Inter-species embryos and human clones: Issues of free movement and gestation

European Journal of Health Law

Volumn 16, Issue 1, 2009, Pages 69-79

  Laing, Jacqueline A ^a  

^a LONDON METROPOLITAN UNIVERSITY   (United Kingdom)

Author keywords

Artifi cial reproduction; Bioethics; Donor conception; Freedom of movement: Charter of Fundamental Rights of the European Union; Human cloning; Human fertilisation and embryology; Inter species embryos; hybrids; Medical ethics

Indexed keywords

BIOETHICS; CHIMERA; CLONE; CLONING; CYBRID; EMBRYO; EMBRYO RESEARCH; EMBRYOLOGY; FERTILIZATION; FREEDOM; FREEDOM OF MOVEMENT; HUMAN; HUMAN CLONE; HUMAN RIGHTS; INFERTILITY THERAPY; INTERSPECIES EMBRYO; LAW; MEDICAL ETHICS; NONHUMAN; REVIEW; TRANSGENIC ORGANISM; ANIMAL EMBRYO; ARTICLE; EMBRYO DEVELOPMENT; INFORMED CONSENT; LEGAL ASPECT; SPECIES DIFFERENCE;

BIOETHICAL ISSUES; CLONING, ORGANISM; EMBRYO, MAMMALIAN; EMBRYONIC DEVELOPMENT; HUMANS; INFORMED CONSENT; SPECIES SPECIFICITY;

EID: 66149124527     PISSN: 09290273     EISSN: 15718093     Source Type: Journal    
DOI: 10.1163/157180908X378409     Document Type: Review

References (21)

1. [1997] 2 All ER 687.
2. This follows on from the Human Fertilisation and Embryology (Deceased Fathers) Act 2003 which permits that which was unlawful prior to Blood.
3. The EC treaty was amended by the Treaty of Amsterdam Official Journal c 340 10 November 1997. See also Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon (Arts. 56 and 57) which is, on this point identical.
4. R v Human Fertilisation and Embryology Authority, ex parte Blood [1997] 2 All ER 687 at p. 704-5.
5. Ibid. p. 704.
6. Letters The Times 21 January 2008. See schedule 3 of the Bill for the question of consent to storage.
7. Op. cit. Blood, p. 704.
8. A similar point was made by M. E. Rodgers"Gametes Storage Consent and Treatment" 1997 383 Web JCLI "The Court of Appeal hypothesised that there would be no more cases of the same nature as Diane Blood's - this may be so, but in clarifying the legislative provisions the court has also established the manner in which these provisions can be avoided."
9. Jacqueline Laing"Artificial Reproduction, Blood Relatedness and Human Identity" Monist: International Journal of General Philosophical Enquiry 89 (2006) 548-567. Jacqueline A. Laing and David S. Oderberg" Artificial Reproduction, the 'Welfare Principle', and the Common Good" Medical Law Review, 13 (2005) 328-356.
10. Reform Treaty 62007. IGC 2007 (October 2007). Protocol (No 7) - On the Application of the Charter of Fundamental Rights to Poland and to the United Kingdom.
11. Charter of Funddmental Rights of the European Union.
12. R v Human Fertilisation and Embryology Authority, exparte Blood [1997] 2 All ER 687 at p. 703.
13. Convention on Human Rights and Biomedicine http://conventions.coe.int/ Treaty/en/Treaties/Word/164.doc The Council of Europe's Convention on Human Rights and Biomedicine, signed by 31 out of the 45 Council of Europe Member States (but not the UK) states in Article 18 (2) that "the creation of human embryos for research purposes is prohibited."
14. The United Nations General Assembly took up the Report of the Sixth Committee at its 82nd meeting, held on 8 March 2005 and adopted General Assembly resolution 59/280, containing the United Nations Declaration on Human Cloning by a recorded vote of 84 in favour, 34 against and 37 absentions. Britain joined states such as China, Cuba, and Korea and numerous ex-Communist countries in opposing a ban on human cloning. Britain is, in many respects, out of step with its Western partners on many of these issues in biotechnology.
15. Lord Alton, House of Lords debates on the Human Fertilisation and Embryology Bill, 10 December 2007
16. Rupert Rushbrooke"Proposals to bring donor-conceived peoples birth certification into line with that of all other UK citizens" Bulletin of Medical Ethics (forthcoming).
17. Since there is substantial secrecy surrounding the practice of donor conception, it cannot be said that the rights of people born of the fertility industry have been satisfactorily addressed.
18. Jurgen Habermas, The Future of Human Nature, (Cambridge: Polity Press, 2003), p. 61; Finn Bowring "Therapeutic and Reproductive Cloning: A Critique" Social Science and Medicine 58 (2004) 4001-409;
19. Leon R. Kass, 'The Wisdom of Repugnance' The New Republic, 2 June 1997: 17-26;
20. also Leon R. Kass and James Q. Wilson The Ethics of Human Cloning (Washington, DC: American Enterprise Institute Press, 1998) ;
21. Leon Kass 'L'Chaim and its Limits: Why Not Immortality' Life, Liberty and the Defense of Dignity, (San Fransisco: Encounter Books, 2002) ; Jeremy Rifkin The Biotech Century: Harnessing the Gene and Remaking the World (New York: Jeremy P. Tarcher/Putnam, 1998).