"Orthodox
tradition, bioethical principles and European integration"
Ismini Kriari
Associate Professor of Constitutional Law
Panteion University
"Values
and Principles for Building Europe"
The Holy Synod of the Church of Greece
_______________________
Hotel Divani
Caravel
Athens - Greece, May 4-6, 2003
The uniqueness of the new
biotechnological developments lies in the understanding at the outset that serious
social policy and ethical issues are raised by the biomedical research and that
steps ought to be taken now to try to assure that the benefits of the biotechnological
evolution are maximized and the potential dark side is minimized (1).
We live in the era of globalisation, but this reality should not amount to the
survival of only one culture or a unique moral perception. On the contrary people
and their representatives should try to contribute to the dialogue conducted
worldwide on these major challenges and enrich it with their thoughts and perspectives.
Our societies are thus faced with a formidable challenge, given that biomedical
developments raise questions at three different levels:
1. The first set of questions refers to the notion of human rights. The
very idea of human rights arguably rests on what it means to be human, on a
reverence for life and for autonomy, on the need of the individual to remain
master of his/her body. Nowadays the main legal issues deal with the fundamental
values inherent to the human rights conception: When does life begin and when
does it come to an end, what is the moral status of an embryo, what is the meaning
of affiliation? In order to solve these new individual and social problems a
reappraisal of traditional ethical principles is required, which may lead to
the enrichment of the already safeguarded rights or to the drafting of new ones.
An example of the new generation of rights that are elaborated as a result of
the biomedical developments is the right to the protection of genetic identity.
The Greek Constitution was under revision, completed on April 17, 2001 (2).
A new article setting out the protection of genetic identity is added thereto
(as art.5 para.5), upon initiative of the Minister of Culture and Professor
of Constitutional Law Evangelos Venizelos. The amendment was unanimously supported
by all political parties represented in the Greek Parliament (3),
(4).
2. The second set of questions refers to the establishment of new bodies
for the optimal management of the possibilities acquired by the biotechnological
revolution. I should name three examples in this respect:
a. Great Britain has founded the Human Fertilisation and Embryology Authority,
with a view to granting permission to units specialised in assisted reproduction
techniques and to units involved in research in the demanding field of embryo
experimentation (5).
b. In Greece the National Transplantation Organization, founded in 1999
coordinates the transplantation procedures (para. 3) (6),
in an effort to confront the acute problem of organ shortage.
3. The third set of questions refers to democratic decision-making, that
is how to arrive at a consensus on questions of biomedicine. Most of the European
Parliaments and the Parliament of the European Union have already instituted
technology assessment offices or parliamentary committees (7),
which carry out studies and similar activities (i.e. conferences, round tables),
with a twofold aim:
First, they want to enable their members to take balanced decisions based on
objective and unbiased information solely of deputies.
Second, they wish to initiate or strengthen the public debate, by invoking the
participation of the lay people. This is achieved by means of new techniques
that have been developed, such as the consensus conferences, in order to assure
that the opinion of the lay people, who are the ones to live with the new technologies,
will be taken into consideration.
At the same time it has been realised that life sciences and biotechnology should
be developed in a responsible way and in harmony with ethical values. The necessity
to elaborate new criteria in order to proceed to legal solutions in this sensitive
field of health care has been felt by States (8),
the European Commission (9) and Churches,
which have established bioethics bodies, in order to reconsider ethical principles
and/or formulate new ones.
In this context I want to mention an initiative undertaken by the Interparliamentary
Assembly on Orthodoxy:
The Declaration of Bioethical Principles based on the Orthodox tradition, which
has been promulgated at the 9th Annual Conference of the Interparliamentary
Assembly on Orthodoxy in Bucharest on 18 June 2002. The Interparliamentary Assembly
on Orthodoxy (hereinafter: IAO) consists of Parliamentary delegations, whose
members are Orthodox deputies. (10)
The Declaration was drafted by the Scientific Committee of the said Assembly
(11), and it was adopted by the 9th Annual
Conference of the IAO in Bucharest on 18 June 2002. As the Declaration is attached
to this paper, I will refer to its main principles:
1. The respect for the individual, which entails respect for his/her
autonomy and forbids any form of discrimination based on eugenic criteria; It
is the responsibility of every religious, political, scientific and social carrier
towards future generations to take all measures, so that man is not downgraded
to a financial figure, a genetic parameter or a deterministic entity.
