Download Results of the Discussions on Bioethics at the Twenty

RESULTS OF THE DISCUSSIONS ON
BIOETHICS
AT THE TWENTY-EIGHTH SESSION OF THE
GENERAL CONFERENCE OF UNESCO
AND RESOLUTIONS ADOPTED
(25 October - 16 November 1995)
I.
General Policy Debate
1.
The Director-General presented a report on the possibility of drawing up an
international instrument on the protection of the human genome (document 28 C/38), under
Item 7.5 of the Agenda of the twenty-eighth session of the General Conference.
2.
Document 28 C/38 presents the results of the reflections undertaken in 1994-1995 by
the International Bioethics Committee (IBC), its Bureau and its Legal Commission, as well as
the recent changes observed world-wide, at national, regional and international levels, in the
field of bioethics. It also reviews the preparation by the IBC of a possible international
instrument on the protection of the human genome. The draft Outline of the Declaration,
which is annexed to this report, is provided for information only, and is still the subject of a
wide consultation amongst the international intellectual community.
3.
In his introduction to the general policy debate, Mr Federico Mayor stressed the
ethical mission of UNESCO, which should constitute ìa meeting-place where ethical analysis
that is both free and global in its approach can develop, involving political leaders,
intellectuals in all fields and other individuals and institutions in societyî.
4.
In underlining the role of UNESCO in this field, the Director-General emphasized ìthe
movement launched with the establishment of the International Bioethics Committee, whose
work, on account of its quality and vision, provides ... cause for hope. I believe, however, that
beyond the questions linked to advances in the biomedical sciences UNESCO must henceforth
pursue a path of much broader analysis of the ethics of scientific knowledge. Such an
analysis, which could cover all the areas of scientific progress, including the relevant
applications and technologies, should give rise to a broad debate on the challenges to society
now represented by the growth of knowledge and the powers it gives rise toî.
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5.
Indeed, during the debate in the plenary meeting, numerous delegates stressed the
importance of the ethical mission of UNESCO, in all fields of its competence, to develop
international intellectual co-operation and to build a peace founded on the intellectual and
moral solidarity of humanity.
6.
Where scientific progress is concerned, bioethics, as an awareness of the implications
of the advances made in the life and health sciences, in particular genetics and molecular
biology, is the basis of an ever-growing debate on the choices that will direct the future course
of humanity. Bearer of hope as well as fear, this progress spreads, particularly through
biotechnology, to other fields of activity, and the concerns it expresses have an increasing
international dimension. In this respect, UNESCO constitutes a place where different views
can be expressed and exchanged between all countries of the world.
7.
In particular, the International Bioethics Committee constitutes a forum which, in a
transdisciplinary perspective, keeps abreast of progress in biomedical sciences, particularly
genetics, whilst at the same time taking care to ensure respect for the values of human
integrity and dignity in view of the potential risk of irresponsible attitudes in this field.
8.
Moreover, in his reply to the general policy debate, the Director-General highlighted
ìthe many references made to the Organization's, ethical mission and to the leading role
assigned to it in this connection, as an international forumî, and he referred to ìthe example of
the International Bioethics Committee, which has led to the initiation of an intercultural
dialogue - dispassionate, but searching - on the problems in society that arise from the
application of the findings of research on the human genomeî.
9.
Finally, UNESCO should strengthen ethical discussions in all the sectors of
competence of the Organization. As Mr Mayor stated, ìIt will be for UNESCO to initiate a
more wide-ranging discussion on the use of scientific knowledge and the resulting
technological innovations within the broadest possible multicultural context and on the basis
of the principles of the freedom and dignity of the human individualî. The emphasis placed
by several delegates on the educational, scientific, cultural and ethical challenges of the new
technologies of information and communication is without doubt an expression of the need
for analysis of the ethical and legal aspects of present knowledge.
II. Debate in Commission III (The sciences in the service
of development)
10.
All the interventions during the debate stressed the need to keep abreast of advances in
knowledge, particularly scientific knowledge, through ethical discussion and analysis. The
status of our scientific knowledge and the powers conferred on us by our technologies bring
us, more than ever before, face to face with our responsibilities - responsibilities towards
ourselves, our communities and humanity as a whole. Ethics - which the Director-General
has often qualified as "ethics of responsibility" - concern all aspects of our daily lives, private
and public, related to the scientific or social and cultural fields.
