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 : Reservations
Status as of 02/12/2020

Norway

Reservation contained in the instrument of ratification deposited on 13 October 2006 - Or. Engl.

In accordance with Article 36 of the Convention, the Government of the Kingdom of Norway reserves the right not to apply Article 20, paragraph 2, sub-paragraph ii, of the Convention, to the effect that Norway also authorises the removal of regenerative tissue from persons who do not have the capacity to consent in cases where the recipient is a child or parent of the donor, or in special cases, a close relative of the donor, cf. section 1, third paragraph, item 2, of Act of 9 February 1973 No. 6 relating to transplantation, hospital autopsies and the donation of bodies, etc. (Transplantation Act).

According to section 1, third paragraph, item 2, of the Transplantation Act, the removal of regenerative tissue from persons who do not have the capacity to consent may be authorised in cases where the recipient is a child or parent of the donor, or in special cases, a close relative of the donor, cf. section 1, third paragraph, item 2, of the said Act. Consequently, the provisions of Norwegian law go beyond those of Article 20, paragraph 2, sub-paragraph ii of the Convention, which only authorise the removal of regenerative tissue in cases where the recipient is a brother or a sister of the donor.
Period covered: 01/02/2007 -
Articles concerned : 36, 20


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