Legal regimes for using human embryos for scientific purposes in the light of the international bodies’ practice

Abstract

The research on human embryos evolves rapidly, raising a number of ethical and legal issues and directly affecting human rights. Approaches to the legal regulation of human embryo research differ significantly from country to country. Some of them employ prohibitive practices (e.g. Switzerland and Italy), and the others have a regime that allows using embryos for scientific purposes with restrictions of different extent (e.g. the UK and Japan). There is no the international consensus on the issue of human embryo research. The objective of the article is to find out whether there are positions of the international bodies that may become or have already become the general guidance for different countries, allowing therefore to regulate effectively the use of human embryos for scientific purposes.

The conclusion is drawn that there are positions of international bodies that may serve as the guidance within the regulation of the area concerned. States may enjoy a wide margin of appreciation within the framework of human embryo research regulation, considering the need to update their regulations regularly to harmonize them with the development of human rights and scientific progress and also to ensure a certain level of the embryo protection.