11.
Where bioethics is concerned, delegates recognized the importance of such a
discipline which would reconcile the needs of scientific research with the universal principles
of human rights and respect for human dignity, and emphasized the quality of the work
carried out by the IBC. The interest expressed by certain States as to what is at stake in
research in genetics, and the activities of UNESCO in this field, is witnessed by their active
involvement in the work of the IBC, particularly during its Third Session in September 1995.
At the opening of this Session, a round-table discussion involving several parliamentarians
afforded the occasion for a dialogue between different points of view on the subject of
bioethics.
12.
The IBC has been invited to strengthen its efforts in disseminating information
concerning its work, in particular by using new methods of communication and information.
Ever since its creation, the Committee has been considered as a place for debate and the
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exchange of information and ideas. In this respect, its discussions and analyses have always
been associated with various National Ethics Committees which also receive its publications
and reports on a regular basis. The publication of a Directory listing information collected
with the co-operation of National Commissions is planned for 1997. It should also be noted
that numerous non-governmental international organizations and academies of sciences
follow the activities of the Committee with great interest and make active contributions to its
work through suggestions and propositions.
13.
In the same vein, the Committee has striven, through a number of initiatives, to
encourage the exchange and dissemination of information. Firstly, the publication of the
Proceedings of the IBC, the 1995 edition of which has been largely diffused; so too
Spotlight on Ethics, the Committee's newsletter. Furthermore, UNESCO produced the film
Genome : Odyssey of the Species. Produced for television and used as a means of
communication, it has been disseminated in German, English, Spanish and French, in
particular through the National Commissions. Finally UNESCO, in its will to having the
press more closely associated with its bioethics programme, has seen numerous Press
Reviews prepared by the Bioethics Unit throughout the past year. These are just some
examples of numerous initiatives which will continue, particularly through the use of new
methods of information and communication such as Internet.
14.
Special emphasis should be placed on public awareness and the teaching of bioethics
which should be conceived on a transdisciplinary level. Observing its pedagogical mandate,
UNESCO intends to promote public awareness and understanding of bioethics, especially by
young people and even the establishment of teaching programmes in this field.
15.
To this effect, the Committee is reviewing the teaching of bioethics in all regions of
the world - a report concerning the Americas was submitted to the Third Session. A further
illustration is the creation of the first UNESCO Chair in Bioethics at the University of
Buenos Aires in June 1994. In collaboration with the "AcadÈmie de Paris" and the
"Association Descartes", a pilot project of teaching bioethics in high schools began a few
months ago in France. It is appropriate to mention here that during the debate in
Commission III, the Delegation of Kenya expressed its wish for the creation of a UNESCO
Chair in Bioethics in Nairobi, which would facilitate dissemination of information and
promote co-operation between African universities.
16.
In reference to the drawing up of an international instrument, all speakers who
intervened on this subject expressed their support for the preparation of a future declaration
which would affirm the priority of the dignity, the rights and the liberties of each individual
with regard to the human genome.
17.
As to the form this instrument should take, the choice of a declaration seems to be the
most appropriate one for an instrument dealing with this subject. A declaration allows
flexibility but does not exclude a legal sense being conferred to its content. Given the current
burgeoning of research in genetics and the applications arising from it, the format of a
declaration is most suited to define the major guidelines.
18.
With regard to the content, some delegates stressed the innovative aspect of the text
which proclaims, for the first time in international law, the human genome "common heritage
of humanity". By so doing, the future declaration could underline the signal responsibility of
humanity with regard to the human genome as a constituent element of the individuality of
each person and the very identity of humanity.
19.
Whilst the principle of freedom of research - recognized by constitutional law in
various States - has been affirmed, it must in no way impinge upon the respect of human
dignity. Other interventions raised the question of commercialization and exploitation of
genetics for monetary gain, for example intellectual copyright of biotechnology's and
genetically-modified organisms.
20.
