On the German Debate on Human Embryonic Stem Cell Research

Abstract

Germany since 1990 has one of the strictest human embryo protection laws, yet according to the Stem Cell Act of 2002 allows, under strict conditions, the import and use of human embryonic stem cells (hESC) for high priority research goals. The author tries to show how this is taken to be coherent by the parliamentary majority (though not necessarily by the general public) in Germany. In doing so, he firstly looks into the chronicle of the debate in Germany showing its different stages since 1999, then dwells upon the relation between the law and the role of ethics in this issue, and thirdly presents the two fundamentally different positions of the German debate, that is, that the human embryo created for IVF purposes is a human being and stands from its very beginnings under the constitutional principles of respect for, and protection of, human life versus the position that before being implanted the human embryo may become a human being and therefore belongs to the human species only potentially, so that its right to life protection may be assessable over against other high priority goals, such as research aiming at possible help for patients with life-endangering diseases. In spite of the Stem Cell Act of 2002, the debate of the German general public goes on, especially due to the recent EU 6th Research Framework Program which plans to also fund hESC research.

Neither Convention nor Constitution—What the Debate on Stem Cell Research Tells Us About the Status of the Common European Ethics

“…What happens when a member state rejects stem cell research and prohibits it domestically, but the EU passes a common research project to be financed jointly by all member states, including those who have rejected it for their own countries? (Beckmann, 2004).…”

“…One of the particularities of the German context is that, contrary to the British context, it has very strict laws regulating research on human embryos, while at the same time, under the Stem Cell Act of 2002, allowing under very specific conditions (high priority: enlargement of medical knowledge and gaining scientific knowledge for the sake of human beings; absence of alternative; Beckmann, 2004), the use of human embryonic stem cells for research.…”

“…This collection of essays suggests that despite some variations (see, for instance, Beckmann (2004)) there are two main conflicting views about the moral and ontological status of the human embryo. Contrasting the two fundamental standpoints in the stem cell debate reveals two different views of human life and the protection of life (Schmidt, 2003).…”

Stammzelltherapie

“…Schließ-lich ist der Einsatz von humanen embryonalen Stammzellen in Differenzierungsbzw. Transplantationsprotokollen beim Menschen wesentlich durch ethische Bedenken und damit zusammenhängende gesetzliche Vorgaben limitiert [2].…”

Analyzing Social Policy Argumentation: A case study on the opinion of the German National Ethics Council on an amendment of the Stem Cell Law

“…While diverging policies were adopted internationally, the German debate on consumptive embryo research and its legislative result have remained peculiar (Beckmann 2004, Braun 2005, Curzer 2004, Geyer 2001, Knoppers et al 2008, Krones 2006, Schmidt et al 2004). Up to 2002, public and parliamentary debate had not resulted in a consensus on the ethical and legal permissibility of hESCR.…”