Embryonic Stem Cell Research: Terminological Ambiguity May Lead to Legal Obscurity
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Med Law (2004) 23:19-28 Medicine
and Law
OYOZMOT 2004
Genetics and the Law
EMBRYONIC STEM CELL RESEARCH: TERMINOLOGICAL
AMBIGUITY MAY LEAD TO LEGAL OBSCURITY
Bart Hansen*
Abstract: National regulation on embryonic stem cell research in the
European Union is ambiguous, due to a lack of consistent scientific
terminology as exemplified by the Dutch Embryos Act. To force a
breakthrough in this ethically dubious research topic, a more careful use
of terminology would be in the interest of both the scientific community
and the lawmakers, in order to avoid terminology becoming associated
with research or applications for which it is inappropriate. Therefore I
will first clarify the technological possibilities in an age of biological control.
Secondly, we will critically analyse the statements of the European
Convention on Human Rights and Biomedicine concerning embryo
research and cloning. The Convention prohibits human reproductive
cloning but does not take a clear position on so-called therapeutic cloning.
Finally, we will give an overview of the most recent legislative initiatives
within the European Union on this matter.
Keywords: Stem cell; ethics; cloning; embryo; law; European
Convention on Human Rights and Biomedicine
INTRODUCTION: THERAPEUTIC CLONING: YES OR NO?
On October 9, 2001, a bill concerning research on human embryos was
introduced in the Dutch Parliament. Two English medical journals mentioned
the bill but each put their own interpretation on it. The Lancet stated: The
Netherlands approves embryonic stem cell research. [...] The new legislation
stipulates that researchers must only use spare embryos from IVF treatment
and the law forbids the production of embryos solely for research
purposes.' (Weber, 2001) The British Medical Journal however wrote:
* Flanders Centre for Biomedical Ethics and Law, Catholic University of Leuven, Belgium
I. Italics mine
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Embryonic Stem Cell Research: Terminological Ambiguity May Lead to Legal Obscurity
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