CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ REFLECTIONS OF ETHICAL DEBATE IN THE INTERNATIONAL LAW REGULATION … opinions on a part of these problems are expressed for example in the revised Guidelines for Stem Cell Research and Clinical Translation issued by the NGO International Society for Stem Cell Research ( ISSCR ) in 2016. 36 We will not address them in this paper, but we can only recommend interested readers to further explore these fascinating matters. The United Nations documents It can be generally said that public international law regulation of any particular subject is rooted in basic human rights. Therefore, also stem cell research is – directly and much more importantly indirectly – influenced by the Universal Declaration of Human Rights (hereinafter “the Universal Declaration”). Despite the non-binding nature of this iconic United Nations document from 1948, its importance is undoubtedly imminent. Paving the path to modern human rights law, the Universal Declaration of Human Rights inspired numerous other human rights catalogues. The Universal Declaration Preamble, alongside with its Article 1, highlights the crucial importance of human dignity. As will be shown below, the dignity of man is one of the crucial values protected by virtually every human rights treaty ever since 1948. This remains true even though the concept of human dignity in law is necessarily very vague. By its nature, dignity is a philosophical concept and the very long and complex discussion about its content does not provide legal scholars and lawmakers with any consensually accepted definition 37 . It is, however, the role of the courts to gradually find and specify the comment of dignity. While the resulting approach to the concept is still somewhat legalistic and reductionist, it is capable of certain evolution with respect to the changing views of scholars, public, and practice. In a categorical manner, Article 3 of the Universal Declaration grants everyone the right to life, alongside with the right to liberty and security of person. Even though human rights are generally not considered to be hierarchical, the special role of the right to life can hardly be denied. In a certain sense, it is the very basic right, since life is a condition to every other right to be exercised, including the right to dignity 38 . However unambiguous the content of this right might seem, the problem is in fact much more complex especially in the context of modern medicine. 3. bioedge.org/bioethics/book_closes_on_stem_cell_saga/11273> accessed 10 September 2017. COOK, Michael. Stem cell Icarus. BioEdge. (11 February 2017.) accessed 10 September 2017. 36 ISSCR. Guidelines for Stem Cell Research and Clinical Translation. (12 May 2016.) accessed 10 September 2017. 37 Because of its vague nature, the concept of dignity in the context of medical ethics and law is sometimes questioned. Some authors conclude that dignity is a useless concept which only pollutes discussion and which can – and should – be completely replaced by the respect for the autonomy of the will. See MACKLIN, Ruth. Dignity is a useless concept. British Medical Journal. (2003, Vol. 327, No. 7429), p. 1419-1420. accessed 27 March 2017. 38 WAGNEROVÁ, Eliška, Úvod. In WAGNEROVÁ, Eliška, ŠIMÍČEK, Vojtěch, LANGÁŠEK, Tomáš, POSPÍ- ŠIL, Ivo (eds.), Listina základních práv a svobod. Komentář. Wolters Kluwer, Praha 2012, p. 24-25. MLSNA, Petr, Lidská důstojnost jako esenciální ústavní princip. In JIRÁSEK, Jiří (ed.), Listina a současnost. Sborník příspěvků sekce ústavního práva, přednesených na mezinárodní vědecké konferenci Olomoucké právnické dny 2010. Iuridicum Olomoucense, Olomouc 2010, p. 135.

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