Original Articles
Vol. 66 No. 6 (2017)
https://doi.org/10.4081/mem.2017.516
"Primato dell'essere umano" e principio di autonomia nella Convenzione di Oviedo / "Primacy of the human being" and autonomy principle in the Oviedo Convention
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
Received: 25 January 2018
Accepted: 25 January 2018
Published: 25 January 2018
Accepted: 25 January 2018
Published: 25 January 2018
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Regardless of the difficulties encountered in building a common regulatory framework for the protection of human rights in the biomedical field in Europe, the Oviedo Convention has achieved remarkable results at the bioethics level. In particular, the «primacy of the human being» in article 2 is a fundamental and complex concept, with important implications in today's bioethical reflection. From this reflection it's possible to draw the conceptual distinction between "right of the body" and "right on the body", about which the Convention appears more oriented towards the beneficence principle in safeguarding the "right of the body", than towards an unconditional affirmation of individual autonomy principle and of a correlative "right on the body". Article 9 provides a confirmation of the equilibrium pursued by the Convention on freedom and responsibility, as well as between autonomy and beneficence, stating that the wishes previously expressed by the patient shall be taken into account, but do not necessarily have to be respected.
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How to Cite
"Primato dell’essere umano" e principio di autonomia nella Convenzione di Oviedo / "Primacy of the human being" and autonomy principle in the Oviedo Convention. (2018). Medicina E Morale, 66(6), 717-733. https://doi.org/10.4081/mem.2017.516
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