Every political resolution or legislative adjustment which refers to matters
of biomedicine, medical technology, biotechnology and genetic engineering should
necessarily respect the fact that every human being constitutes a unique irreplaceable
and unrepeatable being; that this human being has by nature free will and forms
a social entity with rights and obligations.
This respect for the individual autonomy and for the intrinsic value of every
person is not only an element of orthodox doctrine but also an essential element
of the democratic regime. One should keep in mind that the protection of the
individual in every field, including the field of health, mirrors the development
of democratic institutions and their embedding in society.
2. The respect for genetic integrity, which should be protected with
regard to interventions other than the ones dictated for diagnostic, preventive
or therapeutic purposes.
The individual should be protected in the three major aspects related to genetics:
Genetic screening and testing, genetic interventions and the protection of genetic
data. These procedures should be conducted on the basis of voluntariness, after
receiving extensive, non-directive counselling and accompanied by protection
of the confidentiality. Genetic intervention on somatic cells should be carried
out for diagnostic, preventive and therapeutic purposes.
Further, discriminatory procedures aiming at the selection of individual or
at the creation of human beings with predetermined characteristics should be
strictly prohibited.
Another field merits strict scrutiny: While our knowledge is very limited we
proceed to decisive steps that bring immediate consequences. We should not move
to applications involving human cloning and the in-vivo alteration of the human
genetic material, before we acquire all the necessary knowledge regarding these
processes.
Finally, societies should consider among their priorities not only research
but also the protection of human variability and the improvement of the conditions
of the disabled.
3. Freedom of research, which should be combined with reverence towards
man; the freedom of science grew with consistency in the countries of the
Orthodox Christian tradition since the beginning of the Middle Ages and forms
part of their cultural identity.
However, the use of most recent research achievements generates not only hopes,
but also reasonable speculation on the way countries, societies, group of individuals
and individuals may choose to take advantage of these immense possibilities.
Man should be protected as a value, and social balance and traditions should
be respected and remain intact. When scientific discovery is not combined with
reverence towards man but is coupled with arrogance and prompted only by financial
interests, the effect of science may be proved harmful upon humankind. Scientists
must use their knowledge with discretion and prudence without preconception
and short-sightedness.
4. The principle of equality, which should enable all people to have
an equal access to the results of the biomedical development
5. The principle of altruism, which should guide individual decisions
about organ transplantation and genetic research.
6. The principle of solidarity, which is of twofold nature: Solidarity
towards individuals with disabilities and solidarity towards nations.
Solidarity towards individuals encompasses two options: a. the adoption of measures
enabling these individuals to live a meaningful life and b. the prohibition
of every form of discrimination.
States should adopt diagnostic measures, especially for the detection of disorders,
diseases and disfunction, which manifest themselves at the early stages, in
order to help children and adults to face their problem, to improve their condition
and to develop their abilities.
Solidarity towards nations dictates a just distribution of wealth, transfer
of biotechnological know - how to countries under development and prohibition
of biological weapons;
7. The principle of transparency, which should govern decision-making
processes in the fields of biomedical research and the resulting application
thereof.
In countries, where the Orthodox Christian faith prevails, a "social perception"
has been developed for various historical or social reasons on matters related
to the human cycle of life: Birth, disease, death constitute concerns not only
of the wider family but of the entire community. This perception leads today
to the realization of the need for a consistent, systematic and continuous informing
and updating of the wider social strata in matters related to health and mainly
to the genetics of man. From the viewpoint of the scientific and political leadership,
this process of informing and updating the wider public does not only form a
tool for the creation of consensus but also an expression of mutual responsibility
among the members of the human community. Transparency during the decision-making
process referring to scientific experimentation and to its applications should
constitute a fundamental prerequisite of the democratic regime/ education and
updating of all citizens is absolutely indispensable, so that the biomedical
evolution will be accessible to wide social strata. Lack of knowledge inevitably
leads to lack of participation in the public debate on these issues. It is therefore
the responsibility of political bodies to increase the level of public knowledge
in this field, given that the adequate scientific and technological education
of the population is the only way to safeguard the survival of a real democracy.
