COUNCIL OF
�
�Additional Protocol
(Explanatory Report) to the Convention on Human Rights � and Biomedicine� (12 January 1998). http://conventions.coe.int/Treaty/en/Treaties/Html/168.htm
Article
1: �Any intervention seeking to create a human being genetically identical to
another human being, whether living or dead is prohibited. For the purpose of
this article, the term human being �genetically identical� to another human
beings means a human being sharing with another the same nuclear gene set.�
�
�Convention for the
Protection of Human Rights and Dignity of the Human Being with regard to the
application of����������� Biology and
Medicine - Convention on Human Rights and Biomedicine� (Oviedo, 4 April 1997).���������
������������ http://conventions.coe.int/Treaty/en/Treaties/Html/164.htm
�
Article 13: �Interventions on the human genome
An
intervention seeking to modify the human genome may only be undertaken for
preventive, diagnostic or therapeutic purposes and only if its aim is not to
introduce any modification in the genome of any descendants.�
�
�Federal Law (Serial
275) Regulating Medically Assisted Procreation (The Reproductive Medicine Law),
and��� �����������
Amending the General Civil Code� (1992).
�
The Marriage Law and
the Rules of Jurisdiction. (1993) Search: http://www.bmwf.gv.at/
(in German)
The
law does not explicitly prohibit the cloning of human beings, but it limits
research on human embryos (defined as �developable cells�). Its central
principle is that reproductive medicine is acceptable only within a stable
heterosexual relationship for the purpose of reproduction.
Article
9 states that fertilized human oocytes and cells
derived therefrom may not be used for purposes other
than medically assisted reproduction, and any intervention into the germline is strictly prohibited. Any violation or attempt
at violation is subject to administrative or criminal prosecution.
(�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
�
�Law concerning research on embryos in vitro� (11 May 2003).
����������� Search:� http://www.senat.be/www/webdriver?MIval=index_senate&M=1&LANG=fr
Art.
2: �For the application of the present law, the following definitions apply:
7.
Reproductive human cloning � the production of one or more humans whose genes
are identical to the person from whom the cloning took place.�
Art.
4:
�1. The creation of in vitro embryos for research purposes is
forbidden, unless the objective of the research cannot be achieved by research
on excess embryos and in as much as the conditions of the present law are met.�
Art. 5: �It is forbidden:
4. to effect research or treatments with a eugenic purpose, in
other words focused on the selection or amplification of non pathological
genetic characteristics of the human species.�
Art. 6: �Human reproductive cloning is
forbidden.� (Author�s translation)
�
�Act No. 460 on Medically
Assisted Procreation in connection with medical treatment, diagnosis and
research� (10 ����������� June 1997,
amended by Act No. 427, June 2003)
The Act forbids research on human reproductive
cloning and somatic cell nuclear transfer (therapeutic cloning).
(�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
�
�Act No. 503 on a
Scientific, Ethical Committee System and the Handling of Biomedical Research
Projects� (1992).
Section 15: �The following experiments shall be
prohibited:
1. experiments whose
purpose is to enable the production of genetically identical human beings;
2. experiments whose
purpose is to enable the production of human beings by the fusion of
genetically different embryos or parts of embryos prior to their implantation
in the uterus;
3. experiments whose
purpose is to enable the production of living human beings who are hybrids with
a genetic constitution including components from other species; and
4. experiments whose
purpose is to enable the development of human beings in the uterus of another
species.�
(Karnovs Lovsamling 2 (1995) p. 2819. Translation from: International Digest of
Health Legislation Vol. 43, No. 4 (1992) pp. 758-760)
� �������� Penal Code (Passed 6 June 2001,
entered into force 1 September 2002, (consolidated text Jan 2004)
�Illegal Treatment of Embryo or Foetus
� 130.
Prohibited acts with embryo
Human cloning or creating a human hybrid or
human chimera is punishable by a pecuniary punishment or up to 3 years�
imprisonment.
