CouncilEurope

Additional Protocol to the Convention for the Protection of Human Rights and dignity of the Human Being with regard to the application of biology and medicine, on the prohibition of cloning human beings

(ETS No. 168)

Open for signature by the member States of the Council of Europe, the other States which participated in its elaboration and the European Union, in Paris, on 12 January 1998.

Entry into force : 1 March 2001.

Summary of the treaty

The Protocol to the Council of Europe's Convention on Human Rights and Bio-Medicine (The Oviedo Convention – ETS no. 164) prohibits "any intervention seeking to create a human being genetically identical to another human being, whether living or dead". It rules out any exception to this ban , even in the case of a completely sterile couple.

Only States which have signed the actual Convention can also sign the Protocol. It stipulates that States must provide in their legislation for penalties for offences, such as prohibiting researchers and practitioners from practising, revoking licences for laboratories or clinics, and criminal penalties.

Along with the Convention, certain of whose provisions it supplements, the Protocol enshrines important principles which provide the ethical basis for further biological and medical developments, both now and in the future.