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EU Charter of Fundamental Rights and Scientific Research

  • 15-09-2009 8:54am
    #1
    Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭


    Under Lisbon the EU Charter of Fundamental Rights becomes law.

    This provides for the conducting of scientific research without constraint.

    Article 13


    Freedom of the arts and sciences

    The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

    The only protections provided are to humans and are limited in Article 3 to

    Article 3

    Right to the integrity of the person


    1. Everyone has the right to respect for his or her physical and mental integrity.


    2. In the fields of medicine and biology, the following must be respected in particular:

    -- the free and informed consent of the person concerned, according to the procedures laid down by law,


    -- the prohibition of eugenic practices, in particular those aiming at the selection of persons,

    -- the prohibition on making the human body and its parts as such a source of financial gain,


    -- the prohibition of the reproductive cloning of human beings.


    Our guarantees not withstanding what protections are there to limit vivisection, embryo research or other forms of research that could be considered unethical in the other countries of europe.

    In other words do you consider the right of scientists to operate constraint free to be a good thing?


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    I am very much in favour of freedom of thought and expression in the Sciences. Is there some reason why this would be undesirable?
    Article 13 Freedom of the arts and sciences

    The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

    Explanation
    This right is deduced primarily from the right to freedom of thought and expression. It is to be exercised having regard to Article 1 and may be subject to the limitations authorised by Article 10 of the ECHR.

    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:303:0017:0035:EN:PDF


  • Closed Accounts Posts: 9,376 ✭✭✭ei.sdraob


    Our guarantees not withstanding what protections are there to limit vivisection, embryo research in the other countries of europe.

    In other words do you consider the right of scientists to operate constraint free to be a good thing?

    1. let me highlight other countries of europe - for the same reasons other countries cant tell Ireland what to do, we cant tell them what to do

    2. when you are lying on your deathbed and the disease you have could have been prevented by stem cell research, i sure hope you remember this thread

    3. limiting science is what extreme religious fundamentalists (hello Coir) would love to do in order to drag us into their Taliban like feudal system


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    Marco_polo

    Freedom of expression is one thing. What this is referring to is the actual physical act of conducting research. While Dr. Mengele is dead and Dr. Frankenstein is a work of fiction the question here is should scientific research be allow, and supported in law, to be conducted without regard to ethics.
    If freedom of expression was an argument then there would be no limits to anything.

    ei.sdraob with all due respect:

    1. EU directives frequently do tell Ireland what to do.

    2. there are variations on stem cell research and not all are embryo or human embryo sourced. (note - original post edited for clarity). I do know my own mind on these issues so there will be no need for me to recall this thread.

    3. Limiting the work of scientists is an ethical consideration and has nothing to do with religious fundamentalism - doctors are scientists and must work within ethical considerations. cf. medical jurisprudence.

    The point I am attempting to make is in regards to allowing all forms of scientific research - nuclear, medical, physical, chemical, biological to be performed without constraint.

    Many would consider the Taser device to be an unethical weapon as an example. There are differing attitudes to nuclear devices however many would consider most military research in the weaponry and anti personnel areas to be unethical. Leaving aside issues that would appear to be pertinent to Ireland alone (human embryos are not mentioned or implied in my original or edited post).

    So, without reducing this to a Coir issue can we discuss the relative merits of restraint free scientific research?

    Is the freedom to conduct scientific research with no limitations, bar those contained with the CHR which appear to be minimal, a scientific right?


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    The EU cannot ban certain types of research, but the member states can?

    Big deal.


  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    How did I know that Frankenstein was coming?

    It is not unrestricted as I have pointed out previously, but which seems to have been ignored. Any individual rights are always subject to some limitations and balanced against the "common good" of society so to speak. This is no different.
    Explanation on Article 13 — Freedom of the arts and sciences
    This right is deduced primarily from the right to freedom of thought and expression. It is to be exercised having regard to Article 1 and may be subject to the limitations authorised by Article 10 of the ECHR.

