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 Behnke

  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 1 st and the 8 th week “Embryo”

Importance of the human embryo status Law Human rights Religion Ethic Civil Law Medical improvements Embryo as an human being ? Theology Philosophy Experimenting with stem-cells/embryos Moral Therapeutic cloning Artificial reproduction Healing diseases Fundamental Rights Criminal Law Science

“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 of the human embryo status Law Human rights Religion Ethic Civil Law Medical improvements Embryo as an human being ? Theology Philosophy Experimenting with stem-cells/embryos Moral Therapeutic cloning Artificial reproduction Healing diseases Fundamental Rights Criminal Law Science

  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 14 th 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 of the human embryo status Law Human rights Religion Ethic Civil Law Medical improvements Embryo as an human being ? Theology Philosophy Experimenting with stem-cells/embryos Moral Therapeutic cloning Artificial reproduction Healing diseases Fundamental Rights Criminal Law Science

  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 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 takingMedical increasment without hurting a human being ScienceMoral ReligionTheology Embryonic Research yes  or  no 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