5
e)
Human rights and bioethics
23.
In connection with the issues addressed in this Opinion, I would like to
mention that, in developing the Inter-American corpus juris on human rights –
which still suffers a great deficit as far as the states signing and ratifying the
American Convention, the protocols thereto and the specific agreements on human
rights are concerned –, it is necessary to taken into consideration certain issues
that are extremely important and highly current (or long recognized), on which
there are still no regional declarations, much less binding treaties. These include
the links between bioethics and human rights, which have been the subject of
copious work all over the world, particularly in the context of UNESCO and the
medical profession. At the European regional level, the Convention for the
Protection of Human Rights and Dignity of the Human Being, signed in Oviedo (April
4, 1997) also bears noting. Such convention certainly provides broad authority to
seek advisory opinions of the European Court of Human Rights.
24.
It is my view that the initiatives to move ahead in the examination and
issuing of a declaration and, in due time, a treaty examining and providing
orientation on this subject – one that is plagued with questions and grey areas – in
the Americas – or, at least, in Latin America – are feasible. The existence of a
regional instrument associated to the general and special international instruments
makes sense insofar as emphasis may be placed on problems that present specific
features in the various countries in the area, considering the existing conditions of
poverty, lack of information, insufficient technology, vulnerable groups, health
services coverage, and so on.
G)
Statute of limitations on the criminal action
25.
There is a topic of the judgment that bears noting. Such is the statute of
limitations on the prosecution of a defendant for a certain action that entails
criminal medical liability (strictly speaking, the statute of limitations on the criminal
action). In analyzing this issue, regard must be had to the implications of the
statute of limitations as far as the defendant’s defenses go and, accordingly, for the
defendant’s substantive and/or procedural rights, and the reflections that the
Supreme Court of Argentina has revealingly and constructively expressed in its
decisions.
26.
The coordination of the continental system of human rights, in the defense
of human rights, should be the result of a protective trend of dialogue combining
the contributions of the international and national jurisdictions. The construction of
a corpus juris and its applications are the product of collective thought, which, in
turn, is the expression of convictions, values, principles, and shared work. They all
converge to define and consolidate the definitions of common human rights culture.
Hence, an international tribunal will more than welcome the reflections of a
domestic court.
27.
The international Law on human rights has brought about a new approach to
certain rights that are some times associated with the great dogmas of the liberal
movement that introduced precious reforms into the older criminal regulations,
particularly from the 18th century onwards. I am not about to argue that the statute
of limitations (a guarantee releasing the perpetrator of crime from the imposition of
criminal liability) is necessarily one of those “new revised rights.” The statute of