    Article 10 provides the right to freedom of expression, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas.

    http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights#Article_10_-_expression


    Tasers are a product of engineering by the way.


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  • Closed Accounts Posts: 9,376 ✭✭✭ei.sdraob


    Anyone else find it highly ironic

    that the OP is using a computer connected via internet to boards.ie servers in order to post an anti Science/Technology thread

    :D

    rofl

    1. EU directives frequently do tell Ireland what to do.

    they tell ALL members what to do and are agreed by ALL members with the approval of ALL ministers of each country (and yes that includes Irelands representatives)

    do I really need to explain again how the EU works?

    2. there are variations on stem cell research and not all are embryo or human embryo sourced. (note - original post edited for clarity). I do know my own mind on these issues so there will be no need for me to recall this thread.
    .
    Once again you dont know the outcome of research until (well duh) you researched it

    It would be highly fitting so see certain medical research banned and then the people opposing this research contracting a disease that may have been curable

    who are you to deprive people of hope and technology that can save / prolong their lives :mad:




    3. Limiting the work of scientists is an ethical consideration and has nothing to do with religious fundamentalism - doctors are scientists and must work within ethical considerations. cf. medical jurisprudence.
    .

    Scientists, Engineers and Doctors are already limited by their professional ethical codes of conducts

    Its not EUs place to interfere in these long established ethical policies

    I myself hold a BSc and MEng degrees and ethics is something we hear alot about and have to keep at the very top of the list when performing any research or constructing new technologies

    For example i was involved recently in RFID research, the problems of privacy were at the very top of the list all the times

    Once again its not EUs job to interfere, professional organisations have long established codes of conducts and ethical polices


    The point I am attempting to make is in regards to allowing all forms of scientific research - nuclear, medical, physical, chemical, biological to be performed without constraint.

    As i said there are already constraints, obviously since you are not a doctor/scientist/engineer you are not aware of them, but they are there

    And by the way yes research into all of the above has led to you being able to sit now in front of a computer and post your opinions, instead of spending time digging for spuds in order to be able to put some food on table


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    marco_polo wrote: »
    How did I know that Frankenstein was coming?

    you're psychic? or you were looking for the cheapest shot


    [/QUOTE]

    marco_polo wrote: »

    Tasers are a product of engineering by the way.

    and engineering has nothing to do with science?

    last time I was involved engineering was an extension of science, or more correctly applied science. Without science there would be no engineering.

    Scientific research gave us nuclear and atomic weapons

    Engineering gave us the production and delivery

    engineering is not science is not an argument or and answer to this question


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    ei.sdraob wrote: »
    Anyone else find it highly ironic

    that the OP is using a computer connected via internet to boards.ie servers in order to post an anti Science/Technology thread

    :D

    rofl

    this is not an "anti science/technology" thread. It is a question on ethics or the lack of.

    I have no problem with science or technology. I do have a question regarding giving researchers in science licence to operate without restriction.


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    this is not an "anti science/technology" thread. It is a question on ethics or the lack of.

    I have no problem with science or technology. I do have a question regarding giving researchers in science licence to operate without restriction.

    Good thing then that's not what you're talking about. At the very worst reading it says the EU can't restrict scientific research, which is good as it's not it's place to do so. The member states individually still can place any restrictions they want on scientific research, of course, which is good, because it's very much a social/ethical policy which should be decided at member state level.


  • Closed Accounts Posts: 9,376 ✭✭✭ei.sdraob


    Scientific research gave us nuclear and atomic weapons

    Engineering gave us the production and delivery

    engineering is not science is not an argument or and answer to this question


    you logic is very flawed (may I ask, are you a Coir fundamentalist?)


    but then again you are not a scientist or engineer, so let me explain



    there is no problem with Science/Engineering

    the problem is how Science/Engineering

    is used in:

    * Politics
    * Economics
    * Commerce



    for example a simple metal tube

    has well known scientific properties such as melting point, durability etc

    engineering can incorporate this tube into a cannon that can kill people


    is it the fault of science/engineering that a cannon is used to kill people?


    the same tube can be shapped to drill a well or store liquids, in order to provide water in a village


    is it the fault of science/engineering that a cylinder can be used to keep people alive?



    sigh :(


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  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    this is not an "anti science/technology" thread. It is a question on ethics or the lack of.

