Human embryonic stem cell research in Ireland: Ethical and legal issues

2011 ◽  
Vol 11 (4) ◽  
pp. 262-283
Author(s):  
Fionnuala Gough

The paper examines the ethical and legal background to the current debate in the Republic of Ireland on the use of human embryos and embryonic stem cells (hESC) for research. How should public policy be formed to balance the potential health benefits of such research against the moral values of 21st century Irish society? The legislature has failed to address the constitutional ambiguities that have contributed to the current uncertainty as to the legal position of hESC research in Ireland. In view of the challenges posed by hESC research, it is argued that an appropriate regulatory framework should be adopted in Ireland, which will bring a degree of certainty as to what is and is not permitted. In adopting such a framework, it is suggested that hESC research should be permitted on donated supernumerary embryos up to day-14 post fertilisation.

2014 ◽  
Vol 54 (1) ◽  
pp. 3-22 ◽  
Author(s):  
Maya Mitre ◽  
Bruno P.W. Reis

This case study deals with the regulation of human embryonic stem-cell (hESC) research in Brazil. It aims to analyze the process that led to the authorization, in 2005, of the use of stem cells obtained from so-called supernumerary embryos for purposes of research and therapy. We argue that the pro-research lobby in Brazil had considerable success because it framed the issue by referring to Brazil’s peculiar policy background in the fields of assisted reproduction and embryo research. Moreover, this group of actors strategically avoided associating hESC research with abortion, highlighting the humanitarian aspects of this kind of research, rather than the motto of freedom of scientific research. Finally, it was able to rely on the judgment of a fairly progressive Supreme Court, which was also sensitive to public opinion at a time of ‘court activism’ or the ‘judicialization of politics’ in Brazil.


PREDESTINASI ◽  
2021 ◽  
Vol 13 (2) ◽  
pp. 79
Author(s):  
Chris O. Abakare

The scientific reports on the successful use of Human Embryonic Stem cells to cure many sicknesses as provoked a long-standing controversy about the ethics of research involving human embryos. This controversy arises from sharply differing moral views regarding the use of embryos for research purposes. Indeed, an earnest international scholarly debate continues till today over the ethical, legal, and medical issues that arise in this arena. Immanuel Kant (1724-1804) had given a moral guideline that ethical decisions should be made by considering the nature of the act itself, not its consequences. Furthermore, Kant has warned that persons (autonomous agents) have a special moral worth or dignity, which is the basis for the respect that is owed to them. Thus, respect for persons, means never using persons merely as means to our ends, but always treating them also as ends in themselves. Some philosophers like Richard Doerflinger, Michael Novak, Gilbert Meilaender, and Robert P. George have used the Kantian formula of humanity to criticize the argument that spare IVF embryos can be used for stem cell research given their inevitable death and thus lack of properties for future life. However, the purpose of this paper is to take a critical look at the Human Embryonic Stem cells subject matter to investigate the concept of “personhood’, with the maxim of ‘never treating a person as a means’. This paper argues that if we accepts the definition of a person to possess capacities such as ‘rational’ ‘will’ and ‘self-determination’, then IVF embryos is not a person and can therefore be researched upon, used to derive human embryonic stem cells. Hence, Human Embryonic Stem cells research can be carried out within the ambiance of Kant Categorical Imperative without moral conflict. 


2013 ◽  
Vol 20 (2) ◽  
pp. 145-165
Author(s):  
Fionnuala Gough

Abstract Disagreement about matters of public policy concerned with moral issues is inevitable in pluralist democracies. One approach to the resolution of moral conflicts in society is the concept of deliberative democracy, which emphasises the process or procedure which ultimately allows a political decision to be reached. The Republic of Ireland effectively has no legislative framework regulating human embryonic stem cell research (hESC research). This article proposes that Irish policymakers establish a procedural framework, similar to that used in other European democracies, to allow the development of appropriate regulations pertaining to hESC research in Ireland. In particular the article will consider how a three-tier model of procedural regulation has been used to achieve certainty in the area of hESC research in the United Kingdom and Germany and how this model might be applied to Ireland.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Markus Hengstschläger ◽  
Margit Rosner

