Authorisation for research on the embryo
The text is intended to authorise research on supernumerary embryos which are currently frozen, (article L.2151-3), « which have been abandoned by their parental project and which are devoid of any recipient couple ».
Authorisation to create embryos for the purpose of research
It is not only research on supernumerary embryos which has been authorised, but also the conception of embryos for the purpose of research, as stipulated in article L.2151-2 : « In-vitro conception of human embryos for research purposes is prohibited, without prejudice to the stipulations of article L.2141-1 ». But article L.2141-1, which covers the evaluation of new MAP techniques, ends as follows : « On completion of the evaluation process, the embryos conceived through this evaluation must not be preserved, transferred, or incorporated into a research project covered by article L2151-3 ». Thus, although in-vitro conception of human embryos for research purposes is declared as prohibited, authorisation is given for the creation of embryos in order to evaluate new medically assisted procreation techniques.
Rejection of cloning
« Any practice intended to give birth to a child or to develop an embryo which is not directly descended from the gametes of a man and a woman, is prohibited ». This therefore raises the question of prohibition of reproductive cloning and so-called therapeutic cloning.
The opening for cloning
The text of article 15 is not uninteresting. The proposed prohibition covers «
any intervention » whereby the final objective is the birth of a child or the development of an embryo, without specifying its nature. This would therefore cover all acts which make a birth possible or which would enable an embryo to develop, whether
in-vitro or in-vivo. During the debate on 17th January, Amendment 74 was tabled in order to prohibit even more explicitly the conception of embryos obtained by this technique. But Amendment 74 was withdrawn by the then Reporter, before being picked up again by M. Mattéi, and finally thrown out. The text adopted is therefore that which prohibits only the « development » of an embryo obtained through cloning. Articles 21 and 22 also prohibit only the « development » of a human embryo obtained through cloning. In consequence,
the law does not strictly speaking prohibit the conception of an embryo, i.e. the development of a cloning
technique, without subsequent development of the embryo. |
Authorisation for research on the embryo
The Minister of Health does not wish to question the principle established by article 16 of the civil code which « guarantees respect for human beings from the very beginnings of life
». He considers that the embryo may only be the subject of a study if its integrity is respected and if the research is conducted in its own interests.
Stating that medicine had always made progress through successive transgressions, he also admits that
research may be undertaken on embryos conceived in-vitro in the context of medically assisted procreation (MAP) and for which there remains no "parental project". The « legitimacy » of such research will be re-examined in five years time. He explained that the therapeutic prospects of embryonic stem cells still appear a long way off, but considers that research should be pursued in parallel on embryonic cells and on adult cells, France must distinguish itself by a major commitment to research on adult stem cells.
Rejection of the creation of embryos for research
The creation of human embryos for research purposes should remain firmly prohibited and severely punished. J.F. Mattéi considered that the possibility, introduced by the National Assembly, for the creation of embryos for the evaluation of new MAP techniques is unacceptable and incidentally contrary to article 18 of the Oviedo Convention.
Rejection of cloning
J.-F. Mattei rejects therapeutic cloning which he considers as «
opening the door to reproductive cloning ». In order to prevent any temptation for reproductive cloning, he wishes to introduce in the penal code, a new crime called « Crime against the dignity of a human being », which would be aimed at reproductive cloning and eugenic practices tending towards the organisation of selection of humans.
Patents for parts of the human
body,
Jean-François Mattei explained that France, in order to comply with the stipulations of article 5 of European Directive 98-44/CE, must find a legal wording to avoid a patent from preventing research scientists from conducting research into new applications of molecules, genes or other parts of the human body which are already covered by a patent.
Ref : 1 – Senate statement concerning the declaration by M. Mattéi, on the proposed law No.189 (2001-2002) on bioethics. |