    I have no problem with science or technology. I do have a question regarding giving researchers in science licence to operate without restriction.

    And as I have pointed out twice it is not without restriction, and is subject to limitation as laid down within Article 10 of the ECHR.

    Quite seperate to this it is also subject to limitation by the national laws of each member state (the COFR is applicable only to within the domain of EU law). Lisbon or the COFR changes nothing in this regard.


  • Closed Accounts Posts: 9,376 ✭✭✭ei.sdraob


    this is not an "anti science/technology" thread. It is a question on ethics or the lack of.

    I have no problem with science or technology. I do have a question regarding giving researchers in science licence to operate without restriction.

    Science doesn't have a license to operate without restriction

    as i told you for the Nth time, various professional bodies have long standing ethical codes (ever hear of the Hippocratic Oath?)

    that has nothing to do with EU



    you are displaying complete lack of understanding of how science and technology operate and what ethical policies are in place across many disciplines


    Your attempt at raising the backward issues that religious fundamentalist nutcases such as Coir have with Science and research will not stick here


    so give up now and save face


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    ei.sdraob wrote: »
    Science doesn't have a license to operate without restriction

    as i told you for the Nth time, various professional bodies have long standing ethical codes (ever hear of the Hippocratic Oath?)

    that has nothing to do with EU



    you are displaying complete lack of understanding of how science and technology operate and what ethical policies are in place across many disciplines


    Your attempt at raising the backward issues that religious fundamentalist nutcases such as Coir have with Science and research will not stick here


    so give up now and save face

    The Hippocratic Oath contains references to many things that doctors now perform that they previously did not. As an example from the modern version:

    "I WILL FOLLOW that method of treatment which according to my ability and judgment, I consider for the benefit of my patient and abstain from whatever is harmful or mischievous. I will neither prescribe nor administer a lethal dose of medicine to any patient even if asked nor counsel any such thing nor perform the utmost respect for every human life from fertilization to natural death and reject abortion that deliberately takes a unique human life."

    I think you will find that there are certain countries where abortion and assisted suicide are acceptable practice. This is not under discussion.

    Please do not lump me with those involved in Coir or other organisations.


  • Closed Accounts Posts: 9,376 ✭✭✭ei.sdraob


    The Hippocratic Oath contains references to many things that doctors now perform that they previously did not. As an example from the modern version:

    "I WILL FOLLOW that method of treatment which according to my ability and judgment, I consider for the benefit of my patient and abstain from whatever is harmful or mischievous. I will neither prescribe nor administer a lethal dose of medicine to any patient even if asked nor counsel any such thing nor perform the utmost respect for every human life from fertilization to natural death and reject abortion that deliberately takes a unique human life."

    I think you will find that there are certain countries where abortion and assisted suicide are acceptable practice. This is not under discussion.

    Please do not lump me with those involved in Coir or other organisations.

    I linked to the Oath its an example of a very old Ethical document (2400 years) in medicine, there are many modern versions in multiple fields of science/engineering and research


    like you said there are certain countries where certain practices are allowed, same with certain scientific research


    it is not the place of these countries to tell us what to do, and neither it is our place to force our ways on others


    for example the often "controversial" stem cell research
    . In the European Union, stem cell research using the human embryo is permitted in Sweden, Finland, Belgium, Greece, Britain, Denmark and the Netherlands; however it is illegal in Germany, Austria, Ireland, Italy, and Portugal.


    you first post in this very thread is based on a false premise
    In other words do you consider the right of scientists to operate constraint free to be a good thing?