It should be added that the Outline of a declaration, annexed to 28 C/38 is given for
information only as explained in paragraph 107. Before drawing up a draft declaration, the
IBC has circulated the Revised Outline of 7 March 1995 for observations amongst
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international and regional inter-governmental and non-governmental organizations, and major
scientific and cultural organizations (academies of sciences, faculties of law) and ethics
institutions (particularly national ethics committees). In its present preliminary form, the
Outline is still the subject of extensive consultation within the international intellectual
community.
21.
The Legal Commission of the IBC will examine suggestions still forthcoming from
numerous organizations - inter alia the World Health Organization (WHO), the International
Labour Office (ILO), the United Nations Environment Programme (UNEP) - and several
academies of sciences (Belgium, China and Sweden, to name but a few).
III. Conclusions
22.
Based on the examination of the Report of the Director-General and on the debates in
plenary and in Commission III, the General Conference has adopted the 28 C/Resolution 2.2
"Drawing up of an international declaration on the human genome and the protection of
human rights" (see Annex).
23.
It should also be indicated that 28 C/Resolution 2.1, to which in fact the above
resolution refers, invites the Director-General:
ìto facilitate the establishment of an international bioethics network, to
encourage exchanges of information, bioethics teaching and the setting up of
ethics committees, and to develop the awareness of decision-makers and the
public at large;
to prepare a preliminary draft declaration on the human genome and to
convene, in 1997, a committee of governmental experts (category II) to finalize
the draft declaration with a view to its adoption by the General Conference at
its twenty-ninth sessionî.
24.
Finally, it is important to note that the General Conference, by 28 C/Resolution 0.12
"Medium-Term Strategy for 1996-2001" in considering it indispensable for UNESCO to fulfil
its specifically ethical calling:
ìReaffirms in this connection the urgent need to strengthen the moral solidarity
of mankind in order to safeguard its common heritage - natural and cultural,
tangible and intangible, intellectual and geneticî.
And further it:
ìRecognizes the quality of UNESCO's contributions to those debates, and
welcomes the fact that, through such forums as the ad hoc Forum of Reflection
of the Executive Board, "Audience Africa", the International Commission on
Education for the Twenty-First Century, the World Commission on Culture and
Development and the International Bioethics Committee, it has lent fresh
impetus to international intellectual co-operationî.
ANNEX
28 C/Resolution 2.21
DRAWING UP OF AN INTERNATIONAL DECLARATION ON
THE HUMAN GENOME AND THE PROTECTION OF HUMAN RIGHTS
The General Conference,
Bearing in mind the Universal Declaration of Human Rights (1948), the international
covenants on human rights (1966) and the international conventions on the protection of
human rights,
Reaffirming the importance of the ethical mission of UNESCO, in accordance with its
Constitution, and the role that UNESCO must play in strengthening international intellectual
co-operation within its fields of competence,
Recalling 22 C/Resolution 13.1, 23 C/Resolution 13.1, 24 C/Resolution 13.1, 25 C/Resolution
5.2, 25 C/Resolution 7.3 and 27 C/Resolution 5.15,
Recognizing that progress in the life sciences, and particularly molecular biology and
genetics, holds out great hopes of benefits to individuals and to the whole of humanity, but
anxious to preserve, in this context, the dignity of individuals and their rights and freedoms,
Having examined document 28 C/38 entitled "Report by the Director-General on the
possibility of drawing up an international instrument on the protection of the human genome",
1.
Congratulates the International Bioethics Committee (IBC), and particularly its Legal
Commission, on the high standard of its work;
2.
Considers that it is necessary for the Organization to prepare a declaration on the
subject;
3.
Invites the Director-General to draw up a preliminary draft declaration along these
lines, which he should communicate to the Member States for their comments, and to
convene, in 1997, a committee of governmental experts (category II) to be entrusted
with the finalization of this draft declaration, with a view to its adoption by the
General Conference at its twenty-ninth session pursuant to paragraph 2.B.(e) of
28 C/Resolution 2.1;
4.
Further invites the Director-General to provide assistance to those States which may
request it for the creation of national bioethics committees to be concerned with the
protection of universally recognized rights and freedoms.
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Resolution adopted on 14 November 1995.