Only on the basis of social acceptance both of the benefits and the risks entailed
in new biotechnological methods and techniques may future steps be taken.
Technology assessment instruments such as the elaboration of multidisciplinary
studies or the organization of consensus conferences should be promoted and
incorporated into the legislative process.
8. The principle of tolerance, which should endorse a public dialogue
open to different religious and philosophical streams;
9. The principle of responsibility, which should be understood as responsibility
towards future generations and towards the environment. This responsibility
should lead to a campaign against biological weapons and
10. The principle of vigilance, which dictates control and monitoring
of the biotechnological evolution and elaboration of measures for effective
crisis management.
These principles should provide the frame for legal activities in the biomedical
field in the countries, which have formed the Interparliamentary Assembly on
Orthodoxy (12).
The above mentioned initiative does not serve only spiritual goals but is of
a unique practical importance: In order to master the consequences of the genetic
revolution national parliaments as well as the European Parliament should play
the role of a bridge, trying to reconcile advances in medicine and science with
human rights. Legal rules are needed, in order to translate the ethical conceptions
and the policy considerations to binding laws, thereby assuring that the risks
are properly assessed and kept to the minimum, so that interests of patients
a non-patients alike as well as the interests of the scientific community are
appropriately protected. In this difficult process the elaboration of principles
based on the orthodox tradition could provide a valuable aid at the law - making
process both at national and European level.
In its present phase of development Europe wants to attract the human, industrial
and financial resources to develop and apply biotechnology in order to meet
society's needs and increase its competitiveness. The success of this knowledge
- based technology is estimated to create new opportunities for qualified jobs
and to contribute to the economic development of the continent. By the year
2005 the European biotechnology market could be worth over EUR 100 billion.
The European Commission aims to restore European leadership in life sciences
and biotechnology research. A main objective is to ensure that the EU maintains
competitiveness vis-a-vis major industrialised countries such as the United
States and Japan.
In the frame of this process the importance of the ethical discussion has been
already recognised. In the words of the European Commission: "To be at
the front of developments, Europe should have the capacity for foresight/prospective
analysis and the necessary expertise to help clarify the often complex issues
for policy makers and the public, and to place them in their scientific and
socio-economic context. The Commission welcomes the key role played by the European
Group on Ethics in Science and New Technologies since its creation in the early
1990s and proposes… to reinforce the networking with and between national ethical
bodies" (13). Further the Commission
will develop, jointly with the European Parliament outreach measures to inform
about the analysis of ethical issues at the EU level.
While respecting cultural pluralism, the Commission will work with public and
private partners to identify areas where it is possible to establish consensus
on ethical guidelines/standards or best practice. Areas might include stem cell
research,biobanks, xenotransplantation, genetic testing and use of animals in
research. (14)
Man should take into consideration that Europe, as of now, is not a unity but
a fragment: A fragment of nations, peoples, societies, political systems and
perceptions of life, with a main reference point: The national state. The history
of modernity in Europe is tantamount to the history of national states - national
history, national interests, national economy etc.
And yet a feeling of commonness can be discerned in Europe: people, especially
the intellectuals feel as part of a greater whole. We speak of European history,
of the forming of a European conscience, distinguished but existing parallel
with national conscience. The Spanish phlosopher Ortega y Gasset has reportedly
answered a question related to the reasons, which made him leave his self -
imposed Argentine exile and return to Spain, then under Franco, by saying: Europe
is the only continent that has a content. How could one define this "European
content"?
Paul Velary gives to the "European" following definition: "I
view as Europeans those peoples who in their history have undergone three basic
influences: a) that of Rome, which as a state and as a power dominated the world
by virtue of its legal system and its administrative organisation; b) that of
Christianity and its Judaic heritage; c) above all, that of ancient Greece,
the highest attainment of humanism."
So the components of this definition are the anthropocentric conception of the
ancient philosophy, the development of critical thought, the capacity to doubt
and to criticise, on the one hand; man as a political being, a member of the
city, participating in its affairs, on the other.
Besides these values Christianity presents its own contribution to the world
of ideas, especially through the teaching of the Holy fathers of the Greek Orthodox
Church: The principle of freedom, the principle of equality of all people and
especially the equality between man and woman, the first traces of the rights
to education and to health. Further the Greek inheritance is to be found in
the organic survival of ancient humanistic virtue transformed into the Christian
percept of universal redemption.
