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27 Suffolk U. L. Rev. 1249 (1993)
French, European, and International Legislation on Bioethics

handle is hein.journals/sufflr27 and id is 1269 raw text is: FRENCH, EUROPEAN, AND INTERNATIONAL LEGISLATION ON BIOETHICS Nodlle Lenoir* I. INTRODUCTION: A CONTRAST TO THE SITUATION IN EUROPE A. The French Legislation The French legislation addressing biomedical issues is quite compre- hensive. It is, in my opinion, the most comprehensive legislation in Europe and even in the world, since three very important laws on bioethics were enacted in July 1994. Only one issue remains un- touched by the French legislation: euthanasia. For the first time in France, one of the laws adopted last July defines brain death in order to allow organ donation. If you had asked to make this presentation five or six years ago, I would have told you that France was rather behind, regarding bioethics legislation, compared with other European community. Things have greatly changed, however, as I will try to show you now. B. Other Western Countries of Europe Other European countries are in very different situations. Among the twelve states of the European Union, a few of them have adopted recent legislation. Some laws concern the beginning of life, such as regulating research on embryo and in vitro fertilization, including Spain (two laws 1988), United Kingdom (Human Fertilization and Embryology Act of 1990), Germany (Embryo Protection Law of 1990, a penal law). Other legislations address the issue of organ donation and transplantation. Such law have been enacted in the United King- dom (Human Tissue Act of 1961; Human Organ Transplants Act of 1989) and France.' Biomedical research involving human subjects is rarely regulated by laws, as it is in France by legislation adopted in 1988 and since modi- * Madame Lenoir is a member of the Constitutional Council of France and was the first woman to be named to that institution. Madame Lenoir is a member of the Superior Council of Research and Technology and President of the Commission on Socioeconomic and International Stakes of Research. She is a member of the Advisory Committee to the European Union's Commission on Ethics and Biotechnology and President of the Advi- sory Committee of Bioethics of UNESCO. Madame Lenoir has also been the Mayor of Valmondois (Vald'oise) since 1989. She drafted comprehensive legislation addressing vari- ous issues raised by the advance of biomedicine and genetic testing. This legislation was enacted in July 1994. 1. Part of the French law enacted in July 1994, addressing donation and utilization of parts and products of the human body, replaced a 1976 law.

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