� 131. Abuse
of human embryo or foetus
A person who creates a human embryo or foetus in
vitro without the intention to transfer the embryo of foetus to a woman, or
outside an institution duly authorised by law or without the corresponding
lawful right, or preserves a human embryo or foetus in vitro in an
unfrozen form for longer than the term provided by law or performs unauthorised
transactions with an embryo or foetus, shall be punished by a pecuniary
punishment.�
� ������� Patents Act (16 March 1994, amended by Act RT I
2003, 18, 106; 29 January 2003)
����������� http://www.legaltext.ee/en/andmebaas/ava.asp?tyyp=SITE_ALL&ptyyp=I&m=00
0&query=embryo&nups.x=18&nups.y=11
�Chapter II
Patent Protection and Patentability
(2) The following biotechnological inventions
shall not be protected by a patent:
1) processes for
cloning human beings;
2) processes for
modifying the germ line genetic identity of human beings;
3) uses of human
embryos for commercial purposes, including processes prohibited by the
Artificial Insemination and Embryo Protection Act.�
� �������� �The Act on Medical Research, No.
488/1999� (1999).
����� http://www.finlex.fi/pdf/saadkaan/E9990488.PDF
����� Section 11:
�Conditions governing research involving embryos
Research on embryos outside a woman�s body may be
carried out only by agencies that have been granted the appropriate licence by
the National Authority for Medicolegal Affairs. The
conditions for the granting of the licence shall be laid down by Decree.
Medical research shall be permitted on embryos only if
no more than 14 days �� have passed from
their formation. The time during which an embryo is kept frozen shall not count
for the purposes of calculating this time limit.�
����� Section 12:
�Consent for research on embryos
Research on embryos outside a woman�s body may not be
undertaken without the written consent of the persons who donated the gametes.
The donors shall be provided with the information referred to in section 6(2).
Consent may be withdrawn on the same terms as set out in section 6(3). Embryos
produced from donated gametes may not be used for research once the withdrawal
of consent has been received. Research on an embryo inside a woman�s body may
not be undertaken without���� her written
consent.�
����� Section 13:
�Restrictions on research on embryos
The production of embryos exclusively for the purpose
of research shall be forbidden.� Embryos
that have been used for research may not be implanted in a human body or be
kept alive for longer than 14 days from their formation, not including any time
during which they have been kept frozen.�
Research may use embryos that have been stored for up to 15 years, after
which the embryos must be destroyed.�
����� Section 15: �Prohibited research
Research
on embryos and gametes for the purpose of developing procedures for modifying
hereditary properties shall be prohibited, unless the research is for the purpose
of curing or preventing a serious hereditary disease.�
����� Section 25: �Unlawful research
on embryos and gametes
Any
person who conducts research on embryos without the licence referred to in section
11 or in contravention of the restrictions laid down in sections 11 and 13, or
who in contravention of the prohibition in section 15 conducts research on embryos
or gametes, shall be fined or imprisoned for a period not exceeding a year for unlawful
research on embryos and gametes.�
����� Section 26: �Unlawful intervention on
the genome
����� Any person who conducts research with the
aim of:
����� (1) cloning human
beings;
����� (2) creating a
human being by combining embryos;
����� (3) creating a
human being by combining human gametes and genes from animals, shall be fined
or imprisoned for a ����� period not
exceeding two years for unlawful intervention on the genome.�
� �������� �Medical Research Decree, No.
986/1999� (1999).���� http://www.finlex.fi/pdf/saadkaan/E9990986.PDF
Section 4:
�Conditions
governing institutions that are carrying out research involving embryos
The condition for
granting a licence referred to in section 11 of the Medical Research Act is
that the institution has appropriate research facilities and equipment, as well
as the staff needed for the activity.
When an institution
applies for a licence referred to in paragraph 1 from the National Authority
for Medicolegal Affairs, the institution shall append
to the application information about:
1) the
content and extent of the research;
2) the
facilities used for the research;
3) devices
and equipment used for the research;
4) staff
engaged in the research;
5) quality
assurance of the research; and
6) the ethics committee
assessing the research.
If the applicant is
an institution referred to in the Private Health Care Act (152/1990), to the
application shall be attached, in addition, information about the licence granted
to the institution.