    hence your whole logical argument derived from this is a failure


    repeat after me,

    it is not the job of the EU or EU Treaties to "constrain" scientific research, the only constraints are with respect to Human rights charter, it is down to individual countries like it is now to decide what and what its not "ethical"

    your whole thread is an attempt to spread fud imho, sorry to appear harsh but i will say it as it is, theres no need to tip toe, lets call a spade a spade

    /


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    ei.sdraob wrote: »
    you logic is very flawed (may I ask, are you a Coir fundamentalist?)


    but then again you are not a scientist or engineer, so let me explain



    there is no problem with Science/Engineering

    the problem is how Science/Engineering

    is used in:

    * Politics
    * Economics
    * Commerce



    for example a simple metal tube

    has well known scientific properties such as melting point, durability etc

    engineering can incorporate this tube into a cannon that can kill people


    is it the fault of science/engineering that a cannon is used to kill people?


    the same tube can be shapped to drill a well or store liquids, in order to provide water in a village


    is it the fault of science/engineering that a cylinder can be used to keep people alive?



    sigh :(


    I am a scientist actually and find your rebuttals rather simplistic. Tell me how far did your scientific train go - group cert? :D

    Before going any further I am not currently working in Japan and using whales, or rather the remains they bring in under the guise of "scientific research".

    My area of expertise is ballistics and one of the areas we have been discussing is the use of captivity bred primates in the development and assessment of frangible rounds for use in terrorist situations where there is a risk of collateral damage to non-terrorists and alternative methods of incapacitation.
    The issue here is we cannot replicate the effects of certain drugs and hormones on an individuals ability to continue to be dangerous despite receiving what to a normal human would be an incapacitating wound, shot placement not withstanding. The current model using anaesthetised cats and rhesus monkeys is insufficient particularly since the advent of the suicide bomber and the development of more complex trigger mechanisms.

    It is just a discussion at the moment and as there is the possibility of receiving funding from a military research fund there are concerns as to whether or not we can develop this where we are or will we need to move to an alternate research location. It is entirely possible that we may scrap this line of research for something else or let someone else pursue it. My personal feelings on this issue are separate issue as the threat from terrorists is such that this research is for the greater good.

    The issue here is while I have concerns regarding the political issues surrounding this treaty and how it will change the nature of the EU, I am also concerned that the legal position of scientific research may lead to research of a more distaseful nature in the future.

    So my question remains - is it right not to impose limits on scientific research or should a line be drawn somewhere?
    Currently there is, or rather will be, no line.

    If we are allowed to operate constraint free where does it stop. This is not a FUD issue - it is a legitimate question.

    In Ireland there are no limits speficied in the Constitution and the law prevails.

    In the EU with the CFR becoming legal it is entirely possible that if anyone does find some scientific research to be unethical a legal challenge may set the line in an inaccesible place. Is this a good thing for scientists or the european community as a whole?

    Please remember this Treaty is not just about Ireland it is about everyone in Europe. Once ratified we will all be legally citizens of Europe as well as Ireland.


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    In your opinion should the EU have the right to restrict areas of scientific research within member states?

    That's what this boils down to, without all the speeches, analogies and CV's on both sides of the argument.


  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    In the EU with the CFR becoming legal it is entirely possible that if anyone does find some scientific research to be unethical a legal challenge may set the line in an inaccesible place. Is this a good thing for scientists or the european community as a whole?

    So now your are angling for a reason that is the complete opposite to the one for which you started the thread?

    Are there many balistics companies on Da Northside BTW?


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    marco_polo wrote: »
    Are there many balistics companies on Da Northside BTW?

    That's probably out of order marco...


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    Good thing then that's not what you're talking about. At the very worst reading it says the EU can't restrict scientific research, which is good as it's not it's place to do so. The member states individually still can place any restrictions they want on scientific research, of course, which is good, because it's very much a social/ethical policy which should be decided at member state level.

