1 FROM BIOETHICS TO HUMAN RIGHTS IN BIOMEDICINE = 1
1.1 The origins of international bioethics = 1
1.2 The growth of bioethics and 'principle' driven regulation = 7
1.3 Ethical v legal regulation = 14
1.4 The importance of human rights = 16
2 HUMAN RIGHTS AND UNIVERSAL PRINCIPLES = 23
2.1 Ethical divides: the background to the Convention = 24
2.2 Before the Convention: Helsinki = 26
2.3 US human radiation experiments: the ACHRE report = 29
2.4 A morally bankrupt framework? = 32
2.5 The Convention on Human Rights & Biomedicine (CHRB) = 37
2.6 Individual v social benefit = 40
2.7 Convergence on fundamental and universal values? = 41
3 NON-THERAPEUTIC RESEARCH: DOMESTIC REMEDIES AND CONVENTION RIGHTS = 43
3.1 The centrality of consent in human rights instruments = 43
3.2 The UK Porton Down experiments = 45
3.3 Definitions of medical research = 46
3.4 Civil remedies in English law = 49
3.5 Canada and the US = 55
3.6 Autonomy and bodily integrity as constitutionally protected fundamental rights = 58
3.7 Convention rights = 60
3.8 Article 3 = 60
3.9 Article 8 = 62
3.10 Limitations: national security = 63
4 EMBRYONIC STEM CELL RESEARCH: HUMAN DIGNITY AND THE RIGHT TO LIFE = 67
4.1 Moral perspectives on human dignity = 68
4.2 Legal concepts of human dignity and the right to life = 71
4.3 Human dignity in international human rights instruments = 72
4.4 Human dignity in the new human rights instruments in biomedicine = 74
4.5 The right to life under the ECHR = 78
4.6 The embryo's right to life in Constitutional courts in Europe = 82
4.7 Policy and law in the US = 84
4.8 Points of convergence = 91
5 THE RIGHTS OF THE DEAD: RESEARCH ON HUMAN TISSUE AND BODY PARTS AFTER BRISTOL AND ALDER HEY = 93
5.1 The meaning of human corpses = 94
5.2 Moral perspectives = 94
5.3 English common law = 99
5.4 Models for reform = 102
5.5 A human rights perspective = 105
5.6 Balancing individual v societal interests = 111
6 RESEARCH IN DEVELOPING COUNTRIES: NEW ETHICS AND NEW THREATS TO HUMAN RIGHTS = 113
6.1 Introduction = 113
6.2 The ethics of AZT trials: ethical imperialism and ethical conflict = 114
6.3 Controversy over Helsinki standards = 117
6.4 The international drift away from Helsinki = 121
6.5 'Effective' v 'best "current"' treatment = 121
6.6 Who benefits? Individual v society = 124
6.7 Controlling abuse = 126
6.8 The Convention on Human Rights & Biomedicine (CHRB) = 128
6.9 The future of human rights in biomedical research = 134
6.10 Deficiencies in European human rights law = 134
6.11 Procedural limits = 135
6.12 Towards transnational justice = 135
Bibliography = 137
Index 147
1.1 The origins of international bioethics = 1
1.2 The growth of bioethics and 'principle' driven regulation = 7
1.3 Ethical v legal regulation = 14
1.4 The importance of human rights = 16
2 HUMAN RIGHTS AND UNIVERSAL PRINCIPLES = 23
2.1 Ethical divides: the background to the Convention = 24
2.2 Before the Convention: Helsinki = 26
2.3 US human radiation experiments: the ACHRE report = 29
2.4 A morally bankrupt framework? = 32
2.5 The Convention on Human Rights & Biomedicine (CHRB) = 37
2.6 Individual v social benefit = 40
2.7 Convergence on fundamental and universal values? = 41
3 NON-THERAPEUTIC RESEARCH: DOMESTIC REMEDIES AND CONVENTION RIGHTS = 43
3.1 The centrality of consent in human rights instruments = 43
3.2 The UK Porton Down experiments = 45
3.3 Definitions of medical research = 46
3.4 Civil remedies in English law = 49
3.5 Canada and the US = 55
3.6 Autonomy and bodily integrity as constitutionally protected fundamental rights = 58
3.7 Convention rights = 60
3.8 Article 3 = 60
3.9 Article 8 = 62
3.10 Limitations: national security = 63
4 EMBRYONIC STEM CELL RESEARCH: HUMAN DIGNITY AND THE RIGHT TO LIFE = 67
4.1 Moral perspectives on human dignity = 68
4.2 Legal concepts of human dignity and the right to life = 71
4.3 Human dignity in international human rights instruments = 72
4.4 Human dignity in the new human rights instruments in biomedicine = 74
4.5 The right to life under the ECHR = 78
4.6 The embryo's right to life in Constitutional courts in Europe = 82
4.7 Policy and law in the US = 84
4.8 Points of convergence = 91
5 THE RIGHTS OF THE DEAD: RESEARCH ON HUMAN TISSUE AND BODY PARTS AFTER BRISTOL AND ALDER HEY = 93
5.1 The meaning of human corpses = 94
5.2 Moral perspectives = 94
5.3 English common law = 99
5.4 Models for reform = 102
5.5 A human rights perspective = 105
5.6 Balancing individual v societal interests = 111
6 RESEARCH IN DEVELOPING COUNTRIES: NEW ETHICS AND NEW THREATS TO HUMAN RIGHTS = 113
6.1 Introduction = 113
6.2 The ethics of AZT trials: ethical imperialism and ethical conflict = 114
6.3 Controversy over Helsinki standards = 117
6.4 The international drift away from Helsinki = 121
6.5 'Effective' v 'best "current"' treatment = 121
6.6 Who benefits? Individual v society = 124
6.7 Controlling abuse = 126
6.8 The Convention on Human Rights & Biomedicine (CHRB) = 128
6.9 The future of human rights in biomedical research = 134
6.10 Deficiencies in European human rights law = 134
6.11 Procedural limits = 135
6.12 Towards transnational justice = 135
Bibliography = 137
Index 147