The National
Authority for Medicolegal Affairs will issue, if
necessary, further instructions for the application procedure.�
� �������� �Bioethics Law� (8 July 2004, amended
Law No. 94-653 of July 29 1994, on Respect
for the Human Body and Law���� No. 94-654
of July 29 1994, on the ��� Donation and
Use of Elements and Products of the Human Body, Medically ����������� Assisted Procreation, and Prenatal
Diagnosis.)
����������� Part I:
����������� http://www.senat.fr/pl/106-1ere-partie-0304.pdf
(in French)
����������� Part II:
����������� http://www.senat.fr/pl/106-2eme-partie-0304.pdf
(in French)
The bioethics legislation and its amendments
specifically prohibit human cloning for reproductive and therapeutic purposes, germline gene therapy and the creation of embryos purely
for research purposes.
Human reproductive cloning is considered a
�crime against the human race� and has been criminalized with jail sentences of
up to 20 years and the imposition of fines; research or therapeutic cloning is
punishable with up to 7 years in prison and fines.
� �Law on the rights of the patients�
(5 May 2000).
Chapter VI: �Rights in the field of genetic counseling and gene therapy
Section 33 Interventions to modify the genome
may only be carried out for diagnostic, therapeutic, or preventive purposes;
they may not be aimed at modifying the genome of the patient's descendants.�
� �Law on Health Care� (10 December
1997)
����������� http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Geo&strTopicCode=IA
Section 142:
�(1) Human cloning
through the use of genetic engineering shall be prohibited.
(2) The State shall control research in the
field of genetic engineering in accordance with the law.�
� ������� �Federal Embryo Protection Law�
(1990) (Bundesgesetzblatt, Part 1, December 19, 1990,pp. 2746-2748)
����������� http://www.bmgesundheit.de/rechts/genfpm/embryo/embryo.htm (in German)
����������� Search http://www.bundestag.de/htdocs_e/index.html
�5. (1) Any person who
artificially alters the genetic information of a human germline
cell shall be punished by up to five years' imprisonment or by a fine.
(2) The same penalty shall be imposed on any
person who uses a human germ cell with artificially modified genetic
information for fertilization.
Clones
6. (1) Any person who artificially causes a
human embryo to develop with the same genetic information as another embryo, fetus, living person, or deceased person shall be punished
by up to five years' imprisonment or by a fine.
(2) The same penalty shall be imposed on a
person who transfers an embryo as specified in subsection 1 into a woman.
(3) Attempts shall be punishable.
Creation of chimeras and hybrids
7. (1) A penalty of up
to five years' imprisonment or a fine shall be imposed on any person who
attempts:
1. to unite in one syncytium embryos with different genetic information,
involving the use of at least one human embryo;
2. to combine a human
embryo with a cell that contains different genetic information from the embryo
cells, and which is capable of subsequent differentiation; or
3.
by fertilization of a human egg cell with the sperm of an animal or by
fertilization of an animal's egg cell with the sperm of a man, to produce an
embryo capable of differentiation.
(2) The same penalty shall be imposed on any
person who attempts:
1. to transfer an
embryo produced by a procedure as specified in subsection 1 into:
(a) a woman; or
(b) an animal; or
2. to transfer a human
embryo into an animal.�
�Definitions
8. (1) For the purpose of this Law, the term
"embryo" means the human egg cell, fertilized and capable of
development, from the time of fusion of the nuclei, as well as each totipotent cell removed from an embryo that is capable, in
the presence of other necessary conditions, of dividing and developing into an
individual�
� �Law No. 3089 on Medically Assisted
Reproduction� (2002).
Prohibits inter alia reproductive cloning.
(�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
�
� �Law No. 154 on public health� (15
December 1997).
Chapter VIII. Medical research on human subjects (Sections. 157-164). Under Section
162, research and manipulations aimed at or giving rise to changes in the
genetic heritage of the human being may only be carried out for preventive,
diagnostic, or therapeutic purposes and provided that, subject to the
exceptions referred to in subsections 1 and 2 of Section 182, the purpose of
such research or manipulation is not to modify the genetic heritage of a
person's descendants or to create a new individual.�
Art.
11: �Research on embryos
All research, experiments and operations on embryos is
prohibited.