    True but unfortunatley having it written in to the CHR means that it is no longer, or may no longer be, a member state issue.

    This is the issue - not the nature of the research but should it be supported at such a high level and with no constraint.


  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    That's probably out of order marco...


    I am not aware of any ammunitions companies operating in Ireland, if I am mistaken then I will withdraw said remark.


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  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    True but unfortunatley having it written in to the CHR means that it is no longer, or may no longer be, a member state issue.

    Incorrect - CFR only applies to EU legislation and Member State legislation implementing EU legislation. Member states are free to restrict what they like using national legislation.

    Nothing to see here, move along now folks...


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    marco_polo wrote: »
    So now your are angling for a reason that is the complete opposite to the one for which you started the thread?

    angling or not I believe my original question was open.


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    marco_polo wrote: »
    I am not aware of any ammunitions companies operating in Ireland, if I am mistaken then I will withdraw said remark.

    For obvious reasons I can neither confirm nor deny nor can I state my current location.


  • Registered Users, Registered Users 2 Posts: 23,283 ✭✭✭✭Scofflaw


    True but unfortunatley having it written in to the CHR means that it is no longer, or may no longer be, a member state issue.

    This is the issue - not the nature of the research but should it be supported at such a high level and with no constraint.

    Having anything written into the Charter doesn't, and can't, change whether that thing is a member state issue or not. The Charter only applies to EU legislation, EU institutions, and member state law only when implementing/transcribing EU law. It cannot legally be used to give the EU any new competences.

    That's not arguable - it's the case. Therefore, the fact is that the EU currently sets no boundaries on scientific research, and after Lisbon would continue to set no boundaries on scientific research. You therefore have no argument here at all.

    cordially,
    Scofflaw


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    In your opinion should the EU have the right to restrict areas of scientific research within member states?

    That's what this boils down to, without all the speeches, analogies and CV's on both sides of the argument.

    No - it is my opinion that the EU should not consider scientific research to be a fundamental freedom. But that is my opinion.

    I am curious as to how may others would consider it a good thing to have unconstrainted scientific research enshrined as a "Fundamental Right".

    Scientific research is a very open term


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    Scientific research is a very open term

    Oh yeah? How will that be misinterpreted then?

    Intelligent Design!?


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    Scofflaw wrote: »
    Having anything written into the Charter doesn't, and can't, change whether that thing is a member state issue or not. The Charter only applies to EU legislation, EU institutions, and member state law only when implementing/transcribing EU law. It cannot legally be used to give the EU any new competences.

    That's not arguable - it's the case. Therefore, the fact is that the EU currently sets no boundaries on scientific research, and after Lisbon would continue to set no boundaries on scientific research. You therefore have no argument here at all.

    cordially,
    Scofflaw

    With due respect the CFR does not currently have the kind of teeth it will after ratification.

    But again my question is, should there be no boundaries?


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    Oh yeah? How will that be misinterpreted then?

    Intelligent Design!?

    This is a political forum - not appropriate to introduce fantasy here.


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    With due respect the CFR does not currently have the kind of teeth it will after ratification.

    But again my question is, should there be no boundaries?

    What teeth will it have after ratification? Be specific, list the 'teeth'.

    Your question creates a false dichotomy. There should be no boundaries defined by the EU.


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  • Registered Users, Registered Users 2 Posts: 23,283 ✭✭✭✭Scofflaw


    With due respect the CFR does not currently have the kind of teeth it will after ratification.

    That's irrelevant, because the Charter is governed by the points I have outlined - it does not create new competences, and it only applies to EU legislation and institutions.
    But again my question is, should there be no boundaries?

    That's a separate question, since the EU isn't in charge of setting the boundaries. The EU does not set, and has no competence to set, limitations based on public morality, because public morality is part of the self-determination of the character of the member nations (as per the German case).

    Those two things together mean that ethical limits on research are not a competence of the EU, and the Charter rights cannot be used to challenge ethical limits set by the member states under national law.

