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 27/02/2021


Reservation contained in the instrument of ratification deposited on 13 December 2011 - Or. Fr.

France will apply to minors the exception provided for in Article 20.2 exceptionally authorising the removal of regenerative tissues from a person not having the capacity to consent, not only where the recipient is a brother or sister of the donor, but also where the recipient is a first cousin, uncle, aunt, nephew or niece of the donor.

French legislation (Act No. 2004-800 of 6 August 2004 supplemented by Act No. 2011-814 of 7 July 2011) is today less restrictive than the Convention. It extends the possibility of donation of hematopoietic stem cells removed from bone marrow at other degrees of kinship and authorises in particular removal from a minor for the benefit not only of the brothers and sisters but also of the cousins, uncles or aunts, nephews or nieces. This extension, which does not fundamentally impugn the principle established in Article 20 of the Convention, appeared justified to the French legislator from the medical standpoint (negligible risk to the donor but significant benefit for the recipient) especially as additional guarantees of an ethical nature and protecting the donor are laid down in the operative provisions.
Period covered: 01/04/2012 -
Articles concerned : 20

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