Nevertheless, it is permitted to carry out research on embryos:
a) if it is part of an in vitro fertilisation treatment,
b) if the intention is to diagnose hereditary diseases in the embryos
themselves,
c) if the purpose is to advance the treatment of infertility, or
d) if the purpose is to improve understanding of the causes of congenital
diseases and miscarriages.�
Art. 12: �It is prohibited to:
a) cultivate or produce embryos solely for research purposes,
b) cultivate embryos for more than 14 days outside the body or once the
primitive streak has appeared,
c) transplant human embryos into animals, and
d) perform cloning.�
Art. 14: �Violation of the provisions of this
Act or of rules based on it entails fines or imprisonment of up to three months
under the terms of this Act.
Participation in such a violation shall entail the same penalties, unless more
severe penalties apply under other legislation.�
Article 22: �Any research, experiments and
operations on embryos shall be prohibited.
Nevertheless, it is permitted to do research on embryos:
a) if it is part of an in vitro fertilization treatment,
b) if the intention is to diagnose hereditary diseases in the embryos
themselves,
c) if the purpose is to advance the treatment of infertility, or
d) if the purpose is to increase understanding of the causes of innate diseases
and miscarriages.
It is prohibited to carry out research pursuant to points c) and d) unless it
meets the conditions of Article 1 (8) on scientific research and the approval
of the Scientific Ethics Committee or ethics committees has been obtained
pursuant to Article 29 of Act No. 74/1997 on the Rights of Patients.�
Article
23: �It is prohibited to:
a) cultivate or produce embryos solely for research purposes,
b) cultivate embryos for more than 14 days outside the body or once the
primitive streak has appeared,
c) transplant human embryos into animals and
d) perform cloning.�
� �Act on the Rights of Patients, No. 74/1997� (1997). http://brunnur.stjr.is/interpro/htr/htr.nsf/pages/lawsandregs
� ���� Constitution of
Article 40 (3.3�) �The State acknowledges the
right to life of the unborn and, with due regard to the equal right to life of
the mother, guarantees in its laws to respect, and, as far as practicable, by
its laws to defend and vindicate that right.�
The Constitution is interpreted as an implicit
prohibition on human cloning.
� �Assisted Medical Procreation Law�
(10 February 2004).
���������� http://www.parlamento.it/att/giornal/home.htm
(in Italian)
Article
13 of the law prohibits the prohibition of embryos solely for research purposes
or any other purpose not explicitly authorized in the law. It further prohibits
the �selection, manipulation or any other procedure directed at altering the
genetic patrimony/heritage of the embryo or the gamete.� This is to predetermine their genetic
characteristics, with the exception of diagnostic and therapeutic purposes
contemplated in article 13.2.�
����������� The law also forbids �cloning
interventions by means of nuclear transfer or early embryo splitting whether
for����� �����������
reproductive or therapeutic purposes.� (Author�s translation)
� �Law on Sexual and Reproductive
Health� (July 2002).
The Law on Human Reproductive and Sexual Health� regulates
human medically assisted reproduction and the protection of the embryo.� Article 16 of the law prohibits human cloning, or the use of medical techniques to create a human
being genetically identical to another, alive or dead; it also forbids the
creation of human embryos for research and therapeutic cloning.
Under the Act research
on human embryos may be authorized if the following conditions are met: absence
of alternative method, positive assessment of the scientific merit and ethical
acceptability by an authorized body, and informed consent of the donors.
There are
no regulations directly addressing human embryonic stem cells research and use,
but research on embryos in vitro is
allowed under Regulations of the Ministry of Welfare.
(Report on Human Embryonic Stem Cell Research,
Commission of the European Communities.
�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
� ������ �Law
on Ethics of Biomedical Research No. VIII-1679� (11 May, 2000)
����������� http://www3.lrs.lt/c-bin/eng/preps2?Condition1=148740&Condition2
Article 3:
�Objectives, Subjects and Characteristics of Biomedical Research
2. Human embryos
may be subjects only of clinical observations (non-invasion investigations).
Other clinical investigations involving human embryos and their creation for purposes of biomedical research shall be prohibited.
Human embryos may be subjected to such biomedical research where the medical
risks for the embryo are not disproportionate to the potential benefits.