At this juncture we should not forget the role of Byzantium: It is the first
European Empire. Its birth in the 4th century marks the starting point of the
Christian Europe, enriched already by the experience of the Greco - roman cultural
past. Therefore, Byzantium can be considered as the main builder of Christian
Europe. Indeed, the Orthodox Byzantine Europe of the East played the dominant
role in the development of Eastern European civilisation. It took over the roman
organisational pattern, the antique philosophy, the models of antique life and
seamlessly adapted them to the forms dictated by the imperatives of the new
religion of Christianity. Culturally unified by the Greeks and spiritually unified
by Constantinople's Orthodoxy, the Eastern part of Europe constitutes as much
an integral part of Europe as the Western one, which split off from it.
Most of our shared values may be traced in the elements recognised by Paul Valery.
Nowadays Europe finds itself in a crossroads again, and needs a concept for
its future. It is the most interesting period, but also a dangerous one, given
the many pressing problems of economic, political and social nature, which manifest
themselves in almost all countries. Europe has to elaborate new principles,
which can hold it together, not as a nation, which is not, but as a "cultural
community" (Kulturgemeinschaft, κοινότητα πολιτιστικών αξιών), which it
is, due to its classic, Chrisitan and Greco -roman tradition. This cultural
tradition should serve as a basis while elaborating principles, which should
govern, among others, our policies about natural resources, biotechnology or
informatics. It is only by means of cultural values that we may overcome the
national state and create our common European identity, leave behind us the
national fragment and proceed to the European Unity.
ANNEX
I. Introduction
The objectives of the IAO were promulgated at the Chalkidiki Conference of July 3, 1993, which was organized by the Hellenic Parliament. These objectives are, among others: "The enhancement of the role of Orthodoxy within the framework of the European Union and the consolidation of Orthodoxy as an important and necessary political, cultural and spiritual entity towards the shaping of a new European reality" (article 3 of the Founding Act).
2. DECLARATION OF THE BASIC PRINCIPLES OF BIOETHICS BASED ON THE ORTHODOX TRADITION
We, who represent the parliaments or groups of parliaments of our country in the Interparliamentary Assembly on Orthodoxy,
Declare:
1) The rapid progress
of biomedical sciences and the impressive results of related research and technological
applications hold high promises for improving the quality of life and relief
of pain via preventive, diagnostic and therapeutic means. We all welcome this
progress with enthusiasm and high expectations.
2) The issues of bioethics affect the sacredness of man in an extremely
pervasive way. They touch upon the beginning and end of human life, influence
its form and determine the psychosomatic bond. Moreover, they stimulate the
more profound aspects of human soul. For all these reasons, religions are entitled
to express their positions that require caution, respect and understanding.
3) The freedom of science grew with consistency in the countries of the
Orthodox Christian tradition since the beginning of the Middle Ages and forms
part of their cultural identity.
4) However, the use of most recent research achievements generates not
only hopes, but also reasonable speculation on the way countries, societies,
group of individuals and individuals may choose to take advantage of these immense
possibilities. Man should be protected as a value, and social balance and traditions
should be respected and remain intact. When scientific discovery is not combined
with reverence towards man but is coupled with arrogance and prompted only by
financial interests, the effect of science may be proved harmful upon humankind.
5) Respect for human dignity and personal freedom in human societies and
especially in the sector of health do not only contribute to the development
of the individual, but also form an element of society's democratic organization.
6) A characteristic of the explosion of biomedical sciences is that its
correct application is a greater achievement than its emergence. For this reason,
our responsibility as politicians is to make sure that scientists will define,
through regulating and controlling mechanisms, the safest possible boundaries
in order to prevent biomedical progress from turning from a unique blessing
to a destructive threat for human societies and individuals.
7) The Orthodox Christian tradition is characterized by an anthropology
-namely, a theory on man- which is unique and very important, since it regards
every human being as an image of God and recognizes as its destination the "likeness"
and union of man with God.
8) Within the Orthodox Christian tradition, man is not considered only
as an individual that is judged by his actions, but mainly as a person who is
substantiated by his relationship with his fellowmen and with God.
