5
bodies currently operating in the area under analysis, which are required to act in an
increasingly more relevant and decisive manner. Such is the case with ethics and
bioethics committees and commissions, largely resorted to and relied on in national
and international instruments and incorporated into health and research centers.
22.
In all such cases, the actions of such expert bodies – whose decisions and
opinions influence the operation of the institutions to which they belong and the
conduct of public authorities to various degrees – are subject to national and
international, general and specific, ethical and legal regulations, in addition to
scientific and technical standards, that they ought to adequately know and apply. It
is critical to take into consideration that their decisions, suggestions and instructions
will have remarkable bearing on the definition and exercise of the rights and the
understanding and fulfillment of the obligations of those who, in different capacities,
play a role in the daily relationship between the providers and recipients of services
in which human life and integrity are at stake.
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
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