Study Commission on Law and Ethics in Modern Medicine of the German Federal Parliament

On 12 November, 2001 the Study Commission of the German Federal Parliament "Law and Ethics in Modern Medicine" stated in its "Second Interim Report: Subject Report on Stem Cell Research" that "legal authorisation for obtaining stem cell lines from so-called 'surplus' embryos through modification of the standard of protection afforded by the Embryo Protection Act [cannot] be recommended". It affirmed that the high protection level of the German Embryo Protection Act should be retained. According to the Commission, obtaining stem cells from embryos in a manner that accepts the destruction of human life cannot be justifiable. As far as the importation of human embryonic stem cells is concerned, the Study Commission set out two lines of reasoning.

A condition that both lines of reasoning have in common is that the necessary regulations must apply equally to the public and private sector.

Line of reasoning A: the use of human embryos for research purposes is ethically unacceptable and not adequately justified from the scientific standpoint because the necessary basic research can also be conducted using stem cells of another origin. The Commission opposes the importation of human embryonic stem cells; all avenues for avoiding such importation are to be exhaustively explored (26 of the 37 Commission members voted for A).

Line of reasoning B: it appears open to question whether a complete ban on the importation of human embryonic stem cells can be justified on the basis of constitutional law or European Union law. Therefore, importation "under strict conditions" and monitored by a "transparently operating government-authorised control instance" within the scope of careful ethical deliberation can be tolerated. These strict conditions include limiting importation to already existing stem cell lines, "explanation of the appropriateness, necessity and commensurability of the research project for which import authorisation is sought" and documentation of the donor couple's informed consent (12 of the 37 Commission members voted for B; one member voted for both options.

Second Interim Report of the Study Commission on Law and Ethics in Modern Medicine: Subject Report on Stem Cell Research (21 November, 2001). Online Version (German)

Abridged version of the interim report on stem cell research with a focus on the problem of importation (12 November, 2001). Online Version (German)

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