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Michael Fuchs National ethics councils - Deutscher Ethikrat

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<strong>Michael</strong> <strong>Fuchs</strong> <strong>National</strong> <strong>ethics</strong> <strong>councils</strong>. Their backgrounds, functions and modes of operation compared<br />

institutions has manifestly resulted in discontinuity, even if this does not emerge<br />

from the official documents. Observers report that the beginning of Silvio Berlusconi’s<br />

first term in government represented a caesura in the Bio<strong>ethics</strong> Committee as<br />

elsewhere in Italy (Lenoir, 20).<br />

Since its foundation, the <strong>National</strong> Committee has on a number of occasions considered<br />

the situation of the local <strong>ethics</strong> commissions. It has also discussed the Convention<br />

presented by the Council of Europe and its additional protocols. Its recent<br />

deliberations on embryo research and therapeutic cloning compete with those of<br />

other bodies. The fundamental consensus that early human life deserves particular<br />

protection, which unites the Committee notwithstanding major differences, led to<br />

the adoption of cautious recommendations in relation to health policy, which met<br />

with criticism in the Ministry of Health. For this reason, in September 2000, the Ministry<br />

appointed the Commissione Cellule Staminali, chaired by the Nobel Laureate<br />

Renato Dulbecco, to examine some important aspects of this issue. The question of<br />

the status of the embryo was subordinated to scientific expectations and therapeutic<br />

hopes. The 25-member commission, made up of scientists and ethicists, took a much<br />

more positive view, and adopted a much more liberal attitude, than the <strong>National</strong><br />

Bio<strong>ethics</strong> Committee. The Committee has recently considered the subject of nicotine<br />

addiction. It calls for the abandonment of tobacco cultivation in favour of other agricultural<br />

products.<br />

Website<br />

CNB: http://www.governo.it/bioetica<br />

Bibliography<br />

Lenoir, N. (1997). <strong>National</strong>e Ethikkommissionen in Europa – Möglichkeiten und Grenzen. In: Friedrich-Ebert-<br />

Stiftung (ed.). Braucht Deutschland eine Bundes-Ethik-Kommission? – Dokumentation des Expertengesprächs<br />

Gentechnik am 11. März in Bonn. Bonn: 5 – 27.<br />

Maio, G. (2001). Die ethische Diskussion um embryonale Stammzellen aus internationaler Sicht – das Beispiel<br />

Italien. Zeitschrift für medizinische Ethik 47/3: 299 – 309.<br />

Wray, E. (2000). Ethics Committees in Italy – A Time for Change? Bulletin of Medical Ethics & EACME<br />

News 160: 13 – 16.<br />

36<br />

Portugal<br />

The Conselho Nacional de Etica para as Ciências da Vida (CNECV) was established<br />

by a law of 9 June 1990. Although an independent body, it is linked to the office of<br />

the President of the Council of Ministers. Its function is systematic analysis of the<br />

moral problems posed by scientific progress in the field of biology, medicine and<br />

general healthcare. It is required to furnish an annual report to the President of the<br />

Council of Ministers on the status of new technologies and their application to human<br />

subjects, as well as the associated ethical and social problems, and to draw up<br />

recommendations on these problems.<br />

The Council’s President is appointed by the President of Council of Ministers. Article<br />

3 of the Law provides that the Council shall have another 20 members, of whom<br />

seven must be distinguished in the humanities and social sciences and have shown<br />

particular interest in ethical problems, while seven others must be experienced in<br />

medicine or biology, including the ethical implications of these disciplines. Finally,<br />

six members representing the principal faiths and ethical philosophies are appointed<br />

by the <strong>National</strong> Assembly. Of the seven representatives of the humanities, four are appointed<br />

by Ministers (of Planning, Justice, Education and Youth) and the others by<br />

the Conference of University Rectors, the Law Society and the Council for Women’s<br />

Issues. Responsibility for appointing the medical experts and biologists rests with the<br />

Minister of Health, the Conference of University Rectors, the Academy of Sciences,<br />

the Medical Association, the <strong>National</strong> Institute of Scientific Research, the <strong>National</strong><br />

Commission on Scientific and Technological Research and the Higher Council on<br />

Forensic Medicine. As in France, the Council appoints a ten-member coordinating<br />

committee from among its members and may establish working parties.<br />

The right of referral is not confined to the institutions of state but extends far beyond<br />

them. Article 11 of the founding law already provides for regular conferences to<br />

ensure ongoing dialogue with the public. Even so, the Council itself admits to difficulties<br />

precisely in communication with the media, at least in the initial phase. The<br />

Council is dependent for administrative and financial resources on the Office of the<br />

President of the Council of Ministers, to which it is institutionally subordinated and<br />

whose premises it shares. The Law provides for the establishment of a documentation<br />

centre to support the Council in its work. However, the centre is appreciably<br />

smaller than its counterpart in Paris at INSERM.<br />

Over the last 13 years, the Council has compiled reports and adopted positions on<br />

almost all issues of biomedical <strong>ethics</strong>. It meets once a month in plenary session, and<br />

a number of working parties also hold meetings. The Council is in addition free to<br />

comment on issues that are already regulated by law. For this reason, it also considers<br />

itself responsible for monitoring ethical standards (<strong>National</strong> Council, 8). Despite<br />

the relatively small scale of biomedical research in Portugal, the CNECV has issued a<br />

37

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