AbstractIt is known that in countries, in which basic research on human embryos is in fact prohibited by law, working with imported human embryonic stem cells (hESCs) can still be permitted. As long as hESCs are not capable of development into a complete human being, it might be the case that they do not fulfill all criteria of the local definition of an embryo. Recent research demonstrates that hESCs can be developed into entities, called embryoids, which increasingly could come closer to actual human embryos in future. By discussing the Austrian situation, we want to highlight that current embryoid research could affect the prevailing opinion on the legal status of work with hESCs and therefore calls for reassessment of the regulations in all countries with comparable definitions of the embryo.


2007 ◽  
Vol 74 (4) ◽  
pp. 197-205
Author(s):  
F. Pinto ◽  
A. Calarco ◽  
A. Brescia ◽  
E. Sacco ◽  
A. D'addessi ◽  
...  

Purpose Congenital abnormalities and acquired disorders can lead to organ damage and loss. Nowadays, transplantation represents the only effective treatment option. However, there is a marked decrease in the number of organ donors, which is even yearly worsening due to the population aging. The regenerative medicine represents a realistic option that allows to restore and maintain the normal functions of tissues and organs. This article reviews the principles of regenerative medicine and the recent advances with regard to its application to the genitourinary tract. Recent findings The field of regenerative medicine involves different areas of technology, such as tissue engineering, stem cells and cloning. Tissue engineering involves the field of cell transplantation, materials science and engineering in order to create functional replacement tissues. Stem cells and cloning permit the extraction of pluripotent, embryonic stem cells offering a potentially limitless source of cells for tissue engineering applications. Most current strategies for tissue engineering depend upon a sample of autologous cells from the patient's diseased organ. Biopsies from patients with extensive end-stage organ failure, however, may not yield enough normal cells. In these situations, stem cells are envisaged as being an alternative source. Stem cells can be derived from discarded human embryos (human embryonic stem cells), from fetal tissue or from adult sources (bone marrow, fat, skin). Therapeutic cloning offers a potentially limitless source of cells for tissue engineering applications. Regenerative medicine and tissue engineering scientists have increasingly applied the principles of cell transplantation, materials science and bioengineering to construct biological substitutes that will restore and maintain normal function in urological diseased and injured tissues such as kidney, ureter, bladder, urethra and penis. Conclusions Regenerative medicine offers several applications in acquired and congenital genitourinary diseases. Tissue engineering, stem cells and, mostly, cloning have been applied in experimental studies with excellent results. Few preliminary human applications have been developed with promising results.


2021 ◽  
Vol 22 (2) ◽  
pp. 551
Author(s):  
Luis Sendra ◽  
Alfredo García-Mares ◽  
María José Herrero ◽  
Salvador F. Aliño

Background: Mitochondrial DNA (mtDNA) diseases are a group of maternally inherited genetic disorders caused by a lack of energy production. Currently, mtDNA diseases have a poor prognosis and no known cure. The chance to have unaffected offspring with a genetic link is important for the affected families, and mitochondrial replacement techniques (MRTs) allow them to do so. MRTs consist of transferring the nuclear DNA from an oocyte with pathogenic mtDNA to an enucleated donor oocyte without pathogenic mtDNA. This paper aims to determine the efficacy, associated risks, and main ethical and legal issues related to MRTs. Methods: A bibliographic review was performed on the MEDLINE and Web of Science databases, along with searches for related clinical trials and news. Results: A total of 48 publications were included for review. Five MRT procedures were identified and their efficacy was compared. Three main risks associated with MRTs were discussed, and the ethical views and legal position of MRTs were reviewed. Conclusions: MRTs are an effective approach to minimizing the risk of transmitting mtDNA diseases, but they do not remove it entirely. Global legal regulation of MRTs is required.


2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.


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