La fine del concetto di “pre-embrione” nella Convenzione di Oviedo / The end of the concept of “pre-embryo” in the Oviedo Convention

2018 ◽  
Vol 66 (6) ◽  
pp. 735-745
Author(s):  
Carlo Casini ◽  
Marina Casini

Il contributo si sofferma sulla questione riguardante la ricerca scientifica sugli embrioni generati in vitro. L’articolo 18 della Convenzione riguarda specificamente la sperimentazione sull’embrione in vitro e per questo esso è sottoposto ad una riflessione particolarmente approfondita. L’obiettivo è quello di capire se dalla Convenzione emergono linee idonee a definire lo statuto giuridico dell’embrione umano. Gli Autori concludono nel senso che nonostante il concetto di pre-embrione (formulato proprio per teorizzare l’insignificanza dell’embrione umano nei primi 14 giorni dalla fecondazione) sia stato accolto in alcune leggi e abbia implicitamente guidato l’interpretazione di alcuni aspetti relativi alla valutazione del valore dell’embrione, la Convenzione di bioetica lo ha definitivamente respinto con il massimo di autorevolezza. La conclusione è raggiunta attraverso l’esame dell’art. 18 considerandone anche la precedente formulazione contenuta in una bozza; mediante una interpretazione sistematica della Convenzione che esige il riconoscimento del concepito, fin dalla fecondazione, come un “essere umano”; esaminando i contributi preparatori elaborati dalla Assemblea Parlamentare del Consiglio d’Europa e del Parlamento Europeo; prendendo in considerazione gli sviluppi della Convenzione di Oviedo con specifico riferimento al tema del pre-embrione. L’indagine si avvale poi anche di ampi riferimenti alla giurisprudenza della Corte europea dei diritti dell’uomo del Consiglio d’Europa, alla giurisprudenza della Corte di Giustizia dell’Unione Europea, ad alcune recenti decisioni della Corte Costituzionale italiana. ---------- The paper focuses on the question concerning scientific research on human embryos generated in vitro. Article 18 of the Oviedo Convention specifically concerns the experimentation on the in vitro embryos and for this reason it is subject to a particularly in-depth reflection. The goal is to understand if the Convention shows suitable lines to define the legal status of the human embryo. The authors conclude that despite the concept of pre-embryo (formulated to theorize the insignificance of the human embryo in the first 14 days of fertilization) has been accepted in some laws and has implicitly guided the interpretation of some aspects related to the evaluation of the value of the embryo, the Bioethics Convention definitively rejected it with the utmost authority. The conclusion is reached through the examination of the art. 18 also considering the previous formulation contained in a draft; through a systematic interpretation of the Convention which requires the recognition of the conceived, from the moment of fertilization, as a “human being”; examining the preparatory contributions prepared by the Parliamentary Assembly of the Council of Europe and the European Parliament; taking into consideration the developments of the Oviedo Convention with specific reference to the theme of the pre-embryo. The investigation also makes use of extensive references to the jurisprudence of the European Court of Human Rights of the Council of Europe, to the jurisprudence of the Court of Justice of the European Union, to some recent decisions of the Italian Constitutional Court.

2015 ◽  
Vol 13 (2) ◽  
pp. 45-67
Author(s):  
Andrzej Kobyliński

In April 2014 The Constitutional Court in Italy was called to judge parts of the Law 40/2004 and canceled the prohibition of the methods of heterological artificial reproduction. !is decision opened a new stage of the public dispute about artificial reproduction that has been held in Italy for the last 20 years. The most significant principle of the legislation from the year 2004 was the recognition of the human embryo as a human being from the very moment of conception. The law in Italy forbade, among others, producing human embryos for scientific purposes, freezing and destroying human beings. The opponents of such legal regulations evoked the nationwide referendum in 2005 which did not manage to repeal the operative legislation. In 2015 the Italian Parliament will adopt a special law regulating the use of the methods of heterological artificial reproduction.


2020 ◽  
Vol 16 (2) ◽  
pp. 69-80
Author(s):  
Анастасия Пестрикова

At the present stage of the development of genetic engineering, the question is raised about the legal status of a human embryo in connection with the commercialization and patenting of parthenogenetic embryonic stem cells. Aim: the article considers the main directions of developing criteria for distinguishing between cellular substances included in the definition of a human embryo, taking into account the latest achievements in the field of genetic engineering and judicial practice of the European Union. Methods: the author uses a comparative analysis of the main scientific achievements in the field of genetic engineering and emerging international practice of legal research in this field. Results: the author proves the importance of distinguishing between the definition of the concept of an embryo in terms of biology and genetics, and the consolidation of legal status and the need for legal protection, in order to avoid abuse of law and evasion of law in the commercial use of human stem cells and human embryos.


2021 ◽  
pp. 35-43
Author(s):  
O. V. Shurygina ◽  
G. B. Nemkovskiy ◽  
D. Y. Rusakov ◽  
D. S. Gromenko ◽  
M. I. Taxants ◽  
...  