9) An ethical assessment of contemporary scientific achievements of biomedicine
should always take into consideration the following principles of respect:
a. Respect for time. While our knowledge is very limited we proceed to
decisive steps that bring immediate consequences. We should not move to applications
involving human cloning and the in-vivo alteration of the human genetic material,
before we acquire all the necessary knowledge regarding these processes.
b. Respect for God's creation. Knowledge and curiosity are so essentially
and deeply bound with the nature of man, that the danger of not limiting ourselves
to therapeutic applications but proceed to the correction of what some may regard
as "natural imperfections" is apparent. Consequently, along with gene
therapy approaches, we may also provoke disastrous changes in human social conduct
and relationships leading, perhaps, to genetic discrimination. Scientists must
use their knowledge with discretion and prudence without preconception and shortsightedness.
c. Respect for human variability, "imperfections" and disabilities.
The possibility to intervene in the quality and shape of our characteristics
for reasons other than diagnostic, preventive or therapeutic opens the way to
a society characterized by genetic discriminations, racism and eugenics; a society
in which there will be room only for healthy and strong people, people with
predetermined specifications. Societies should consider among their priorities
not only research but also the protection of human variability and the improvement
of the conditions of the disabled.
It is the responsibility of every religious, political, scientific and social
carrier towards future generations to take all measures, so that man is not
downgraded to a financial figure, a genetic parameter or a deterministic unit,
and to avoid every form of racist discrimination of a eugenic character. At
the same time, we will all work together so that priority be given to preserving
human dignity over any kind of research goals and achievements as well as for
the confidentiality of genetic and personal information.
The potential provided by biomedical progress and, more specifically, by genetic
engineering and new reproductive approaches requires that the human genome and
technological advancements in assisted reproduction be protected by all means
from any form of self-interest, financial exploitation, eugenic orientation
and arrogant domination.
d. Respect for human life from its conception until the moment of death.
Every political resolution or legislative adjustment which refers to matters
of biomedicine, medical technology, biotechnology and genetic engineering should
necessarily respect the fact that every human being from his/her conception
until his/her last breath constitutes a unique irreplaceable and unrepeatable
being; that this human being has by nature free will, is sacred and transcendental
in his/her essence and perspective, and forms a social entity with rights and
obligations.
10) Human life is not perceived only as the existence of an individual,
but also as one's co-existence with other individuals within a given environment.
This ascertainment gives birth to the principle of responsibility and respect
for the individual's autonomy, the environment and future human generations.
This respect for the environment refers so much to the animals as to nature.
11) Responsibility towards future generations requires special attention
with regard to the approval of germ-line therapy methods that will be passing
on their effect to the descendants of the persons undergoing the therapy. At
the same time, all forms of discriminatory treatment of individuals suffering
from any kind of health problems should be excluded. Finally, the genetic identity
of the individual should be protected with regard to interventions that do not
have a diagnostic or therapeutic character or do not aim to prevent a disease.
12) The autonomy of the individual should be taken into consideration
when referring to his/her status as patient or as research subject (consent
to medical/genetic tests and medical interventions, non-directive counselling,
protection of medical/genetic and personal data information) and with regard
to his/her choices as a consumer or specialist in the fields of medicine and
biology.
13) In countries, where the Orthodox Christian faith prevails, a "social
perception" has been developed for various historical or social reasons
on matters related to the human cycle of life: Birth, disease, death constitute
concerns not only of the wider family but of the entire community. This perception
leads today to the realization of the need for a consistent, systematic and
continuous informing and updating of the wider social strata in matters related
to health and mainly to the genetics of man. From the viewpoint of the scientific
and political leadership, this process of informing and updating the wider public
does not only form a tool for the creation of consensus but also an expression
of mutual responsibility among the members of the human community. Transparency
during the decision-making process referring to scientific experimentation and
applications should constitute a fundamental prerequisite of the democratic
regime.
14) We consider the correct education and updating on biomedical developments
and especially on human genome advances of us politicians and of all citizens
as absolutely indispensable. For this reason, we believe in the formation of
independent committees on bioethics and deontology. Furthermore, the states
should commit themselves to promoting education on bioethics and endorsing public
dialogue, which should always be open to the various religious streams of thought.
