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Original text
(State on 21 January 2016)
The member states of the Council of Europe, the other States and the Community O Olls, signatories to this Additional Protocol to the Convention for the C The human rights and dignity of the human being in respect of the applic A Biology and Medicine, and
Taking note of the scientific developments in the cloning of mammals, in particular by the embryonic division and by the transfer of the nucleus,
Aware of the progress that certain cloning techniques can, in themselves, bring to scientific knowledge and to its medical applications,
Whereas the cloning of human beings could become a technical possibility,
Noting that the embryonic division can occur naturally and sometimes give rise to genetically identical twins,
Whereas, however, the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and constitutes an improper use of biology and medicine,
Considering also the major medical, psychological and social difficulties that such a biomedical practice, deliberately employed, could involve for all concerned,
Having regard to the purpose of the Convention on Human Rights and Biomedicine 2 , in particular the principle set out in Art. 1 to protect the human being in dignity and identity,
Agreed to the following:
(1) Any intervention intended to create a human being genetically identical to another living or dead human being shall be prohibited.
(2) For the purposes of this Article, the expression "genetically identical" to another human being means a human being that has in common with another all the nuclear genes.
No derogation shall be permitted to the provisions of this Protocol under Art. 26, para. 1 of the Convention.
The Parties shall consider Art. 1 and 2 of this Protocol as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.
This Protocol shall be open for signature by Signatories to the Convention. It shall be subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol without having previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
(1) This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to Be bound by the Protocol in accordance with the provisions of Art. 4.
(2) For any Signatory who subsequently expresses its consent to be bound by the Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of Ratification, acceptance or approval.
(1) After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to this Protocol.
(2) Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.
(1) Any Party may, at any time, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
(2) The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.
Done at Paris, on January 12, 1998, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe, to non-member States which have participated in the elaboration of this Protocol, to any State invited to accede to the Convention and the European Community.
(Suivent signatures)
| States Parties |
Ratification |
Entry into force |
||
| Bosnia and Herzegovina |
4 June |
2015 |
1 Er October |
2015 |
| Bulgaria |
30 October |
2006 |
1 Er February |
2007 |
| Cyprus |
20 March |
2002 |
1 Er July |
2002 |
| Croatia |
28 November |
2003 |
1 Er March |
2004 |
| Spain |
24 January |
2000 |
1 Er March |
2001 |
| Estonia |
February 8 |
2002 |
1 Er June |
2002 |
| Finland |
30 November |
2009 |
1 Er March |
2010 |
| Georgia |
22 November |
2000 |
1 Er March |
2001 |
| Greece |
22 December |
1998 |
1 Er March |
2001 |
| Hungary |
9 January |
2002 |
1 Er May |
2002 |
| Iceland |
12 October |
2004 |
1 Er February |
2005 |
| Latvia |
25 February |
2010 |
1 Er June |
2010 |
| Lithuania |
17 October |
2002 |
1 Er February |
2003 |
| Macedonia |
3 September |
2009 |
1 Er January |
2010 |
| Montenegro |
8 December |
2010 |
1 Er April |
2011 |
| Moldova |
26 November |
2002 |
1 Er March |
2003 |
| Norway |
26 May |
2015 |
1 Er September |
2015 |
| Portugal |
13 August |
2001 |
1 Er December |
2001 |
| Czech Republic |
22 June |
2001 |
1 Er October |
2001 |
| Romania |
24 April |
2001 |
1 Er August |
2001 |
| Slovakia |
22 October |
1998 |
1 Er March |
2001 |
| Slovenia |
5 November |
1998 |
1 Er March |
2001 |
| Switzerland |
24 July |
2008 |
1 Er November |
2008 |
1 RO 2009 81
2 RS 0.810.2
3 RO 2009 83 , 2012 3225, 2016 461. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
