Introduction: The Future is NowPromoting Human Rights in the Context of Bioethics

Vol !" No "

ByRobyn S. Shapiro
Robyn S. Shapiro is the Ursula von Der Ruhr Professor of bioethics and director of the Center
for the Study of Bioethics at the Medical College of Wisconsin. She is a partner in the Health
a! Practice "roup of Drin#er Biddle $ Reath P and regional partner in charge at the fir%&s
Mil!au#ee office. She currently serves as the chair of the 'B'&s Section of (ndividual Rights
and Responsibilities.
Since its e%ergence in the )*+,s- the field of bioethics has gro!n in ter%s of si.e- scope- and
i%portance. (n addition to beco%ing a staple in ne!spaper headlines and tal# sho! topics-
bioethics no! has a pro%inent place in acade%ia- at the bedside- and a%ong health policy
%a#ers.
Since its inception- bioethics and la! have been inti%ately connected. /or e0a%ple- the
establish%ent of regulations governing hu%an sub1ects research in the United States- as !ell as
1udicial recognition of patients& rights to refuse un!anted %edical treat%ent- are land%ar# events
in the develop%ent of the bioethics field in this country.
Within the la!2bioethics relationship- over the past decade- an increased focus on global hu%an
rights in bioethics has flourished. (n )**+- the Council of 3urope adopted the Convention on
Hu%an Rights and Bio%edicine- !hich covers %atters such as e4uitable access to health care-
consent- private infor%ation- the hu%an geno%e- scientific research- and transplantation. 5his
convention see#s to establish a direct relationship bet!een bioethics and hu%an rights-
e%phasi.ing respect for hu%an dignity in scientific research- and also in the prohibition of the
co%%erciali.ation of hu%an genes and hu%an reproductive cloning. 5he great si%ilarity
bet!een portions of this 3uropean Convention and the U.S. Bel%ont Report- !hich sets forth
4uintessential re4uire%ents for the ethical conduct of research in this country- illustrates the
i%portance of transnational hu%an rights in guiding the evolution of conte%porary nor%s for
global bioethics. 5he recent !or# of the United 6ations 3ducational- Scientific- and Cultural
7rgani.ation 8U63SC79 also underscores the i%portance of global hu%an rights in the
develop%ent of bioethical guidance. (n :,,;- U63SC7 adopted an international declaration of
universal nor%s for bioethics as a possible %odel for a future %ultinational treaty. 5his
Declaration on Bioethics and Hu%an Rights see#s to pro%ote e4uitable access to %edical-
scientific- and technological develop%ents consistent !ith safeguarding respect for hu%an
dignity and protecting hu%an rights and funda%ental freedo%s.
Most recently- in the conte0t of gro!ing global health disparities- terroris%- and pande%ics- the
i%portance of hu%an rights issues in bioethics has beco%e particularly acute. We struggle to
address 4uestions such as<
= Do the hu%an rights of the very poor re4uire the affluent to help alleviate the global health
crisis> (f so- ho! should such assistance be provided so as to create a socially enduring solution>
= With respect to public health ethics- ho! do !e appropriately balance hu%an rights duties
o!ed to individuals as such against the duties o!ed to individuals as %e%bers of the population>
/or e0a%ple- in deciding ho! to distribute vaccines in the face of a flu pande%ic- should the
rationing sche%e be based on the priority of individual clai%s 8e.g.- the %ost vulnerable people-
or the people %ost li#ely to survive9 or on the overarching ob1ective of %ini%i.ing trans%ission
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throughout the population 8!hich !ould instead give priority to the people %ost li#ely to
trans%it the virus9>
5hese 4uestions illustrate the i%portant intersections bet!een bioethics and international hu%an
rights- and stress the need for bioethics to e%brace these intersections so as to address
conte%porary global challenges %ost effectively.
5he 'B' Section of (ndividual Rights and Responsibilities has a long and proud history of
pro%oting hu%an rights in the conte0t of bioethics issues. /or e0a%ple- the '(DS Coordinating
"roup- launched by the Section- has supported progra%s that recogni.e the inseparable
connection bet!een health- hu%an rights- and ethics in addressing the H(?@'(DS epide%ic. (n
addition- the Section has pro%oted hu%an rights issues through its 'B' policy initiatives-
including a recent 'B' resolution sponsored by the Section that supports freedo% of scientific
in4uiry to pro%ote hu%an health. 5he Section&s national security and death penalty groups have
e%braced hu%an rights and bioethics concepts in their efforts to help define the roles and
obligations of health care professionals in e0ecutions and in prisons. 5his special bioethics issue
of Hu%an Rights %aga.ine- !hich ( have had the pleasure of coediting !ith %y talented
colleague- Steve Wer%iel- !ith invaluable assistance fro% 'ngela "!i.dala- is yet another
contribution of the Section to pro%oting the lin# bet!een bioethics and hu%an rights.

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