The International treaty is a manifestation of the effort on the part of the Council of Europe to keep pace with developments in the field of biomedicine; it is notably the first multilateral binding instrument entirely devoted to biolaw.
[3] A minimum common standard is created by the Convention and allows states to legislate for a greater degree of protection upon ratification (Article 27).
[4] The rate of advancement in biomedicine caused concern to the Council of Europe that as much as development in this field instilled hope for mankind, it also posed a threat.
[5] It became the objective of the Council of Europe to set out common general standards for the protection of the dignity of the human person in relation to biomedical sciences.
The draft convention underwent public consultation in July 1994, adopted by the Committee of Ministers[8] in November 1996, and finally opened for signature on 4 April 1997.
[13] The preamble to the Oviedo Convention makes clear that its intention is for developments in biomedicine to benefit future generations and all of humanity.
Specific rules must be observed where any medical intervention is carried out in any situation where a person is not able to give free and informed consent.
In addition, there is to be no financial gain arising from the human body or its parts, however adequate compensation for expenses incurred for a medical procedure is not prohibited.
In accordance with the European Convention on Human Rights, any individual who has suffered damage should have access to fair compensation (Article 24).
[35] Appropriate judicial protection is required to be put in place to ensure there is no infringement of the principles contained in the Convention.
Six states have reservations regarding particular provisions: Any signatory can denounce the convention by means of notification to the Secretary General of the Council of Europe.
[40] In the context of biomedical research, the protocol aims to ensure protection for dignity and identity of all human beings without discrimination.
The Protocol recognises that research can contribute to saving and improving human life but it can also run contrary to the fundamental principles of dignity and other rights.
[41] The protocol responds to the concerns regarding possible improper use of genetic testing and aims to protect the dignity and identity of all human beings within this sphere.