    A + B = C.

    cordially,
    Scofflaw


  • Closed Accounts Posts: 5,207 ✭✭✭meditraitor


    Under Lisbon the EU Charter of Fundamental Rights becomes law.

    This provides for the conducting of scientific research without constraint.

    Article 13


    Freedom of the arts and sciences

    The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

    The only protections provided are to humans and are limited in Article 3 to

    Article 3

    Right to the integrity of the person


    1. Everyone has the right to respect for his or her physical and mental integrity.


    2. In the fields of medicine and biology, the following must be respected in particular:

    -- the free and informed consent of the person concerned, according to the procedures laid down by law,


    -- the prohibition of eugenic practices, in particular those aiming at the selection of persons,

    -- the prohibition on making the human body and its parts as such a source of financial gain,


    -- the prohibition of the reproductive cloning of human beings.


    Our guarantees not withstanding what protections are there to limit vivisection, embryo research or other forms of research that could be considered unethical in the other countries of europe.

    In other words do you consider the right of scientists to operate constraint free to be a good thing?

    This is a stupid question considering you posted the above quote which clearly shows constraints attached to scientific research!

    What is your point?


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    This is a stupid question considering you posted the above quote which clearly shows constraints attached to scientific research!

    What is your point?

    In some cases it is finding out if there is a separation between an ability to type and an ability to read.

    Some of our test subjects can type but so far none can read.


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    What teeth will it have after ratification? Be specific, list the 'teeth'.

    Your question creates a false dichotomy. There should be no boundaries defined by the EU.

    ECJ = teeth.


  • Closed Accounts Posts: 5,207 ✭✭✭meditraitor



    Some of our test subjects can type but so far none can read.

    Does that not tell you something, if no one else can see what you point is then maybe........... think about it a bit longer.


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    Does that not tell you something, if no one else can see what you point is then maybe........... think about it a bit longer.

    If you read what I posted you would see that I agree that certain limitations have been imposed so outside of those limitations...


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  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    ECJ = teeth.

    You'll need to be more specific. An acronym an equivalence and a noun don't make much of an argument.

    You've already been told that the CFR only applies to EU legislation, and national implementation or transposition of EU legislation. Are you disagreeing with this?


  • Closed Accounts Posts: 5,207 ✭✭✭meditraitor


    If you read what I posted you would see that I agree that certain limitations have been imposed so outside of those limitations...

    Really? Why didnt you write that then, what I read was
    In other words do you consider the right of scientists to operate constraint free to be a good thing?

    I replied to your post (above) as I understood it....

    Certain limitations should and will be imposed on scientific research, these limitations will be set by individual states and the charter will not enforce or force states to relax/increase their own set limitations as long as the research does not exceed the limitations set out in the charter.


  • Registered Users, Registered Users 2 Posts: 5,155 ✭✭✭PopeBuckfastXVI


    Really? Why didnt you write that then, what I read was



    I replied to your post (above) as I understood it....

    Certain limitations should and will be imposed on scientific research, these limitations will be set by individual states and the charter will not enforce or force states to relax/increase their own set limitations as long as the research does not exceed the limitations set out in the charter.

    When implementing or transcribing EU law.

    To finish your last sentence...


  • Closed Accounts Posts: 10,012 ✭✭✭✭thebman


    I don't get why the thread is still going, seems to have been sorted by about the 3rd post :confused:


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    It seems some clarification is needed.

    Is there any merit to giving scientific research such a high level of protection if it is constraints are supposed to remain within the laws of the member states?

    To me it is illogical and I am questioned both why it is there and given that it cannot at this stage be removed how it might be used in the future.

    While scientific research is a necessity and while some if it might be distasteful to the save the whale crowd and the tree huggers it, imo, should not be considered a fundamental human right.

    Now, if you will forgive me some of the monkeys have woken up and they're looking for their nuts.

