Η χρήση βλαστοκυττάρων ως ζήτημα της βιοηθικής και του δικαίου
Βερίγου, Μαρία Ζ.
Βλαστοκύτταρα -- Δίκαιο και νομοθεσία Βιοηθική Stem cells -- Law and legislation Bioethics
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The rapid progress and the prospects of the biotech applications (either as Molecular Biology or Molecular Genetics) concerning both laboratory manipulation of genetic material as well as interventions in it, highlighted serious problems of ethical and legal order, which is doubtful whether that can be confronted by traditional measures. At the same time, these issues concern not only interested citizens or biologists, but law scientists, too. While such applications on this specific scientific field – apparently, at least - seem to be able to redeem a large number of ill persons by enhancing medical procedures and treatment, concurrently they create a variety of problems of constitutional, civil, commercial and criminal law, grown and strengthened from fear and anxiety. The risks of abuse of freedom of science are more than obvious. Such obvious are, however, the positive developments in the promotion of human health. Horrific eugenic crimes in violation of fundamental rules of science and humanity in general have caused -in the course of history- intense social condemnation and outrage, when at the same time, the positive results of lawful genetic experiments are accepted with enthusiasm and hope (with reservations of course) for the evolution of therapies in very serious diseases such as cancer, thalassemia disease or Parkinson.In any case, medical advances make it imperative, setting serious legal issues relating to the conduct of research or patenting in these areas, especially when it comes to stem cell research, the news of which is exponential. The views on this kind of practices and methods are many and conflicting with each other, since on the one hand, the laboratory results at least (and some recent cases of timeliness) verify the importance of these cells and, on the other hand, the reasons for the prohibitions start from ethical issues arising from these applications, taking into account that some of the cells are derived from embryos produced in vitro fertilization techniques. Therefore, the possible use of stem cells in both research and treatment is connected to the aspect that will eventually be adopted about the initiation of human life and the need (or not) of differentiated protection already from the moment of fertilization.In Greece, the competent advisory body, the National Bioethics Committee, has expressed itself basically in favor of stem cell research, as well as of the use of them. It has even formulated principles for the manner and conditions of exploitation, but serious legal issues raised by this research are yet not disappeared.In this thesis, an approach to biotechnology concept of stem cells in conjunction with the newly introduced concepts of bioethics and biolaw is attempted. This is because applications and scientific research related to this specific current practice that draws its origins from the fields of biology, have caused intense debate, not only for itself, but also for practical limits of science, with moral, legal, social and scientific arguments. Moreover, within this thesis, a report of the concentrated national legislation regulating the above biological applications and a mapping of the debate on the protected by law subject are attempted. Also, an approach of the concerns of individual juridical sectors takes place, which means that the use of stem cells is examined from the standpoint of vested constitutional rights, Civil, Commercial and Criminal Law. The aim is to form a complete as possible picture and scientific point of view with respect to the controversial stem cells and the arguments for and against their use.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ποινικό Δίκαιο και Θεωρία του Δικαίου, 2013