©YOZMOT 2008
and Law
Medicine Med Law (2008) 27:15-28
15
Bioethics and Human Rights
HUMAN RIGHTS AND BIOETHICS: COMPETITORS OR ALLIES?
THE ROLE OF INTERNATIONAL LAW IN SHAPING THE
CONTOURS OF A NEW DISCIPLINE
Judit Sándor
*
Abstract: Bioethical norms that had constituted only a rather short
chapter in the medical curricula are now integrated into universal human
rights. This paper seeks to demonstrate the normative convergence
between the fields of bioethics and human rights by discussing the recently
adopted relevant international documents and some applicable cases from
international law. Human rights case law relevant in this emerging legal
domain is analyzed with the aim to tackle changes that have occurred in
the fields of human rights and bioethics due to the convergence and
interdependence between them. Bioethics and human rights are two
different systems of norms but bioethics can enrich human rights by
extending the traditional catalogue of rights in certain new fields. The
theory of human rights nevertheless dictates some discipline in formulating
new and new rights. Therefore it offers to bioethics, as an exchange, a
more sufficient enforcement mechanism and international recognition.
Keywords: Human rights; international law; UNESCO; Oviedo
Convention
INTRODUCTION
It has become evident over the course of the past fifteen years that bioethical
issues have emerged from the closed domains of academic circles and have
appeared at the stage of international law, followed by increasing public attention.
Bioethical norms that had constituted only a rather short chapter in the medical
curricula are now integrated into universal human rights norms. A new kind of
bioethics has emerged that does not merely describe ethically good or bad
conduct, along with the presentation of underlying arguments and analysis, but
* Professor of Law and Director of the Center for Ethics and Law in Biomedicine at the Central
European University, Budapest.