3. Cloning
of a human being shall be prohibited.�
� �The Embryos Act� (July 2002).
����������� http://www.minvws.nl/documents/IBE/wetstekst/eng-embryowettekst.pdf� (in �� Dutch)
�The Embryo Act, which came into effect on 1
September 2002, sets conditions for and restrictions on the use of embryos and
gametes in the
People who have successfully undergone IVF treatment may donate the gametes or
embryos they no longer need to a third party to produce embryonic stem cells or
for scientific research. Out of respect for human life, the Embryo Act bans the
production of embryos purely for research purposes.
Certain conditions apply to scientific research. The results it is expected to
yield must be of medical importance. If there are alternative methods, they
must be used. Finally, all research programmes must be approved by the Central
Committee on Research involving Human Subjects (CCMO).�*
(*Ministry of Health, Welfare and Sports, The Embryos Act; 03/03/2003.
http://www.minvws.nl/en/themes/embryo_act/default.asp)
The Embryos Act prohibits human reproductive
cloning and strictly regulates research on embryos. Article 11 prohibits the
performance of scientific research with embryos created specifically for this
purpose. This prohibition shall not apply to scientific research which is
reasonably likely to lead to the identification of new insights in the field of
fertility, in the field of artificial reproduction techniques, in the field of
congenital diseases or in the filed of transplant medicine, and which can only
be performed by making use of embryos as referred to in the first sentence.
Article 24 prohibits the use of embryos
specifically created for scientific research and purposes other than the generation
of a pregnancy; performing procedures with gametes or embryos with a view to
the birth of genetically identical human individuals.
(�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
�
� �Law No. 100 on the use of
biotechnology in human medicine (the Biotechnology ���������� Law)� (5 December 2003,����������� amending
Law No. 79 of December 13 2002 and repealing Law No. 56 of 5 August 1994)
����������� http://www.lovdata.no/all/nl-20031205-100.html
(in Norwegian)
�3.1. Prohibition
of research on fertilized eggs, etc.
Research on fertilized eggs, human embryos, and cell lines cultured from
fertilized eggs or human embryos shall be prohibited.�
��3.2. Prohibition of the production
of human embryos by cloning, etc.
It shall be prohibited:
(a) to produce human embryos by cloning;
(b) to carry out research on cell lines cultured from human embryos produced by
cloning; and
(c) to produce embryos by cloning through the introduction of heritable
material from a human being into an egg cell of an animal.
Cloning means techniques for producing heritable identical copies.�
� ������ "Law
on Family Planning, Protection of Human Fetuses, and
the Conditions under which Pregnancy Termination is����������� Possible" (January 1993).
Prohibits human reproductive cloning.
((1993) 44: 2 Int. Dig. Hlth. Leg., 253.)
� �Opinion No. 21/CNECV/97 on the
Ethical Implications of Cloning,� National Council of Ethics for the Life Sciences
����������� (1 April 1997).
����������� http://www.cnecv.gov.pt/NR/rdonlyres/8EA5B11B-914D-4C81-B24F-DFEC00015EB0/0/P021Clonagem.pdf����������� (in Portuguese)
�2. The cloning of human beings, because of the
problems it raises concerning the human dignity, the equilibrium of the species
and life in society, is ethically unacceptable and must be prohibited.�
� �������� �Law on the Temporary Prohibition of
Human Cloning� (April 2002).
�
The
creation of �a human being, genetically identical to another one, dead or
alive, by means of implantation of a human body cell into a female gamete
preliminary deprived of it nucleus� is subject to a temporary 5-year ban.
The law also prohibits import and export of
human cloned embryos for the same period. Persons violating the law will be
prosecuted in accordance with the federal legislation. However, neither the
Criminal nor Administrative Code provides punishment for cloning acts.
(�National Legislation Concerning
Human Reproductive and Therapeutic Cloning,� UNESCO Division of the Ethics of
Science and Technology (
� �The Health Care Law� (1994).
Article 46: �Any intervention seeking to create
a human being genetically identical to another human being, whether living or dead, is prohibited.�
Research
cloning is implicitly prohibited under Article 42.3c) �research without medical
indication is not permitted on human embryos and fetuses.�
� Slovak Penal Code (Amended September
2003)
Article 246a.
