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13.1 The legal and moral status of the human embryo continues to attract controversy. For the devout Roman Catholic and many others, life is given by God and begins at conception, thus the deliberate destruction of an embryo, be it in the course of embryo research, or by abortion, is the equivalent of killing you or us. The destruction of the embryo can only be justifiable, if at all, where the mother’s life is at risk. Even in such a case, abortion is still not lawful in some countries. 1 In 2010, three women went to the European Court of Human Rights
15.1 The status of the embryo and embryo research 1 The legal and moral status of the human embryo continues to attract controversy. For the devout Roman Catholic and many others, life is given by God and begins at conception, thus the deliberate destruction of an embryo, be it in the course of embryo research, or by abortion (which we
The international growth and influence of bioethics has led some to identify it as a decisive shift in the location and exercise of 'biopower'. This book provides an in-depth study of how philosophers, lawyers and other 'outsiders' came to play a major role in discussing and helping to regulate issues that used to be left to doctors and scientists. It discusses how club regulation stemmed not only from the professionalising tactics of doctors and scientists, but was compounded by the 'hands-off' approach of politicians and professionals in fields such as law, philosophy and theology. The book outlines how theologians such as Ian Ramsey argued that 'transdisciplinary groups' were needed to meet the challenges posed by secular and increasingly pluralistic societies. It also examines their links with influential figures in the early history of American bioethics. The book centres on the work of the academic lawyer Ian Kennedy, who was the most high-profile advocate of the approach he explicitly termed 'bioethics'. It shows how Mary Warnock echoed governmental calls for external oversight. Many clinicians and researchers supported her calls for a 'monitoring body' to scrutinise in vitro fertilisation and embryo research. The growth of bioethics in British universities occurred in the 1980s and 1990s with the emergence of dedicated centres for bioethics. The book details how some senior doctors and bioethicists led calls for a politically-funded national bioethics committee during the 1980s. It details how recent debates on assisted dying highlight the authority and influence of British bioethicists.
11 The donation of embryos for research: maintaining trust Heidi Mertes Background There are few areas of research that are as contentious as research on human embryos. Even within Europe, very diverse policies have been developed in regard to embryo research. Some countries – such as Germany, Ireland and Poland – strictly prohibit the destruction of embryos in research, based on the argument that embryo research violates the dignity of human life and/or conflicts with religious teachings. Other countries – such as the UK, Sweden and Belgium – not only allow
. Many clinicians and researchers agreed that oversight would make their work ‘socially palatable’ and supported Warnock’s calls for a ‘monitoring body’ to scrutinise IVF and embryo research.3 Like Kennedy, then, Warnock both responded to and helped to generate the demand for bioethics, contributing to the public and political construction of the ‘audit society’. Despite the similarity in their arguments, Kennedy and Warnock promoted bioethics for different reasons. While Kennedy’s endorsement drew on his encounters with civil rights politics and American bioethicists
taking policy U-turns at times of controversy so as to silence criticism (Zhang, 2017 ). For example, as demonstrated below, despite first being celebrated domestically as ‘a big step forward’ for science, China effectively banned hybrid embryo research within days of it meeting international disapproval. A lack of regulatory clarity and consistency still looms over Chinese scientific practitioners and the biomedical industry, causing disruption (Zhang, 2017 ). As such, it is arguably more accurate to describe Chinese policy rationales as ‘passive’ rather than
Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up.
In this highly acclaimed and very accessible book Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy.
The sixth edition of this book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity.
Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised with 100 new cases and three new chapters. It has been updated to cover the latest cases, from assisted dying to the medical treatment of children; Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
research occupied a very low status in the hierarchy of priorities in the 1980s, under the Conservative government. 54 The pro-science Labour government came into power at a pivotal point in the relationship between politicians, scientists and the British public. During the Conservatives’ period in office, embryo research had become a possibility, and many people were excited about the new avenues for exploration that this might open. Scientists had assumed that the
demand for rights depends.5 By this Warnock implies that by being human we necessarily partake of a moral domain but the thought is underdeveloped; and Harris is right to pick up on it. As an acknowledged supporter of in vitro fertilisation and embryo research,6 Harris rejects this view and denies that there is any necessary connection between being human and having moral status. Harris attacks the notion of resemblance, denying the moral significance of resemblance at the level of biology (Warnock’s claim) or because of resemblance in appearance as, for example