CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ REFLECTIONS OF ETHICAL DEBATE IN THE INTERNATIONAL LAW REGULATION … Convention on Biomedicine) which are very reluctant to strictly regulate any controversial matter. Also the approach of the European Court of Human Rights which interprets the European Convention on Human Rights is very cautious, which is in accordance with the doctrine of the evolutive interpretation of the said Convention and the need for granting the States Parties a wide margin of appreciation in controversial questions . This seemingly negligent approach is, however, very reasonable both from the philosophical and practical perspective. The authors of international documents are not uninformed of the ongoing ethical debate, but they are rather cautious in contributing to it. The international bodies do not consider themselves entitled to ultimately judge the most controversial ethical problems, and there is arguably no good reason why they should be. It is arguably preferable if the international organizations impose their values on the States in accordance with the principle of subsidiarity, or, in other words, if they define protected human rights rather broadly so that the cultural, social, and religious values of each State may be respected. Furthermore, if the international regulation established duties that the States are strongly unwilling to accept, the authority of international bodies and international law could be shattered. However, it is still commendable that the international bodies reflect more consciously and accurately the ongoing ethical debates with main concepts of human personhood and ethical reasoning. They should not provide definite answers to unresolved questions or break their respect for subsidiarity. The relevant terms should not be used in a narrow sense chosen by the international bodies. They should, however, not be used confusingly and chaotically. A more precise and unified use of core ethical terms and concepts would be useful. By helping the ethical vocabulary to be clearer, the international law would make it easier for the public to orientate in the complex ethical issues and lead a sensible debate.

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