�1) Any person who performs any intervention
seeking to create a human being in any stage of development genetically
identical to another human being, whether living or dead, shall be sentenced
from 3 to 8 years of imprisonment or shall be punished by a prohibition of
activity or pecuniary penalty.�
2) The perpetrator shall be sentenced from 5 to
12 years of imprisonment if he/she:
a) commits the criminal offence referred to in
paragraph 1 in the capacity of a member of an organised group;
b) �gains for
himself/herself or for other person no noticeable profit.�
�
������ The Patent Act No. 435/2001 Coll. (Amended by the Act
No. 402/2002 Coll. (11 November 2001).
����������� www.indprop.gov.sk/english/pravo/43501.pdf
�Article
6: �Exceptions to patentability
(2) Pursuant to paragraph 1(e) the following,
in particular, shall not be considered
patentable:
a) processes for
cloning human beings,
b) processes for
modifying the germ line genetic identity of human beings.�
� �The Law on Medically Assisted
Reproduction� (2001).
�
Penal Code (2002).
Human
cloning for reproductive, research or therapeutic purposes is forbidden as are
inheritable genetic modification procedures.
���������� Law No. 35/1988 on Assisted Human Reproduction
Techniques (22 November ��������� 1988,
modified by Organic����������� Law No.
10/995 of 23 November 1995 and amended ����������� by
Law 45/2003)
����������� http://noticias.juridicas.com/base_datos/Admin/l35-1988.html#a11
����������� http://noticias.juridicas.com/base_datos/Admin/l45-2003.html
(in Spanish)
The law No.35/1988 establishes in sections
�13.3(d) and 15.2(b) that �any therapeutic intervention, investigation or
research activity in pre-embryos in vitro,
pre-embryos, embryos and fetuses in utero, will be authorized only if such
intervention or activity does not alter its genetic make-up (in so far as it
does not contain any anomaly), or if it is not aimed to individual or race
selection�.
(Author�s translation)
Article 20.B: �The following are very grave
infractions:
k) The creation of identical human beings, by
cloning or other procedures for racial selection.
l) The creation of human beings by cloning in
any of its variations, or any other procedure that can initiate identical human
beings.
m) Parthenogenesis, or stimulating
the development of an ovum by any method, physical or chemical, without
fertilization by sperm, by solely feminine descent.
n) Sex selection, or genetic
manipulation that is not therapeutic, or is therapeutic but not authorized.� (Author�s translation)
���������� �Law No. 42/88 on the donation and
use of human embryos, fetuses and cells, tissues and organs� (28 December����������� 1988).
http://noticias.juridicas.com/base_datos/Admin/l42-1988.html(in
Spanish)
���������� Penal Code, Law No. 10/95, November 23, 1995
The Organic Law introduced in section II of the
Penal Code a Title V: Offences relating to genetic engineering, prescribing
criminal and civil sanctions for its violation.
The
Spanish Penal Code (Article 16 1,2) prohibits bringing about the birth of
identical human beings as a result of cloning or other procedures aimed at the
selection of humans.
�1. There will be a penalty of one to five
years imprisonment as well as ineligibility for public employment or office for
six to ten years for fertilizing a human ovum with any purpose other than human
procreation.
2. The same penalties apply for the creation of
identical human beings by cloning or other procedures directed at racial
selection.� (Author�s translation)
� Law No. 115 an Act concerning
measures for the purposes of Research or Treatment in connection with
Fertilized����������� Human Oocytes (1993).
�
The act implicitly
prohibits embryo and oocyte cloning.� It states that the purpose of experimentation
shall not be to develop methods aimed at causing heritable genetic defects.
Finally, the act imposes criminal sanctions for the violation of its
provisions.�
�(�National Legislation Concerning Human Reproductive and
Therapeutic Cloning,� UNESCO Division of the Ethics of Science and Technology (
� �������� Act No. 460 on Ethics Review of
Research Involving Humans (2003)
�
This statute and the in vitro Fertilization law of 1988 govern embryo research. Any
research, which seeks to genetically modify the embryo, is prohibited. The
statute implicitly prohibits embryo and oocyte
cloning with criminal sanction.
