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» Genetic engineering
A. Legislation
Cloning
- Additional Protocol on the Prohibition of Cloning Human Beings, to the Oviedo Convention, incorporated into the national legislation by the Ministerial Decision F.0546 / 1 / AS 723 / M.4898
- Law 3089/2002
- Law 3305/2005
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» Αbortion
A. Legislation
Abortion
- Law 1609/1986.
- Articles 304-305 of the Penal Code, as amended by Law 1609/1986.
B. Case Law
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» Euthanasia
A. Legislation
- Article 29 L. 3418/2005
B. Case Law
- Case Pretty vs UK // Full Details here
- Case Hass vs Switzerland
- Case Koch vs Germany
- Case Lambert vs France
- Case Gross vs Switzerland
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» Medical liability
A. Legislation
- Medical Ethics Code ((Law 3418/2005),), which replaced the 1955 Royal Decree..
- Article 47 of Law 2071/1992, which refers to the rights of the patient..
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» Transplantations
A. Legislation
- Law 3984/2011..
- Law 2737/1999..
- Additional Protocol to the Oviedo Convention concerning Transplantation of Organs and Tissues of Human Origin, which has not yet been transposed into national legislation
- Directive 2004/23/EC
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» Medically Assisted Reproduction
A. Legislation
I. International Texts
- Oviedo Convention: : Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine
- The Additional Protocol to the Oviedo Convention on the Prohibition of Cloning Human Beings
II. European Texts
- REGULATION (EC) No. 596/2009 of June 18, 2009 (amendment Directive 2004/23/EC)
- DIRECTIVE 2004/23 / EC " setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells "
- DIRECTIVE 2006/17 / EC on the donation, procurement and testing of human tissues and cells
- DIRECTIVE 2006/86 / EC as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells
III. National Legislation
- Explanatory Report L. 3089/2002
- Explanatory Report L. 3305/2005
- Explanatory Report L. 4272/2014
- LAW 3089/2002: :Medical Assisted Reproduction
- Law 3305/2005: Application of Medical Assisted Reproduction
- LAW 4272/2014 (Government Gazette 145 / 07.11.2014)
- Authority of Medically Assisted Reproduction decision n. 2/2008:Medically Assisted Reproduction in seropositive patients for the virus of human immunodeficiency
- Authority of Medically Assisted Reproduction decision no 36/2008: Payment of costs and compensation in cases of gametes disposal without consideration and surrogacy
- Authority of Medically Assisted Reproduction decision 47/2014: Determining the exact number of fertilized eggs transferred into individual groups assisted persons, depending on their age and medical indications in accordance with Article 6 par. 1 and 20 par 1 Ic of Law 3305/2005.
- Authority of Medically Assisted Reproduction decision 54/2014: Adding paragraph in Article 1 of the Authority of Medically Assisted Reproduction decision no. 36/2008
- Authority of Medically Assisted Reproduction directive 45/2008: egg donation
- PRESIDENTIAL DECREE 26/2008: Harmonization of Greek legislation with Directive 2004/23 / EC on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (EEL102 / 7.4.2004) and related to that Directives 2006/17 / EC (EEL 38 / 9.2.2006) and 2006/86 / EC (EEL 294 / 25.10.2006)
B. Case Law
- Parillo V. Italy (research on embryos)
- COSTA AND PAVAN v. ITALY (pre-implantation diagnosis)
- D. ET AUTRES c. BELGIQUE (surrogacy)
- DICKSON v. UK (MAR and prison)
- EVANS v. UK (consensus)
- KNECHT v. ROMANIA (biobanks)
- LABASSEE c. FRANCE (surrogacy)
- MENNESSON c. FRANCE (surrogacy)
- P. B. H. v. UK (MAR and prison)
- PARADISO_CAMPANELLI c. ITALIE (surrogacy)
- S.H AND OTHERS v. AUSTRIA (heterologous IVF)
- X.Y AND Z. v. UK (MAR and transgender)
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» Mental Health
The main Greek legislative texts in this field are:
- L. ΨΜΒ / 1862 "On establishing mental hospitals."
- Legislative Decree no 104/1973 "On mental health and care of the mentally ill patients. Implementing Legislative Decree, two Ministerial Decisions were issued, Γ2β/3036/1973 and A2β/ 5345/1978.
- Law. 2071/1992 "Modernization and organization of Healthcare System."
- Law. 2716/1999 "Development and modernization of mental healthcare services and other provisions".
- Law. 3418/2005 "Code of Medical Ethics" (particularly article 28).
International legal instruments concerning the mentally ill patients are the European Convention on Human Rights (ECHR) and the two Protocols to the Convention 11 and 14 as well as Oviedo Convention – ratified by Greece by law 2619/1998.
Τhe following Recommendations of the Council of Europe are of particular interest
- Recommendation 779 (1976) of the Parliamentary Assembly of the Council of Europe on the rights of the sick and dying.
