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 03/12/2020

Switzerland

Reservation contained in the instrument of ratification deposited on 24 July 2008 - Or. Fr.

Switzerland declares that, until the entry into force of the Federal Law on the revision of the Civil Code of Switzerland (Protection of the adult, rights of the individuals and rights of filiation), Article 6, sub-paragraph 3, of the Convention apply subject to the cantonal legislation which grants the competence of decision to the physician for persons unable to discern who do not have a legal representative.
Period covered: 01/11/2008 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 24 July 2008 - Or. Fr.

Switzerland declares that Articles 19 and 20 of the Convention applies subject to Articles 12 and 13 of the law of 8 October 2004 on transplantation (status as of 1 July 2007), which do not provide for the principle of subsidiarity of a removal on a living person.
Period covered: 01/11/2008 -
Articles concerned : 20, 19

Reservation contained in the instrument of ratification deposited on 24 July 2008 - Or. Fr.

Switzerland declares that Article 20, sub-paragraph 2, of the Convention is applicable also subject to Article 13, sub-paragraph 2, lit. d, of the law of 8 October 2004 on transplantation (status as of 1 July 2007), which authorises also, as an exception to the rule, the removal of tissues or cells which regenerate when the recipient is the father or the mother or a child of the donor.
Period covered: 01/11/2008 -
Articles concerned : 20


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