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Additional Protocol to the Convention on Human Rights and
BiomedJcine on the Prohibition of Cloning Human Beings

(ETS No. 168)

Explanatory Report

I. The Additional Protocol to the Convention on Human Rights and Biomedicine on the Prohibition of Cloning Human Beings was opened to signature by Signatories to the Convention, in Paris, on 12 January 1998.

II. The text of the Explanatory Report does not constitute an instrument providing an authoritative interpretation of the text of the Protocol, although it might be of such nature as to facilitate the understanding of the provisions contained therein.

Commentary

     1. This Protocol builds on certain provisions of the Convention on Human Rights and Biomedicine, in particular the following: Article 1 provides that Parties tot his Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine; Article 13, which provides that an intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic ort her ape utic purposes and only if its aim is not to introduce any modification in the genome of any descendants; Article 18.1, which ensures the protection of the embryo in vitro in the framework of research and Article 18.2 which prohibits the creation of embryos for research purposes.