- Recommendation 818 (1977) of the Parliamentary Assembly of the Council of Europe on the situation of the mentally ill.
- Recommendation R (83) 2 of the Committee of Ministers to member states concerning the legal protection of persons suffering from mental disorder placed as involuntary patients.
- Recommendation R 1235 (1994) of the Parliamentary Assembly of the Council of Europe on psychiatry and human rights.
Related guidelines:
UN (United Nations)
- Declaration on the Rights of Mentally Retarded Persons (1971)
- Standard Rules on the Equalization of Opportunities for Persons with Disabilities
- World Program of Action Concerning Disabled Persons
- Basic Principles for the Treatment of Prisoners
- Standard Minimum Rules for the Treatment of Prisoners
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991)
WPA (World Psyciatric Association)
The Declaration of Hawaii (1977)
Adopted at the 6th World Congress of Psychiatry (more on www.wpanet.org)
Declaration of Madrid on ethical standards for Psychiatric Practice (1996)
WHO (World Health Organization)
Mental Health Care Law: Ten Basic Principles (1996)
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» Biodiversity
The extensive applications of biotechnology in the natural environment management, in particular with the creation of genetically modified organisms (GMOs), cover an increasing part of agricultural production internationally and connect bioethics with ecological concerns.
The main legislative texts in this field are the UN Convention on Biodiversity, which was incorporated into national legislation by law 2204 / 1994, and its Protocol on Biosafety , which has been incorporated to EU and national legislation by Regulation 1946/2003 dealing with the transboundary movement of GMOs.
At an EU level interest are : the directive 2001/18 on the deliberate release of genetically modified organisms, which has been integrated into our national law by the Ministerial Decision 38639/2017 of 2005 ,and the accompanying Regulation 1829/2003 on genetically modified food and feed and Regulation 1830/2003 on traceability and labeling of these products. Also interesting is the Ministerial Decision US / 11648/1943 of 2002, which incorporates into our national law Directive 98/81 on the contained use of genetically modified micro-organisms.
Finally, full of interest is the EU Directive 2004/35 regulating environmental liability with regard to the prevention and remedying of environmental damage which must be incorporated to Member States' legislation by April 30, 2007.
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» Laboratory animals
Laboratory animals are protected by the Presidential Decree 56/2013 harmonizing national legislation to the EU Directive 2010/63 and law 2015/2001 ,which incorporates the Convention for the Protection of Vertebrate Animals used for experimental and Other Scientific Purposes, of the Council of Europe.
» Genetic engineering
A. Legislation
Cloning
- Additional Protocol on the Prohibition of Cloning Human Beings, to the Oviedo Convention, incorporated into the national legislation by the Ministerial Decision F.0546 / 1 / AS 723 / M.4898
- Law 3089/2002
- Law 3305/2005
» Αbortion
A. Legislation
Abortion
- Law 1609/1986.
- Articles 304-305 of the Penal Code, as amended by Law 1609/1986.
B. Case Law
» Euthanasia
A. Legislation
- Article 29 L. 3418/2005
B. Case Law
- Case Pretty vs UK // Full Details here
- Case Hass vs Switzerland
- Case Koch vs Germany
- Case Lambert vs France
- Case Gross vs Switzerland
» Medical liability
A. Legislation
- Medical Ethics Code ((Law 3418/2005),), which replaced the 1955 Royal Decree..
- Article 47 of Law 2071/1992, which refers to the rights of the patient..
» Transplantations
A. Legislation
- Law 3984/2011..
- Law 2737/1999..
- Additional Protocol to the Oviedo Convention concerning Transplantation of Organs and Tissues of Human Origin, which has not yet been transposed into national legislation
- Directive 2004/23/EC
» Medically Assisted Reproduction
A. Legislation
I. International Texts
- Oviedo Convention: : Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine
- The Additional Protocol to the Oviedo Convention on the Prohibition of Cloning Human Beings
II. European Texts
- REGULATION (EC) No. 596/2009 of June 18, 2009 (amendment Directive 2004/23/EC)
- DIRECTIVE 2004/23 / EC " setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells "
- DIRECTIVE 2006/17 / EC on the donation, procurement and testing of human tissues and cells
- DIRECTIVE 2006/86 / EC as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells
III. National Legislation
- Explanatory Report L. 3089/2002
- Explanatory Report L. 3305/2005
- Explanatory Report L. 4272/2014
- LAW 3089/2002: :Medical Assisted Reproduction
- Law 3305/2005: Application of Medical Assisted Reproduction
- LAW 4272/2014 (Government Gazette 145 / 07.11.2014)
- Authority of Medically Assisted Reproduction decision n. 2/2008:Medically Assisted Reproduction in seropositive patients for the virus of human immunodeficiency
- Authority of Medically Assisted Reproduction decision no 36/2008: Payment of costs and compensation in cases of gametes disposal without consideration and surrogacy
- Authority of Medically Assisted Reproduction decision 47/2014: Determining the exact number of fertilized eggs transferred into individual groups assisted persons, depending on their age and medical indications in accordance with Article 6 par. 1 and 20 par 1 Ic of Law 3305/2005.
