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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 />

5. Central and eastern Europe<br />

Slovenia<br />

Slovenia is occasionally said by representatives of central and eastern European<br />

bio<strong>ethics</strong> to be the state with the oldest national <strong>ethics</strong> body. The <strong>National</strong> Medical<br />

Ethics Committee was established as long ago as in 1977. Unlike the decision of the<br />

French President in 1983 to create a bio<strong>ethics</strong> forum and a legislative advisory body<br />

for ethical issues in the life sciences and healthcare, the Slovenian decision of 1977 was<br />

the state’s response to developments in research involving human subjects and in<br />

pharmaceutical research, and was intended to confer state authority on the ethical examination<br />

of the relevant projects. The Committee was able to follow in the footsteps<br />

of a predecessor in the medical faculty of the University of Ljubljana that had existed<br />

since the mid-1960s. In addition to examining research projects, the Committee began<br />

early on to concern itself with medical <strong>ethics</strong> education for medical students.<br />

The Committee’s tasks and the basis of appointment of its members were redefined<br />

in 1995. It is therefore only in that year that Slovenia’s <strong>National</strong> Medical Ethics<br />

Committee can be said to have become an <strong>ethics</strong> council comparable in its functions<br />

and mode of operation with the French or Danish model. It is an advisory body established<br />

to examine ethical problems in medicine, which can issue Opinions at the<br />

request of Parliament, the Minister of Health, the <strong>National</strong> Health Council and the<br />

Medical Association, various healthcare institutions, and citizens. In addition, the<br />

Committee can draw up Opinions on its own initiative.<br />

The Committee has 13 members. Candidates are proposed by the University, the<br />

<strong>National</strong> Health Council and the Slovenian Medical Association from the spheres of<br />

medicine, psychology, law and social sciences, the humanities and <strong>ethics</strong>, and appointed<br />

by the Minister of Health. At present, the majority of the members are doctors,<br />

the others being a clinical psychologist, a legal expert, an ethicist, a Roman<br />

Catholic priest, a sociologist and a lay person. In addition to their activity as university<br />

professors, three of the members also belong to the Academy of Sciences and<br />

Arts. In the view of the prominent Committee member Jozˇe Trontelj, the composition<br />

is balanced, in terms of disciplines and professional backgrounds as well as of<br />

philosophies of life.<br />

Since the redefinition of its role, the Committee has intervened decisively in the<br />

legislative process, both by drawing up draft laws (on organ transplants, medically assisted<br />

reproduction and gene technology) and by commenting on proposed legislation<br />

drafted by Parliament. The Committee’s chair was for many years also a member of<br />

the Council of Europe’s Steering Committee on Bio<strong>ethics</strong> (CDBI). As a result, the international-law<br />

deliberations of the CDBI have strongly influenced the parliamentary<br />

48<br />

debate and opinion formation in Slovenia. To date, the Committee has prepared<br />

Opinions and reports on the following subjects: euthanasia, medically assisted suicide,<br />

the status of non-medical therapies, the refusal of blood transfusions for children<br />

of Jehovah’s Witnesses, the Convention for the Protection of Human Rights and<br />

Dignity of the Human Being with Regard to the Application of Biology and Medicine,<br />

therapeutic cloning, patients’ rights in terminal illness and palliative care, the<br />

use of placebos in studies of psychiatric drugs, and limitation of the treatment of patients<br />

in a permanent vegetative state.<br />

In addition, the Committee remains the central body responsible for the examination<br />

of research projects involving human subjects. In this field, the <strong>National</strong> Committee’s<br />

consent is required for all state-funded research projects for doctoral theses<br />

and also for clinical studies. The consent of a local <strong>ethics</strong> committee suffices only for<br />

Phase 4 clinical studies.<br />

Address<br />

<strong>National</strong> Medical Ethics Committee<br />

Institute of Clinical Neurophysiology, University Medical Center<br />

Zaloska 7, 1525 Ljubljana, Slovenia<br />

Bibliography<br />

CDBI (2001). Addendum to Developments in the Field of Bio<strong>ethics</strong> in Member States, other States and<br />

International Organisations: Slovenia. Recent Developments in the Field of Bio<strong>ethics</strong> in Slovenia<br />

(CDBI/INF 2001/4). Strasbourg, June 2001: 4.<br />

Trontelj, J. (1996). Statement of Jo_e V. Trontelj. In: <strong>National</strong> Bio<strong>ethics</strong> Advisory Commission (NBAC); <strong>National</strong><br />

Institutes of Health (NIH) (ed.). The International Summit of <strong>National</strong> Bio<strong>ethics</strong> Advisory Bodies […]<br />

San Francisco, California […] Thursday, November 21, 1996 […]: 68 – 72. Available online at:<br />

http://www.georgetown.edu/research/nrcbl/nbac/transcripts/1996/11-21-96.pdf<br />

Trontelj, J. (2000). Ethics Committees in Slovenia. In: Glasa, J.; Council of Europe (ed.). Ethics Committees in<br />

Central & Eastern Europe. Bratislava: 239 – 249.<br />

49

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