ADDITIONAL PROTOCOL to the BIOETHICS CONVENTION OF ASTURIAS* ON THE PROHIBITION OF CLONING HUMAN BEINGS
(Approved 6 of November of 1997 by the Committee of Ministers of the Council of Europe)
*CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND THE HUMAN DIGNITY IN RELATION WITH THE APPLICATION OF THE BIOLOGIE AND THE MEDICINE Convention on the human rights and the biomedicine
The signatory States members of the Council of Europe, the other States and the European Community of this additional Protocol to the Convention for the protection of the human rights and the dignity of the human being in relation to the application of Biology and the Medicine.
Considering the scientific advances in the field of the cloning of mammals, in individual through the embryonic division and the nuclear transference;
Conscious of the progress that some techniques of cloning can suppose in themselves for the scientific knowledge and its medical applications;
Considering that the clonning of human beings can get to be a technical possibility;
Remembering which the embryonic division can happen of natural way and that sometimes is in the birth of genetically identical binoculars;
Considering, nevertheless, that the instrumentation of the human beings through the deliberate creation of genetically identical human beings is opposite to the human dignity and constitutes, thus, an abuse of Biology and the Medicine;
Also considering the serious difficulties of medical, psychological and social order that practical biomedical so deliberate could carry for the subjects involved in her;
Considering the aim of the Convention on the Human Rights and the Biomedicine, in especial the principle mentioned in its Article 1, whose aim is to protect the dignity and identity of all the human beings;
They have decided what follows:
Prohibits any intervention that intends to create genetically identical human being to another one, or alive or died. To the effects of this article, the human expression to be "genetically identical" to another human being means to share with another one the same genetic nuclear charge.
Derogations will not be able to be done from this Protocol to the shelter of paragraph 1 of article 26 of the Convention.
Between the Parts, the dispositions of articles 1 and 2 of this Protocol additional articles of the Convention will be considered and the dispositions of the Convention will be applied to them coherently.
This Protocol will be opened to the company/signature of the signers of the Convention. He is subject to ratification, acceptance or approval. A Signer will not be able to ratify, to accept or to approve this Protocol if previous or it has simultaneously not ratified, accepted or approved the Cpnvention. The instruments of ratification, acceptance or approval will be deposited before the Secretary General of the Council of Europe.
This Protocol will take effect the first day of the following month the expiration of a period of three months after the date in which five States, including at least four States members of the Council of Europe, have expressed their consent to commit themselves by the Protocol, in agreement with the arranged thing in article 4.
2. With respect to all Signer that as of that moment expresses its consent to commit itself by him, the Protocol will take effect the first day of the following month the expiration of a period of three months after the date in which the instrument of ratification, acceptance is deposited or approval.
After the take effect of this Protocol, any State that has adhered to the Agreement will be able to also do it to this Protocol.
2. The adhesion will take place by means of the deposit, before the Secretary General of the Council of Europe, of an adhesion instrument, that will take effect the first day of the following month the expiration of a period of three months after the date of the deposit.
Any Part can denounce this Protocol at any time, by means of notification directed to the Secretary General of the Council of Europe.
2. The denunciation will be effective the first day of the following month to the expiration of a period of three months after the date of reception of such notification to the Secretary General. Article 8 the Secretary General of the Council of Europe will notify to the States members of the Council of Europe, to the European Community, all the Signers, all Part and any other invited State to adhere to the Agreement: a) all company/signature; b) the deposit of any instrument of ratification, acceptance or approval, or adhesion; c) all date of take effect of this Protocol, in agreement with Articles 5 and 6; d) any other act, notification or communication relative to the Protocol. Fact in......, in English and French, both equally authentic texts, in a single copy that will be deposited in the archives del Council of Europe. The Secretary General will send copies certified to each State member of the Council of Europe, to the States nonmembers that have participated in their elaboration, to any invited State to adhere to the Agreement and the European Community.