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Opening for signature of two new treaties
Strasbourg, 27.11.2008 - On the occasion of the special meeting at which
Spain succeeded Sweden as the chair of the Committee of Ministers, two
treaties were opened for signature.
The European Convention on the Adoption of Children (Revised) (CETS 202
<http://conventions.coe.int/Treaty/Commun/Q ueVoulezVous.asp?NT=3D202&CM=3D8&
DF=3D&am p;CL=3DENG> ) was signed by Armenia, Denmark, Finland, Iceland,
Norway
and the United Kingdom.
The aim is to take account of social and legal developments while
keeping to the European Convention on Human Rights and bearing in mind
that the child's best interests must always take precedence over any
other considerations.
New provisions introduced by the convention:
* The father's consent is required in all cases, even when the child was
born out of wedlock.
* The child's consent is necessary if the child has sufficient
understanding to give it.
* It extends to heterosexual unmarried couples who have entered into a
registered partnership in States which recognise that institution. It
also leaves States free to extend adoptions to homosexual couples and
same sex-couples living together in a stable relationship.
* The new convention strikes a better balance between adopted children's
right to know their identity and the right of the biological parents to
remain anonymous.
* The minimum age of the adopter must be between 18 and 30, and the age
difference between adopter and child should preferably be at least 16
years.
The Additional Protocol to the Convention on Human Rights and
Biomedicine, concerning Genetic Testing for Health Purposes (CETS 203
<http://conventions.coe.int/Treaty/Commun/Q ueVoulezVous.asp?NT=3D203&CM=3D8&
DF=3D&am p;CL=3DENG> ) was signed by Finland, Luxembourg and Moldova.
Biological and medical research has led to remarkable progress in the
field of human health. The rapid developments in this sphere have
prompted the Council of Europe to consider the ethical and legal aspects
of applications of genetics, particularly genetic testing, and to draw
up legal rules to protect fundamental human rights with regard to these
applications.
The new Protocol sets down principles relating inter alia to the quality
of genetic services, prior information and consent and genetic
counselling. It lays down general rules on the conduct of genetic tests,
and, for the first time at international level, deals with the directly
accessible genetic tests for which a commercial offer could develop in
future. It specifies the conditions in which tests may be carried out on
persons not able to consent. Also covered are the protection of private
life and the right to information collected through genetic testing.
Finally, the Protocol touches on genetic screening.
PRESS RELEASE
Council of Europe Press Division
Ref: 850a08
Tel: +33 (0)3 88 41 25 60
Fax:+33 (0)3 88 41 39 11
[email protected]
internet: www.coe.int/press
To receive our press releases by e-mail, contact :
[email protected]
A political organisation set up in 1949, the Council of Europe works to
promote democracy and human rights continent-wide. It also develops
common responses to social, cultural and legal challenges in its 47
member states.
Strasbourg, 27.11.2008 - On the occasion of the special meeting at which
Spain succeeded Sweden as the chair of the Committee of Ministers, two
treaties were opened for signature.
The European Convention on the Adoption of Children (Revised) (CETS 202
<http://conventions.coe.int/Treaty/Commun/Q ueVoulezVous.asp?NT=3D202&CM=3D8&
DF=3D&am p;CL=3DENG> ) was signed by Armenia, Denmark, Finland, Iceland,
Norway
and the United Kingdom.
The aim is to take account of social and legal developments while
keeping to the European Convention on Human Rights and bearing in mind
that the child's best interests must always take precedence over any
other considerations.
New provisions introduced by the convention:
* The father's consent is required in all cases, even when the child was
born out of wedlock.
* The child's consent is necessary if the child has sufficient
understanding to give it.
* It extends to heterosexual unmarried couples who have entered into a
registered partnership in States which recognise that institution. It
also leaves States free to extend adoptions to homosexual couples and
same sex-couples living together in a stable relationship.
* The new convention strikes a better balance between adopted children's
right to know their identity and the right of the biological parents to
remain anonymous.
* The minimum age of the adopter must be between 18 and 30, and the age
difference between adopter and child should preferably be at least 16
years.
The Additional Protocol to the Convention on Human Rights and
Biomedicine, concerning Genetic Testing for Health Purposes (CETS 203
<http://conventions.coe.int/Treaty/Commun/Q ueVoulezVous.asp?NT=3D203&CM=3D8&
DF=3D&am p;CL=3DENG> ) was signed by Finland, Luxembourg and Moldova.
Biological and medical research has led to remarkable progress in the
field of human health. The rapid developments in this sphere have
prompted the Council of Europe to consider the ethical and legal aspects
of applications of genetics, particularly genetic testing, and to draw
up legal rules to protect fundamental human rights with regard to these
applications.
The new Protocol sets down principles relating inter alia to the quality
of genetic services, prior information and consent and genetic
counselling. It lays down general rules on the conduct of genetic tests,
and, for the first time at international level, deals with the directly
accessible genetic tests for which a commercial offer could develop in
future. It specifies the conditions in which tests may be carried out on
persons not able to consent. Also covered are the protection of private
life and the right to information collected through genetic testing.
Finally, the Protocol touches on genetic screening.
PRESS RELEASE
Council of Europe Press Division
Ref: 850a08
Tel: +33 (0)3 88 41 25 60
Fax:+33 (0)3 88 41 39 11
[email protected]
internet: www.coe.int/press
To receive our press releases by e-mail, contact :
[email protected]
A political organisation set up in 1949, the Council of Europe works to
promote democracy and human rights continent-wide. It also develops
common responses to social, cultural and legal challenges in its 47
member states.