In December 2001, the Swedish Research Council declared that creating embryos
through somatic cell nuclear transfer for therapeutic purposes �can be
ethically defensible� which would require formulation or a legal framework by
the Swedish government.
http://www.vr.se/fileserver/index.asp?fil=LCK7HDEK3U6H
(�Report
on Human Embryonic Stem Cell Research,� Commission of the European Communities
(
� ������� Federal Act on Research on Surplus Embryos and Embryonic Stem Cells (Embryonic Research Act). (Approved by Referendum November 2004)
http://www.admin.ch/ch/f/ff/2003/7481.pdf (in French)
The
Act prohibits both the creation of embryos for research purposes (therapeutic
cloning) and cloning for reproductive purposes.
� �Federal Order on the revision of the
Federal Constitution� (December 1998).
����������� http://www3.who.int/idhl-rils/results.cfm?language=english&type=ByCountry&strRefCode=Switz&strTopicCode=IA
Article
119:
�(1) Human beings shall be protected against abuse with
regard to medically assisted procreation and genetic engineering.
(2) The Confederation shall legislate on the use of the human germline and genetic heritage. In doing so, it shall ensure
that human dignity, personhood, and the family are protected and that the
following principles are respected:
a. any form of cloning and any intervention involving the genetic heritage of
human gametes and embryos is prohibited;
�
�c. recourse to medically assisted
procreation methods may be authorized only in cases where sterility or the
danger of the transmission of a serious disease cannot be averted in any other
way, and not for the development of certain qualities in the child or for research;
the fertilization of human ovocytes outside the body
of a woman shall be authorized only under the conditions laid down by law; only
the number of human oocytes that may be immediately
implanted may be developed to the embryo stage outside the body of a woman;
�e. there may be no trade involving human
germline material or products resulting from
embryos.�
� ���� "Federal Act on Research on Surplus Embryos and Embryonic
Stem Cells(Embryonic Research Act),� Swiss Government (8 April 2004). �http://www.admin.ch/ch/f/ff/2003/7481.pdf
(in French)
Article 3: �Forbidden practices
1.
It
is forbidden to:
a.
produce
an embryo for research purposes (art. 29 para 1 of
the law of 18 December 1998 on Medically Assisted Procreation), produce stem
cells from such an embryo or use such stem cells;
b.
modify
the hereditary patrimony of germ cells (art. 35, para
1, of the law of 18 December 1998 on Medically Assisted Procreation), produce
embryonic stem cells from an embryo whose germline
was modified, or use such cells;
c.
create
a clone, a chimera or a hybrid (art. 36, para 1, of
the law of 18 December 1998 on Medically Assisted Procreation), produce
embryonic stem cells from a clone, a chimera or a hybrid, or use such cells;
d.
develop
a parthenote, produce embryonic stem cells from a parthenote, or use such cells;
e. import or export an embryo of the kind
described in a. or b., a clone, a chimera, a hybrid or a parthenote.�
(Author�s translation)
Section 5: Penal Provisions
1. produced embryonic stem cells from
an embryo created for research purposes, from an embryo whose genetic patrimony
was modified, or from a clone, a chimera, a hybrid or a parthenote,
used such cells or imported or exported such an embryo, clone, chimera, hybrid
or parthenote (art. 3, para
1).� (Author�s translation)
� �Regulation on In Vitro Fertilization
and
Prohibits human reproductive cloning.
� Ban on Human Reproductive Cloning Bill (January 2004)
The Bill prohibits human reproductive cloning but cloning for research or therapeutic purposes was not included in the Bill.
� �Human Reproductive Cloning Act
2001,� UK Stat. 2001 c23 &1, (in force 4 �� December
2001).
����������� http://www.legislation.hmso.gov.uk/acts/acts2001/20010023.htm
Article
1: �The offence
(1) A person who places in a woman a
human embryo which has been created otherwise than by fertilisation is guilty
of an offence.
(2) A person who is guilty of the
offence is liable on conviction on indictment to imprisonment for a term not
exceeding 10 years or a fine or both.
(3) No proceedings for the offence may
be instituted-
(a) in
(b) in