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This article, arising from a comparative European Commission project, analyses different national perspectives on bioethics issues. | |
Is the Confucian tradition compatible with the Western understanding of human rights? Are there fundamental human values, regardless of cultural differences, common to all peoples of all nations? At this critical point in Communist China's history, eighteen distinguished scholars address the role of Confucianism in dealing with questions of universal human rights. | |
The Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine is now one of the most important bioethics texts from the point of view of international policy and law. It is the result of five years of discussions and negotiations between the different instances of the Council of Europe. In this article I analyze several problems. First, there are problems of articulation between the Convention and the joint (...) Explanatory Report. The oriented exegesis of the Explanatory Report raises suspicion about the Convention, which appears as a smooth façade for an instrument actually serving ideological positions many people do not share. Second, there are problems of formulation within the Convention. These are mainly problems with articles that state prohibitions without any distinction, relativization, contextualization or sense of evolution. Finally, there are problems of substance, leading to the conclusion that the Convention is not a good illustration of the human rights philosophical tradition in the name of which it has been proclaimed. This tradition is the one of Enlightenment. And when Kant summarizes the motto of Enlightenment, the injunction is "Sapere Aude!": "Dare to know!" It is difficult to hear such a message through the Convention, and the Explanatory Report includes too many passages and sentences that mean the opposite. (shrink) | |
Is the Confucian tradition compatible with the Western understanding of human rights? Are there fundamental human values, regardless of cultural differences, common to all peoples of all nations? At this critical point in Communist China's history, eighteen distinguished scholars address the role of Confucianism in dealing with questions of universal human rights. | |
There are quite a number of rocky roads on which the old continent has embarked. There is, first, a harmonization of cultures and attitudes in the creation of a common European market of values and valuables, a harmonization undertaken in order to survive in an increasingly competitive global market. Second, there is a reactivation of specific European traditions in discourse, peaceable hermeneutics, solidarity, subsidiarity, tolerance in both conflict reduction and solution, and respect for self-determination and self-responsibility. Third, there is an (...) integration of theory and practice, of visions and reality, of national identity or pride and common European rights, and of obligations and cultural heritages. Last but not least, there is a question about the definition of European in a world which, at least in part, has been developed by successful European missionary work in the distribution of Age-of-Reason principles such as personal autonomy and social and ideational tolerance, the promotion of science-based technologies, and the creation of global markets for goods and services. (shrink) | |
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