Technology assessment instruments such as the elaboration of multidisciplinary
studies or the organization of consensus conferences should be promoted and
incorporated into the legislative process. Statesmen should initiate special
legislation in order to regulate the frame of scientific endeavours and to control
medical activities in this field.
15) Professional bodies should also elaborate appropriate codes of conduct
and guidelines for sensitive and controversial issues such as human assisted
procreation or organ transplantation.
16) Mass media should act in this field in a thoughtful, professional
and responsible way appropriately counselled by specialists.
17) Sometimes, the financial interests of companies may suppress time,
just when research requires it. The alliance with time and thorough scientific
knowledge through investigation is the greatest safety valve. The knowledge
of experts on these specialized issues and its possible selective use guided
only by financial interests is uncontrollable and may be proven dangerous, when
it is not accompanied by a wide and correct updating of the society.
18) The welfare that accompanies biotechnological development and the
expected financial growth should not minimize the effort towards a more just
distribution of wealth on a national and international level as well as towards
the progress of countries under development. Therefore, the dependency of the
developing countries on the countries producing biotechnological knowledge through
the monopoly of production and management of the new technological knowledge
should not be prolonged. The principle of solidarity should govern state politics
concerning this matter.
19) The production, use and deliberate release into the environment of
genetically modified organisms and products should be subject to appropriate
safeguards and monitoring, in order to prevent harm to human health, animals
or the environment as a whole. Genetically engineered food supplies should be
labelled.
20) Moreover, plans should be formulated in advance for the effective
management of possible "biological crises" that may occur in the future.
These measures should be such as to minimize all possible negative consequences
due to these emergencies.
21) New knowledge should be used only for the benefit of humanity and
not as a means of enriching the world's weaponry. The need to undertake a campaign
aiming at the prohibition of "biological weapons" should become a
common conscience.
Bibliography
1. See Gore, Albert, Jr. (1985): A Congressional Perspective in: Sandra Panem (Ed.): Biotechnology - Implications for Public Policy, Brookings Dialogues on Public Policy, p. 12- 18. …"I believe that biotechnology has more potential to reshape the world as we know it than any other technology besides nuclear power…. If the promise of representative democracy is to be redeemed, therefore, society must stimulate and sustain a wide public debate including scientists, business leaders, public policymakers, academics and others, in a discussion of what the true implications of technology are; what choices have to be made, and how those choices can best be made (p. 13)."
2. See the amended constitutional provisions in: Government Gazette A No. 84 / 2001-4-17. Also Ismini Kriari - Catranis: Bioethical Issues and Human Rights in Greece in: Law and the Human Genome Review, No. 16, 2002, pp. 37 - 57.
3. See Z/ Revisional Parliament, Report of the Revision Committee, Report by E. Venizelos, pp. 7, 10, 24; Reports by representatives of the political parties of the opposition see I. Varvitsiotis (New Democracy) pp. 85 (97); A. Skyllakos (Communist Party) pp. 129 (135); F. Kouvelis (Coalition of the Left and Progress) pp. 139(146).
4.
The new article reads as follows:
"All persons shall enjoy full protection of their health and genetic identity.
All persons shall be protected with regard to biomedical interventions as provided
by law".
The genetic identity is to be understood as the genetic constitution of the
individual, the inherited genetic pattern, which has to be protected against
unlawful interventions seeking to modify it for reasons other than diagnostc,
preventive or therapeutic.-
The Greek Constitution is the third in Europe to include a provision on genetic
identity, besides the Swiss and the Portuguese Constitution. Apart from their
legal importance the symbolic value of these constitutional provisions should
not be underestimated: they mark the definite abandonment of the era of habeas
corpus and the beginning of a new era, characterised by habeas identitatem geneticam.-
The Swiss Federal Constitution in art. 119 para. B sect.2, incorporated therein
after a referendum in 1992, does not use the term "genetic identity"
but forbids genetic interventions to the germline and to embryos; see R.J. Schweitzer:
Kommentar zur Bundesverfassung der Schweitzerischen Eidgenossenschaft vom 29.
Mai 1874, Stand 1996, Art. 24 novies Rz. 3ff (52). The Portuguese art.26 para.3,
incorporated to the Constitution in 1997 has a formulation about the protection
of genetic identity similar to the Greek one; see Helena Pereira de Melo, O
biodireito in: Daniel Serrao/Rui Nunes (Coordenacao): /Etica em Cuidados de
Saude, Porto Editora, 1998, 171 - 182 (179).
