The purpose and subject of the Convention is to protect human dignity and identity with regard to application of biology and medicine, without discrimination, guaranteeing the personal integrity and other rights and fundamental freedoms of each person. The Convention was opened for signature on April 4, 1997, and entered into force on December 1, 1999. The Republic of Armenia signed it on May 16, 2024. This was stated by the RA First Deputy Minister of Health Lena Nanushyan, presenting the issue of ratifying the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Oviedo Convention) at the NA sitting.
According to the Deputy Minister, the contractual nature of the Convention obliges the states that have ratified it to adopt legislation or bring the existing domestic legislation into line with the fundamental principles of the Convention. It is the only international treaty that does not simply address a range of separate issues in the field of biology and medicine, but has a comprehensive range of regulations aimed at protecting rights and freedoms in this area.
It establishes the patient’s informed consent for any medical intervention, the need to maintain medical confidentiality, the prohibition of financial gain during organ or tissue transplantation, and a number of other provisions.
The member states can establish a more stringent framework of protection regulations, which is not prohibited by the Convention.
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In response to the questions, the Deputy Minister clarified that Armenia signed with a reservation regarding one article. The question concerns Article 14 of the Convention, which deals with the exclusion of discriminatory selection of a child based on sex. This article contradicts Article 11.3 of the Law on Reproductive Health and Reproductive Rights of a Person, which allows determining the sex of a 4th child in the case of 3 children of the same sex. According to Lena Nanushyan, at present this issue is of important demographic importance for our country.
The member of the Standing Committee on Protection of Human Rights and Public Affairs Tigran Parsilyan presented the endorsement of the Committee on the issue under debate.
Highlighting the importance of adopting the Convention, the Chair of the NA Standing Committee on Health Care Arsen Torosyan disagreed with the observation of the Deputy Minister of Health that the reservation has demographic significance. “Since the adoption of that regulation, from June 2021 to December 31, 2024, 16 boys and 3 girls were born as 4th children in the Republic of Armenia thanks to that regulation,” Arsen Torosyan noted, stating that this discrimination nevertheless exists.
RA NA