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17 B.U. Int'l L. J. 397 (1999)
The European Total Ban on Human Cloning: An Analysis of the Council of Europe's Actions in Prohibiting Human Cloning

handle is hein.journals/builj17 and id is 403 raw text is: THE EUROPEAN TOTAL BAN ON HUMAN CLONING: AN ANALYSIS OF THE COUNCIL OF EUROPE'S ACTIONS IN PROHIBITING HUMAN CLONING I. INTRODUCTION ............................................ 397 II. BACKGROUND ON HumiAN CLONING ...................... 399 Ill. THE CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE ............................................. 400 A. The Evolution of the Convention ...................... 401 B. Pream ble .............................................. 403 C. General Provisions of the Convention ................. 404 D. The Additional Protocol to the Convention ............ 408 IV. THE DEBATE .............................................. 411 A. Endorsing Human Cloning ............................ 411 B. The Ethical Question .................................. 412 C. Positions Taken by Other States and Organizations .... 413 D. Human Rights at Stake ................................ 418 V. PROPOSED LEGISLATION .................................. 420 VI. CONCLUSION .............................................. 423 I. INTRODUCTION Human cloning has developed into a controversial issue in bioethics since the birth of a cloned sheep, named Dolly, because of its social, ethi- cal and legal ramifications. Public awareness increased with discussions of solutions for dealing with drawbacks of continued scientific research in human cloning. Little legislation has been enacted due to the controver- sial nature of this subject matter. The 1997 Council of Europe Convention on Human Rights and Biomedicine on the Prohibition of Cloning Human Beings (the Conven- tion) is the first treaty to absolutely prohibit the cloning of human beings.' Since Denmark, Greece, San-Marino, Slovakia, Slovenia, and Spain ratified the Convention, it will enter into force as binding legisla- tion2 on December 1, 1999.1 1 See Council of Europe: Draft Additional Protocol to the Convention on Human Rights and Biomedicine on the Prohibition of Cloning Human Beings, 36 I.L.M. 1415, 1417 (1997). 2 In order for the Convention to enter into force, five states including at least four member states of the Council of Europe must ratify it. See Council of Europe, Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, Convention on Human Rights and Biomedicine, European Treaty Series 164 (Apr. 4, 1997). 397

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