STEM CELL RESEARCH LEGISLATION

Stem Cell Research Legislation

Stem Cell Research Legislation

The human body is composed of a vast number of cells, on the order of 1013 to 1014. These are grouped, based on functional and morphological characteristics into various types of tissue composed of similar cells. Yet, for all humans, there was a time when there was but one cell.

Legal Perspectives

Given the number of ways in which hESCs can be procured and the number of policy mechanisms at the disposal of legislative bodies, it is not surprising that there is little, if any, consensus among nations on how to regulate research on hESCs. It is, however, possible to break various legislative schemes down along a number of regulatory axes:

The use of supernumeracy embryos for derivation of hESC lines.

The creation of embryos via IVF for derivation of hESC lines.

The creation of embryos via SCNT for derivation of hESC lines .

Within Europe, axes II and III were together addressed within the Convention of the Council of Europe on Human Rights and Biomedicine at Oviedo, Spain, in 1997. This treaty obliges signatories to incorporate statutory bans on the creation of human embryos for research purposes and the procurement of hESC lines into national law. Research on supernumeracy embryos is not addressed in this convention and is a major point of difference in EU member nation hESC regulatory regimes.

Starting at the extremes, Belgium and the United Kingdom explicitly allow activity on all three axes and seven nations prohibit the procurement of hESC lines from any embryos, including supernumeracy embryos . The remaining countries either explicitly allow the derivation of hESC lines form supernumeracy embryos or have laws that allow experimentation on embryos and do not prohibit the derivation of hESC lines from such embryos (axis I), but otherwise restrict activity along axes II and III.

The quest for regenerative medicine is not a purely European one. It is not even restricted to just the richest nations. Unlike Europe, though, a number of nations in the rest of the world are not Christian (officially or by simple numerical presence). Whereas Christendom has been part of the fabric of Europe for well over a millennia, the non-European nations can largely be divided between those that have had a strong Christian influence since they became nation-states (primarily the Latin American nations) and those with either non-Christian or late-coming Christian traditions .In 1978 the birth of Louise Brown - the world's first 'test-tube baby' - in Oldham prompted a debate on this new technology. Because in-vitro fertilization (IVF) involved creating human embryos outside the body, the debate considered what to do with any 'spare' embryos and whether it was morally acceptable to allow research on human embryos. This led to the setting up of a UK framework for regulating research on human embryos:

• The Warnock Committee (1982-84) recommended research on human embryos should be allowed (subject to controls) up to 14 days after fertilization.

• The Human Fertilization and Embryology (HFE) Act 1990, which set up a statutory body (HFE ...