊严是民主法治国家的基础,并在第5条中规定了生命权。从这些准则出发,即人类不应被视为“物”或工具,这种思想,即使是哲学上的,也可以在科学实验领域得出重要结论,特别是与COVID-19疫苗有关的情况,即即使得到委员会批准并遵循国际议定书,也不能保证人类尊严得到绝对保护,生命伦理学和人类基本价值的原则。而且,由于这些讨论,法院被敦促表明自己对工人拒绝接种疫苗的态度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil
The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.
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