The variations of judgment on ethical grounds are often created by circumstances, background, societal expectation, etc. What is morally wrong in a given context is a difficult question. If the embryo destruction or its particular use is an unethical act or not, that would largely depend on perceptions towards the embryo itself. If someone considers the human embryo as a ―life‖ capable of perceiving humanly attributes and attaches the status of ―human being‖ to an embryo, then the destruction of that embryo could be equated as killing of life according to that person. However, the death of a human is marked by ascribing the status of ―deceased‖ and the expulsion of a fetus is termed as ―abortion.‖ The destruction of early embryo is neither of them. Therefore, ―destruction‖ is the mostly used expression for the obliteration of the embryo/pre-embryo for the purpose of scientific experimentation. However, most of the legal texts do not emphasize around the process of
―destruction‖ of embryo, rather they are more focused on the ―use‖ and ―commercialization‖ of that embryo.53 Noticeable differences exist in the legal and policy framework of the countries around the embryo‘s use or destruction for the hSCR. The league of people who identifies destruction of embryo as killing of life, presents some arguments and the mostly used one is the ―empathy‖ for the embryo.54 Whether embryo is biologically equivalent to even an unborn human, or at the early stage of embryogenesis, it is a human biological material, that has to be understood both through and from the scientific and philosophical interpretations. Where scientific explanations have possibility to reduce the multiplicity of opinion, philosophical or ideological convictions can never be unanimous on this issue.
―When does life begin‖ is a common and the most valuable question, answer of which can solve the debate around the status of the embryo. Some strikingly significant events take place during the embryonic development, e.g., fusion of sperm and egg forming the zygote, blastocyst formation, implantation of the blastocyst, formation of the primitive streak, development of early organs, and formation of fetus. The most crucial and intriguing questions may involve at which stage we can say that human life has begun and when the emerging entity would be neurophysically capable of sensing its own existence. Himma (2003, 89-109) rejected the right as ―person‖ of the developing embryo in the first ―10 weeks of gestational age‖ and his reason was that their brain functionality comes into demonstration at or after that period. Condic (2011) while stressing that life of human being commences from the fertilization, i.e., forming the zygote, did not find enough rationale for the other arguments like ―viability‖, ―brain maturity‖ that ascribe human status at certain point of embryonic and fetal development. Antoine Suarez (2011, 190) thought that in order to answer when life begins, ―one has to take the body exhibiting human architecture and spontaneous movement‖
into consideration. According to him, ―capability [italics in the original] for spontaneous movements‖ at the early stage of development is ―the sign for rational ensoulment of a human
53 For example, Article 6 (2)(c) of the Biotech Directive, 1998 states that, invention will be unpatentable if there is ―uses of human embryos for industrial or commercial purposes‖. Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnological Inventions, 1998 O.J. (L 213), 0013 – 0021, 18.
54 Deontologists or moral absolutists may find destruction of embryo or its particular use for scientific experimentation in general disturbing.
body‖ (Suarez 2011, 190). Therefore, in the complex surroundings of differing contrasting opinion, it is hard to suggest an exact moment ―when life begins‖ or at which stage we can call the growing organism human body and award the status of a human.
Do we need an existing rational human entity to ascribe the status of the ―human‖? Beyleveld and Brownsword (2001, 115) identified two properties of human, i.e., ―consciousness‖ and ―physical embodiment‖. Ernest Becker (1973, 69) wrote while interpreting Kierkegaard‘s view on human entity, that human is aware of its ―own death and decay‖. Fertilized human cells while passing through its early embryonic developmental stages (prior to formation of primitive streak), in vitro or in vivo, would not be able to sense its obliteration. The beginning of the ―brain functionality‖ or the formation of the brain is also a remarkable stage of embryonic and fetal development. There may be connection with the ―brain formation‖ and the determination of the status of the growing organism.
We need a legal consensus on the terminologies used in the early stages of the embryonic and fetal development.
Major Key Themes derived from responses to question no. 255 shows the perception of the respondents about human embryo, human body and human life:56
The embryo has no rights;
Embryo at its earliest stage is a mass of undifferentiated cells;
Presence of ―soul‖ is vital to be considered as human body and human life;
Embryo has no soul;
Absence of preciseness, conclusiveness and consensus on the definition of embryo;
Embryo, human body and human life are integral parts of each other and collectively form a human being;
Assigning gender to embryo;
Non-existence of a universality of perceptions;
―Special respect‖ for embryo.
The Interpretation of the Major Key Themes derived from responses to question no. 2 can be found in Ch. 5.
Major Key Themes derived from responses to question no. 157 shows the opinion of the respondents about human stem cell research:58
Against destruction/use of human embryo, other methods are ok;
Destruction of embryo is ―killing‖;
Prejudiced about hSCR;
hSCR is like any other type of scientific research;
Promising area for therapy;
55 Question No. 2 was: ―How do you perceive the terms ‗embryo‘, ‗human body‘ and ‗human life‘?‖.
56 Supra note 18.
57 Question No. 1 asked: ―Do you bear any negative impression / any prejudice about human stem cell research‖.
58 Supra note 18.
Somatic/adult stem cell research is acceptable;
hSCR invokes differing opinions;
hESC research is politically and ethically controversial.
The respondents expressed different opinions about the use and destruction of human embryo for the hSCR. The Interpretation of the Major Key Themes derived from responses to question no. 1 can be found in Ch. 5.
The experts/respondents were asked (question no. 9): ―Which application of human embryo can be permitted according to your opinion‖. The Major Key Themes derived from the responses to question no. 9 are the following:59
Use of human embryo for research and innovation in cases of serious disorder;
―Development of therapeutics‖ by ―Academic/NPO/Government‖;
Employing redundant embryos that are anyway destined for destruction;
Research targeted to find cure or drug development but not through commercial channels;
Conduct stem cell research by using ―cord blood‖.
The Interpretation of the Major Key Themes derived from responses to question no. 9 can be found in ch. 5.
Moreover, the experts were asked (question no. 11) if they ―consider that the benefits of hESC (human Embryonic Stem Cell) research is more important than the risks and costs associated to it‖.
The Major Key Themes derived from the responses to question no. 11 focused many scientific issues related to the hESC research:60
Future therapeutic benefits;
Potential application in personalized medicine and rare diseases;
Not noticing any risk in research;
Conducting economic and viability studies;
Non specialized and pluripotent nature of hESC;
Reducing time and costs of other life science researchers;
Strict and harmonized regulation;
Increase of life expectancy;
Benefit human life, health and the overall society;
Cord blood is substitute of hESC;
59 Supra note 18.
60 Supra note 18.
Does not support any kind of stem cell research that involves destroying or putting the human embryo at risk;
hESC as an applied research employing human embryo without having solid and convincing basic science research data;
Benefits of hESC are contingent upon costs, affordability, time;
Each scientific cases vary considerably;
―Context‖ and circumstances of each case.
The Interpretation of the Major Key Themes derived from responses to question no. 11 can be found in ch. 5.