Relevance: Currently, it is extremely important to identify predictors of the development of a competent embryo that determine its implantation potential. In this case, the predictors are predictive parameters that should be assessed together to rank and select human embryos. We introduced the concept of «human embryo morphodynamic profile» to standardize the description of the development of human embryos cultured in vitro. We identified a set of morphokinetic states that are included in the profile and located on the time scale depending on the moment of their registration. All timing cutoffs (points) are given in chronological order relative to the moment of fertilization. The purpose of the study was to implement an information system utilizing artificial intelligence technologies for an automated formation of the morphodynamic profile of a human embryo based on time-lapse photography of the process of human embryo cultivating to the blastocyst stage. Materials and methods: Visual information about the pre-implantation development of human embryos to the blastocyst stage (0 - 6 days from insemination) was collected using an «Embryovisor» incubator for IVF laboratories with a time-lapse (hyperlapse) video fixation system (LLC «WESTTRADE LTD,” Russia). The embryos were cultivated individually in special microwells of WOW dishes (Vitrolife, Sweden). Visual information about cultured human embryos was collected, marked, and prepared at the Laboratory of assisted reproductive technologies (ART) of the Clinical Hospital IDK CJSC “Medical Company IDK” (Group of Companies “Mother and Child,” Samara, Russia) and the medical center “Semya” (Ufa, Russia). The morphodynamic profile was marked using the EmbryoVisor software (customized version). Graphics and markup information was uploaded to the SberCloud cluster. A convolutional neural network for solving the multiclass classification task was implemented on the Christofari supercomputer of the SberCloud cluster. Results: Based on the available database, we have developed a system for forming the morphodynamic profile of a human embryo, taking into account the placement of markers of fixed morphokinetic states. Conclusion: The ability to record major morphodynamic events and assess them allows a more comprehensive approach to evaluating and ranking developing embryos and selecting the most promising embryo for implantation.


Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all ,

Сurrent problems and prerequisites for the formation of the legal regime of pre-implantation genetic diagnosis (PGD) are considered in Russian legislation with account the existing approaches to determining the legal status of a “pre-implantation” embryo obtained in the framework of the in vitro fertilization procedure (IVF) are discussed. The authors substantiates the conclusion that it is necessary to legally determine PGD as one of the stages of using IVF, as well as establishing generally binding requirements for the procedure, conditions and features of this diagnosis, taking into account the need to minimize the damage caused to the human embryo.


2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.


Author(s):  
Rafael Bustos Gisbert

El artículo examina los documentos elaborados sobre independencia judicial por distintos órganos del Consejo de Europa. Tiene en cuenta la diferente aproximación en los mismos antes y después de la crisis del Estado de Derecho en algunos de los Estados europeos a partir de 2010. Tras resumir los estándares básicos elaborados en tales textos, se estudia su influencia en el Consejo de Europa y en la UE. En el primer sentido se examina su presencia en la jurisprudencia del TEDH. Respecto a la UE se examina el modo en que ha condicionado la labor de la Comisión en la supervisión del respeto al Estado de Derecho por los Estados miembros desde que comenzara a usarlos para evaluar las candidaturas de los países del Este a ingresar en la UE a finales del pasado siglo, hasta su incorporación al Informe sobre el Estado de Derecho en la UE aprobado en octubre de 2020.This essay focuses on the documents on judicial independence drafted by Council of Europe bodies. It takes into account its diverse approaches before and after the rule of Law backsliding in some European States since 2010. The basic standards elaborated are summarized. Its influence is addressed both at the Council of Europe and at the European Unión. In the first sense it examines the influence of this soft law in the European Court of Human Rights case law. Secondly it focuses in the way it has conditioned the European Commission task of monitoring the effectiveness of rule of law in EU member states. This influence began when they were used to evaluate the candidatures of Eastern European countries to join the EU at the end of the last century but it has kept inspiring the Commision’s activities until the Report on Rule of Law issued in October 2010.


2021 ◽  
Vol 16 (31) ◽  
pp. 7-22
Author(s):  
Krisztina Bányai

According to the well-developed interpretation of the principle of the ne bis in idem in the case law of the Court of Justice of the European Union and the European Court of Human Rights, the same conduct cannot be the subject of two proceedings or santions with similar functions and purposes. In Hungary the Constitutional Court has interpreted the rules of the ne bis in idem in administrative and criminal procedure for animal welfare fine and sanctions for cruelty to animals in Decision 8/2017. (IV.18) AB and the legislator settled its rules in Act on administrative sanctions which came into effect from the 1st of January, 2021. The recent study through practical issues approaches how principle prevails, its problems and possible solutions in the field of unlawful conduct in animal welfare, in particular regarding the role of the prosecutor.


2013 ◽  
Vol 10 (1) ◽  
pp. 65-73
Author(s):  
Judit Vörös

Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.


2017 ◽  
Vol 9 (1) ◽  
pp. 34-67
Author(s):  
Antonia Baraggia ◽  
Maria Elena Gennusa

Abstract International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication.


Author(s):  
Greer Steven

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Cooperation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights and the EU Charter of Fundamental Rights.


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