- Authority of Medically Assisted Reproduction decision 54/2014: Adding paragraph in Article 1 of the Authority of Medically Assisted Reproduction decision no. 36/2008
- Authority of Medically Assisted Reproduction directive 45/2008: egg donation
- PRESIDENTIAL DECREE 26/2008: Harmonization of Greek legislation with Directive 2004/23 / EC on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (EEL102 / 7.4.2004) and related to that Directives 2006/17 / EC (EEL 38 / 9.2.2006) and 2006/86 / EC (EEL 294 / 25.10.2006)
B. Case Law
- Parillo V. Italy (research on embryos)
- COSTA AND PAVAN v. ITALY (pre-implantation diagnosis)
- D. ET AUTRES c. BELGIQUE (surrogacy)
- DICKSON v. UK (MAR and prison)
- EVANS v. UK (consensus)
- KNECHT v. ROMANIA (biobanks)
- LABASSEE c. FRANCE (surrogacy)
- MENNESSON c. FRANCE (surrogacy)
- P. B. H. v. UK (MAR and prison)
- PARADISO_CAMPANELLI c. ITALIE (surrogacy)
- S.H AND OTHERS v. AUSTRIA (heterologous IVF)
- X.Y AND Z. v. UK (MAR and transgender)
» Mental Health
The main Greek legislative texts in this field are:
- L. ΨΜΒ / 1862 "On establishing mental hospitals."
- Legislative Decree no 104/1973 "On mental health and care of the mentally ill patients. Implementing Legislative Decree, two Ministerial Decisions were issued, Γ2β/3036/1973 and A2β/ 5345/1978.
- Law. 2071/1992 "Modernization and organization of Healthcare System."
- Law. 2716/1999 "Development and modernization of mental healthcare services and other provisions".
- Law. 3418/2005 "Code of Medical Ethics" (particularly article 28).
International legal instruments concerning the mentally ill patients are the European Convention on Human Rights (ECHR) and the two Protocols to the Convention 11 and 14 as well as Oviedo Convention – ratified by Greece by law 2619/1998.
Τhe following Recommendations of the Council of Europe are of particular interest
- Recommendation 779 (1976) of the Parliamentary Assembly of the Council of Europe on the rights of the sick and dying.
- Recommendation 818 (1977) of the Parliamentary Assembly of the Council of Europe on the situation of the mentally ill.
- Recommendation R (83) 2 of the Committee of Ministers to member states concerning the legal protection of persons suffering from mental disorder placed as involuntary patients.
- Recommendation R 1235 (1994) of the Parliamentary Assembly of the Council of Europe on psychiatry and human rights.
Related guidelines:
UN (United Nations)
- Declaration on the Rights of Mentally Retarded Persons (1971)
- Standard Rules on the Equalization of Opportunities for Persons with Disabilities
- World Program of Action Concerning Disabled Persons
- Basic Principles for the Treatment of Prisoners
- Standard Minimum Rules for the Treatment of Prisoners
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991)
WPA (World Psyciatric Association)
The Declaration of Hawaii (1977)
Adopted at the 6th World Congress of Psychiatry (more on www.wpanet.org)
Declaration of Madrid on ethical standards for Psychiatric Practice (1996)
WHO (World Health Organization)
Mental Health Care Law: Ten Basic Principles (1996)
» Biodiversity
The extensive applications of biotechnology in the natural environment management, in particular with the creation of genetically modified organisms (GMOs), cover an increasing part of agricultural production internationally and connect bioethics with ecological concerns.
The main legislative texts in this field are the UN Convention on Biodiversity, which was incorporated into national legislation by law 2204 / 1994, and its Protocol on Biosafety , which has been incorporated to EU and national legislation by Regulation 1946/2003 dealing with the transboundary movement of GMOs.
At an EU level interest are : the directive 2001/18 on the deliberate release of genetically modified organisms, which has been integrated into our national law by the Ministerial Decision 38639/2017 of 2005 ,and the accompanying Regulation 1829/2003 on genetically modified food and feed and Regulation 1830/2003 on traceability and labeling of these products. Also interesting is the Ministerial Decision US / 11648/1943 of 2002, which incorporates into our national law Directive 98/81 on the contained use of genetically modified micro-organisms.
Finally, full of interest is the EU Directive 2004/35 regulating environmental liability with regard to the prevention and remedying of environmental damage which must be incorporated to Member States' legislation by April 30, 2007.
» Laboratory animals
Laboratory animals are protected by the Presidential Decree 56/2013 harmonizing national legislation to the EU Directive 2010/63 and law 2015/2001 ,which incorporates the Convention for the Protection of Vertebrate Animals used for experimental and Other Scientific Purposes, of the Council of Europe.