Science, biomedical technology and biolaw

Starting from legislative recognition of the grounding principles of human rights, the authors describe and comment upon the Council of Europe's Convention on human rights and human dignity confronted with scientific discoveries and also upon the Oviedo Convention of 1997 for the protection of Human Rights and dignity of the human being with regard to the application of biology and medicine. The authors specify that, given the promise made by Romania to observe international obligations, the Romanian law no. 2/1998 on organ and tissue transplantation abrogates the stipulations of the law 3-1978 and also includes 9 appendices which, being part of the law, guarantee in addition the observance of its provisions. All these regulations on the relationship between science and human rights have determined an evolution from the fatality of natural risks to current compensations, as an expression of human solidarity. They have determined the transition from social and vocational paternalism to personal autonomy and personal guarantees of independence and freedom. All these developments are faithfully reflected by comparative legislation on the use of life science outcomes on persons as they presently are. This is also reflected in Romanian legislation concerning tissue and organ transplantation and in mental health legislation.