Reservations and Declarations for Treaty No.164 - Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 04/12/2020


Declaration contained in the instrument of ratification deposited on 10 August 1999 - Or. Eng.

Article 20, paragraph 2, sub-paragraph ii, concerning the removal of regenerative tissue

Under this provision, the removal of regenerative tissue, for example bone marrow, from a minor may be authorised in exceptional circumstances if the recipient is a brother or sister of the donor. However, regenerative tissue may not be transplanted from an under-age child to one of its parents. This limitation is not compatible with general practice in Denmark, under Section 13 of the act on medical examinations prior to the issue of a death certificate, post-mortem examinations, transplantation, etc (Act No. 402-13/6-1990) and in certain other countries, given that there are cases - albeit very rare - in which donation from a child to a parent cannot be replaced by any other realistic or equal treatment. In such cases, the donation has the potential to be life-saving for the recipient. The tissue in question will be regenerated more quickly in the child, and the actual surgical intervention is a minor one in which the only risk is the risk related to the anaesthesia. If this treatment option is excluded, the result may be that the child will lose his or her mother or father.
Period covered: 01/12/1999 -
Articles concerned : 20

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