    I had considered sending them to Coir headquarters but I'm not sure they have the right kind of nuts.


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  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    It seems some clarification is needed.

    Is there any merit to giving scientific research such a high level of protection if it is constraints are supposed to remain within the laws of the member states?

    To me it is illogical and I am questioned both why it is there and given that it cannot at this stage be removed how it might be used in the future.

    While scientific research is a necessity and while some if it might be distasteful to the save the whale crowd and the tree huggers it, imo, should not be considered a fundamental human right.

    Now, if you will forgive me some of the monkeys have woken up and they're looking for their nuts.

    I had considered sending them to Coir headquarters but I'm not sure they have the right kind of nuts.

    All it does is prevent the EU from passing any laws / directives that suppress Academic Freedom within the limited scope that it has the authority to law down directives / regulations. Specifically this does not include matters of morality etc as pointed out earlier, because these remain soley the responsibility of the member states.

    The full range of EU competencies in the area of science and technology domain are listed in
    Title XIX - RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE of the TFEU.

    And is pretty much limited to the following activities:
    Article 164 [180]
    [ex Art. 164 EC, amended]
    In pursuing these objectives, the Community Union shall carry out the following activities,
    complementing the activities carried out in the Member States:
    (a) implementation of research, technological development and demonstration programmes, by promoting cooperation with and between undertakings, research centres and universities;
    (b) promotion of cooperation in the field of Community Union research, technological development and demonstration with third countries and international organisations;
    (c) dissemination and optimisation of the results of activities in Community Union research, technological development and demonstration;
    (d) stimulation of the training and mobility of researchers in the Community Union.


  • Closed Accounts Posts: 10,012 ✭✭✭✭thebman


    Yeah its a stay the hell away from these issues clause. They are up to member states.

    Science needs that because different states have very different views on what is acceptable on issues like stem cell research.

    A better way of viewing it might be that it is a "we aren't touching that one with a barge pole" clause.


  • Moderators, Science, Health & Environment Moderators Posts: 10,093 Mod ✭✭✭✭marco_polo


    For obvious reasons I can neither confirm nor deny nor can I state my current location.

    I don't really care to be honest, however that since you are fully indending to vote the obvious conclusion I drew was that you are an Irish Citizen resident in the country.

    I just found the posibility that there may be a company based in Ireland that is testing live frangible rounds of ammunition on anaesthetised cats and rhesus monkeys to be slightly surprising.

    Nothing more to say on the matter, feel free not to divulge any more top secret information.


  • Registered Users, Registered Users 2 Posts: 5,848 ✭✭✭bleg


    Our guarantees not withstanding what protections are there to limit vivisection, embryo research or other forms of research that could be considered unethical in the other countries of europe.

    In other words do you consider the right of scientists to operate constraint free to be a good thing?



    You do realise that embryonic research is being carried out and will continue to be carried out in Ireland regardless of Lisbon right?


  • Registered Users, Registered Users 2 Posts: 6,007 ✭✭✭Moriarty


    Objective: Present a logically flawed assumption as fact in the hopes of confusing a few more people about the lisbon treaty. Points will be deducted if you expose outright euro-sceptic tendancies - pursue the 'concerned pro-european' to enhance your image as a fellow europhile who has suddenly - and to their unending horror - discovered disturbing undercurrents in the EU project.

    Method: Is it right that $CONTROVERSIAL_TOPIC_IRRELEVANT_TO_LISBON_TREATY will be [disallowed|allowed] if Lisbon is ratified by Ireland? Is it right that the EU are making us [not] do this?



    It's almost like that Daily Mail-o-matic headline maker in it's simplicity.


  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭StealthRolex


    bleg wrote: »
    You do realise that embryonic research is being carried out and will continue to be carried out in Ireland regardless of Lisbon right?

    I think you will find it is stem cell research not embryonic research and uses imported stem cell lines not embryos. Also as Lisbon enshrines no limits in law I fail to see your point.


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