5. See Ruth Deech (2002): The torn veil of ignorance in: Sinclair House Debates :"Who owns the human genome?, pp. 46 - 55. Two other countries, Iceland and Estonia have established gene banks, in order to gather DNA/s and health data of the whole population and make these, subject to certain restrictions, available to the scientific community for genetic research. Iceland has granted permission to a private company, whereas Estonia has opted for a publicly controlled main processor. The latter solution was considered as the most suitable way of maintaining a high level of protection of human rights and firm control over the process, both by the state and by a gene donor. These differences in the approach of the new perspectives reflect the variety of opinions referring to the optimal use of the new technologies.-
6. See M. Kourtis (2002): Transplantation Law, P.N. Sakkoulas Publications (Law and Economy), Athens, Greece (in Greek); for the previous regulations see: A. Varka - Adamis (1993): Transplantation Law, Athens, 1993 (in Greek).
7. In Greece the parliamentary special committee on technology assessment was established in 1997.
8. The National Bioethics Committee, operating under the Prime Minister, is established by Law 2666/18.12.1998. Its function is to examine the ethical, social and legal implications following the biomedical progress. The Committee submits its proposals as to the policy to be followed, cooperates with international organizations on these issues and takes all necessary steps to inform the public thereon.
9. The European Group of Ethics in Science and New Technologies since its creation in the early 1990s has played a significant role at the evaluation of difficult bioethical issues, such as human experimentation, stem cell research etc.
10. Members of the Assembly are the following countries: Albania, Armenia, Australia, Bulgaria, Georgia, New Yugoslavia, Greece, Esthonia, Kazakstan, Cyprus, Latvia, Belarus, Lithuania, Moldavia, Ukraine, Poland, Romania, Russia, Slovakia, The Netherlands, Chechia, Finland and Uganda.
11.
The Committee on Bioethics was established by the 8th General Assembly of the
IAO which convened on Patmos, Greece, from 28 June to 2 July 2001, in acknowledgement
of the great issues faced by science as well as society as a whole, following
the great technological achievements of the last decades. Mr. James Samios of
the National Parliament of Australia has been elected chairman of this committee.
Furthermore a scientific committee was established, its objective being to approach
bioethical issues within historical constants and values of the Orthodox tradition.
Professor Ismini Kriari - Catranis was appointed chairperson of the scientific
committee; the following scientists were appointed as members thereof: Dr. Algimantas
Paulauskas, Professor of Genetics from Lithuania; Dr. Marios Kariolou, Senior
Molecular Genetist at the Institute of Neurology and Genetics from Cyprus; Dr.
Emanouil Stoicesku, Executive Director at the College of Physicians in Bucharest,
Romania; Father N. Hatzinikolaou, Chairman of the Bioethics Committee of the
Holy Synod of the Greek Orthoodox Church and Archpriest Dimistri Smyrnoff, Co
- Chairman of the Council on biomedical ethics at the Moscow Patriarchate. This
six-member committee was entrusted with the task to elaborate principles based
on the orthodox tradition, which should govern recent advances in the fields
of biology and medicine.
12. The Greek Orthodox Church has expresses
its interest in bioethical issues by adopting following measures:
a. It has convened the Bioethics Council of the Holy Synod; its goal is to prepare
studies on the current biomedical questions and express the orthodox views thereon.
It is composed of theologists, medical doctors, genetists and lawyers. It has
already formulated a series of statements on organ transplantation, which has
been adopted by the Holy Synod of the Greek Church and it has prepared another
series of statements on human assisted procreation.
b. It has founded the Center for Biomedical Ethics, which serves as a forum
for interdisciplinary dialogues on these questions. It has organised three cycles
of postgraduate seminars, attended by health care professionals (doctors and
nurses), lawyers and theologists, on the following topics: Euthanasia, Embryonic
life/ Human assisted procreation and Genomics.See www.bioethics.org.gr
13. Life sciences and biotechnology - A strategy for Europe, European Commission, COM (2002) 27, p. 20.and p. 40 (actions 14-16).
14.
Op. cit. p. 40, Action 16.