Fundamental right e.g. Art. 1 GG:

“The dignity of a human being is

inviolable”

ECHR Art. 5: “Everyone has the right to liberty and

security of a person.”

Art. 3 I GG: “Every human being is

equal in front of the law.”

UDHR Art. 1: “All human beings are

born free and equal in dignity and

rights. They are endowed with

reason and conscience and

should act towards one another in a

spirit of brotherhood.”

Presentation by Jessica Behnke12.03.2015

“The human embryo status“

Definition of an embryo Importance of the human embryo status Embryo as a human being ? Should stem-cell scientists be able to destroy early-stage

human embryos in order to advance medicine? Restriction by legislation Conclusion Sources

Content

= a „multicellular diploid eukaryote” in its

earliest stage of development from the time of fertilization until birth humans: between the 1st and the 8th week

“Embryo”

Importance ofthe human

embryo status

Law

Human rights

Religion

Ethic

Civil Law

Medical improvements

Embryo as an human being ?

Theology

Philosophy

Experimenting withstem-cells/embryos

Moral

Therapeutic cloning

Artificial reproduction

Healing diseases

Fundamental Rights

Criminal LawScience

“Embryo as a human being?”

Scientific: after 14 days

Before „twinnig“ possible

Embryo is not an individual -> can´t be moral equivalent of an adult human

Potential not enough

Religious: Embryo = human being and has the same status

Human being when the soul enters the embryo at the moment of conception

Philosophical : Embryo = a whole living member of the species homo sapiens in the earliest stage of his or her natural development

based on the idea of having the potential to become an adult

Theological: Embryo = human in nature

Physical aspects irrelevant

It has human DNA and it´s alive

Importance ofthe human

embryo status

Law

Human rights

Religion

Ethic

Civil Law

Medical improvements

Embryo as an human being ?

Theology

Philosophy

Experimenting withstem-cells/embryos

Moral

Therapeutic cloning

Artificial reproduction

Healing diseases

Fundamental Rights

Criminal LawScience

Civil Law: § 1 BGB/Art. 66 Portuguese Civil Code

legal capacity starts with the completion of birth

exception = nasciturus: unborn who is deemed to have been born to the extent that its own benefits are concerned especially in inheritance law or family law Fundamental Rights: human dignity, right to live and

health are guaranteed from 14th day on Criminal Law – requested abortion allowed from 12

up to 14 weeks in european countries with danger for the mother even over 20 weeks

Law:

Importance ofthe human

embryo status

Law

Human rights

Religion

Ethic

Civil Law

Medical improvements

Embryo as an human being ?

Theology

Philosophy

Experimenting withstem-cells/embryos

Moral

Therapeutic cloning

Artificial reproduction

Healing diseases

Fundamental Rights

Criminal LawScience

When can it be considered a human being ? When does it start having human rights ? When does life begin ?

?“Should stem-cell scientists be able to destroy early-stage human embryos in

order to advance medicine?“3

an obejct with less given rights

+

• Treat numerous diseases: Parkinson, amyotrophic lateral, burns, heart diseases, diabetes

+

• Prevent diseases caused by cell mutation: cancer, birth defects

+

• Become tissue or organs to replace damaged tissue and organs

-

• No biologically determined moment when such a life acquires the moral status of a person

-

• Human life as an ongoing gradual developing process

-

•Existent of the potential to become a human being taking their lifes

Advantages of embryonic stem-cell research

Moral issues of the use of embryonic stem cells

a full human being worthy all respect

For

Against

Reallocate research money to other projects

“equal moral status”

Purpose of creating an embryo to destroy

= wrong (moral)

Image of God -> must never be

treated as means to others

(religious)

Embryos neither has nerves, heart,

lungs, brains, feelings, nor any sensibility at all 2

(biological)

Stem-cell research is a

noble exercise of our human ingenuity to

promote healing and to repair the

given world

In reality more embryos created then implantable

(IVF)

• Image of God

• “equal moral status”

• Life taking • Medical increasment without hurting a human being

Science Moral

Religion Theology

Embryonic Research yes or no

Example: Given a choice between saving a five-year-old girl or a tray of 10 embryos, which one would you choose?

Saving a five-year-old girl experience of terror

and horrifying pain Comparison: to

rescue a girl ill adult in deep coma killing and dismembering him for his body parts

Saving a tray of 10 embryos No terror or

horrifying pain

Embryo research only allowed with a licence

of the Authority Licence only to those who are desirable for

the purpose of advancing the treatment of inferetility , congenital disease, causes of miscarrying, methods of detecting the presence of genetic or chromosomal abnormalitiesin embryos before implantating..

Germany: law of the safety of embryos (1990)

Restrictions made by legislation

International Code of Medical Ethics (1948):

Doctor must always preserve human life from the time of conception until death

§ 6 of the Helsinkis Decleration: biomedical research only allowed in which the aim is essentially diagnostic or therapeutic for patient and medical research.

Nürnberg Code from 1949: the experiment can only be proceeded as to avoid all unnecessary physical and mental suffering and injury.

Other restrictions

Embryo in it´s earliest stage of development

a human being but granted with some special rights

Embryotic research is still debated But basically allowed with certain restrictions

Take-home message