Magyar közlöny, 2002. március (29-42. szám)
2002-03-01 / 29. szám
1800 Article 9 Previously expressed wishes The previously expressed wishes relating'to a medical intervention by a patient who is not, at the time of the intervention, in a state to express his or her wishes shall be taken into account. Chapter III PRIVATE LIFE AND RIGHT TO INFORMATION Article 10 Private life and right to information 1. Everyone has the right to respect for private life in relation to information about his or her health. 2. Everyone is entitled to know any information collected about his or her health. However, the wishes of individuals not to be so informed shall be observed. 3. In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraph 2 in the interests of the patient. Chapter IV HUMAN GENOME Article 11 Non-discrimination Any form of discrimination against a person on grounds of his or her genetic heritage is prohibited. Article 12 Predictive genetic tests Tests which are predictive of genetic diseases or which serve either to identify the subject as a carrier of a gene responsible for a disease or to detect a genetic predisposition or susceptibility to a disease may be performed only for health purposes or for scientific research linked to health purposes, and subject to appropriate genetic counselling. Article 13 Interventions on the human genome An intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or therapeutic purposes and only if its aim is not to introduce any modification in the genome of any descendants. Article 14 Non-selection of sex The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, except where serious hereditary sex-related disease is to be avoided. Chapter V SCIENTIFIC RESEARCH Article 15 General rule Scientific research in the field of biology and medicine shall be carried out freely, subject to the provisions of this Convention and the other legal provisions ensuring the protection of the human being. Article 16 Protection of persons undergoing research Research on a person may only be undertaken if all the following conditions are met: (i) there is no alternative of comparable effectiveness to research on humans, (ii) the risks which may be incurred by that person are not disproportionate to the potential benefits of the research, (iii) the research project has been approved by the competent body after independent examination of its scientific merit, including assessment of the importance of the aim of the research, and multidisciplinary review of its ethical acceptability, (iv) the persons undergoing research have been informed of their rights and the safeguards prescribed by law for their protection, (v) the necessary consent as provided for under Article 5 has been given expressly, specifically and is documented. Such consent may be freejy withdrawn at any time. MAGYAR KÖZLÖNY 2002/29. szám