Plomer

HELSINKI IN THE AGE OF HUMAN
RIGHTS
WMA Satellite Meeting during the 11th World Congress of Bioethics:
Thinking ahead – The future of the Declaration of Helsinki
26 June 2012 , Rotterdam
Aurora Plomer, BA, MA, LLB, PhD
Professor of Law & Bioethics
Director SIBLE (Sheffield Institute of
Biotechnology Law and Ethics)
University of Sheffield
A.Plomer@sheffield.ac.uk
Aims
 Analyze the relationship between the
Declaration of Helsinki and UNESCO’s
Bieothics Declaration (UBD)
 Situate UBD in the wider dual international
human rights framework of the ICCPR &
ICESCR
 Show that DoH is consistent with and a
necessary complement to human rights
instruments.
Hierarchy of Human Rights in
International Law
Universal
Declaration of
Human Rights
(1948)
ICCPR (1966) ICESCR (1966)
UNESCO
BIOETHICS
DECLARATION
Strict v. Progressive Obligations
Article 7
ICCPR
Article
5 UBD
Article
6 UBD
Article 15
ICESCR
Article
14 UBD
Article
15 UBD
Article 15
1. The States Parties to the present Covenant recognize the
right of everyone:
 (a) To take part in cultural life;
 (b) To enjoy the benefits of scientific progress and its
applications;
 (c) To benefit from the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
International Covenant on Economic Social and Cultural
Rights (1966)
ICESCR: States Obligations
Article 2
1. Each State Party to the present Covenant undertakes to
take steps, individually and through international assistance
and co-operation, especially economic and technical, to the
maximum of its available resources, with a view to
achieving progressively the full realization of the rights
recognized in the present Covenant by all appropriate
means, including particularly the adoption of legislative
measures.
Art. 15 implications & Helsinki
– Design and conduct trials should be sensitive to local
context and needs (DoH – 17)
– The use of placebos may be consistent with human
rights (DoH – 32)
– Rights to benefit-haring (DoH -33)
Human Rights & Ethical Codes
-The UNESCO Declaration is not intended to displace and
cannot replace ethical codes conduct such as the
Declaration of Helsinki – specifically noted in the
Preamble to the Declaration.
– Like other human rights texts UNESCO’s Declaration
aims to provide a ‘universal framework of principles to
guide States’. The normative implications of these
principles and their detailed implementation must be
developed separately (by States)
-The Declaration of Helsinki 2008 has a critical and
complementary role to play in the detailed elaboration of
ethical guidance to ensure respect for human rights.
– Collaboration and dialogue between UN agencies, States,
professional organizations and civil society is crucial to
promote and enhance respect for human rights.
Thank You