Traduction de «Droit au respect du corps humain » (Français → Anglais) :

For its part, the Commission has considered two questions identified in the Annual Report of the Commission to the European Parliament and the Council on the development and implications of patent law in the field of biotechnology and genetic engineering provided for by Article 16c of Directive 98/44/EC[11], namely the scope of patents relating to sequences or part-sequences of genes isolated from the human body, and the patentability of human stem cells and cell lines obtained from them.

For its part, the Commission has considered two questions identified in the Annual Report of the Commission to the European Parliament and the Council on the development and implications of patent law in the field of biotechnology and genetic engineering provided for by Article 16(c) of Directive 98/44/EC [6], namely the scope of patents relating to sequences or part-sequences of genes isolated from the human body, and the patentability of human stem cells and cell lines obtained from them.

G. whereas in the Charter of fundamental rights, on the basis of the Convention on the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, the EU has taken fresh steps to lay down Europe-wide ethical guidelines; whereas Article 3 of the Charter states that ‘Everyone has the right to respect for his or her physical and mental integrity’ and that ‘In the fields of medicine and biology, the following must be respected in particular: . the free and informed consent of the pers ...[+++]on concerned, according to the procedures laid down by law, . the prohibition of eugenic practices, in particular those aiming at the selection of persons, . the prohibition on making the human body and its parts a source of financial gain, . [and] the prohibition of the reproductive cloning of human beings’ and whereas these principles represent minimum requirements for EU legislators and do not constitute an exhaustive list of all necessary regulations,

It should be noted from the outset that, contrary to what is sometimes affirmed, the Directive is not intended to jeopardise respect for the integrity of the human body.

The principles of the dignity, integrity and non-ownership of the human body must be adhered to scrupulously, and the Directive reiterates this unambiguously.

6. Calls on the Commission to establish clearly and categorically that Directive 98/44/EC on the legal protection of biotechnological inventions rules out the patenting of human beings and parts of the human body, and manipulation of the genome and the cloning of the human being in all phases of its development, and that only an invention based on an element isolated from the human body or otherwise produced by means of a technical process, which is susceptible of industrial application, is not excluded from patentability, even where the structure of that element is identical to that of a natural element, given that the rights conferred ...[+++]by the patent do not extend to the human body and its elements in their natural environment;