Ethical and Legal Debate and Implications of Stem Cell Research - Essay Example

ETHICS IN STEM CELL RESEARCH By: + Ethics: implications of stem cells research New scientific research shows that human stem cells can bring a drastic change in the field of medicine by treating some of the most stubborn diseases today. It can also give some insight of the missing links of life by showing how can emerge from a single cell into a more complex and independently functioning organism. Stem cell research entails recent approaches for analysis of disease mechanism, drug invention, and innovation, replacement therapies for genetic, malignant, and degenerative disorders that limit the life. With stem cell technology, it is certain that various solutions in terms of knowledge, skills, and awareness of long standing diseases will be found, as research done by Sandel (2004) reveals. Goals of stem cell research are highly acceptable in the biomedical field since it is very prolific and realistic using scientific based knowledge to enhance the medical field. The International Society for Stem cell Research (ISSCR) accepts and cultures ideas and proposals from stem cell scientists in an attempt to promote scientific research, knowledge development, and further education in this broad field. Besides encouraging use of accurate and precise use of stem cell research terminologies, the ISSCR actively takes part in educating researchers and the general population in appropriate usage of terms and meanings to avoid conflicting use of certain terms (Sugarman 2008). It also evaluates the importance of conducting stem cell research for a specific reason in the medical field. In an effort to streamline, the optimistic practice there must be several ethical and legal considerations otherwise the whole practice can be detrimental and demeaning to human life and rights (Doerflinger 2010). Ethics remains in connection to scientific and therapeutic importance as well as integrity while laws are concerned with patient’s accessibility to the services and safety; it is more of governmental responsibility to enact laws. Stem cell research has limited practice in most countries in the world with a few exceptions that meet the requirements and standards of undertaking the research. In United Kingdom for instance, stem cell research is crucial and the practice governing is via various legislations and ethical considerations. It has an elaborate and well-build regulatory scheme for stem cell research (Daley et al. 2007). Several reasons justify stem cell research in the UK, the Human Fertilization, and Embryology Act formed in 1990 and the recently formed Human Fertilization and Embryology Regulations of 2001 have clearly outlined the uses for stem cell research. there is need to promote remedy of infertility, to build on knowledge on the causes of congenital ailments, to understand causes of premature births, to bring up new contraceptive methods, for diagnosis and detection of chromosomal abnormalities, to better the understanding on embryonic development and coming up with cure for dangerous diseases. It is a requirement that the Human Fertilization and Embryo Act (HFEA) must approve utilization of embryo in stem cell research. Licensing performance occurs after the HFEA has ascertained that the intended use of embryo is utterly important for the aim of research. Only in vitro embryos are useful in stem cell research, for this case UK utilizes residual embryos meant for fertility treatment. Research is only allowed to take place on an embryo for not more than 14 days; isolation of blastocyst is done on either the fifth or the sixth day falling in the required time bracket. The need to come up with hybrid organisms that required a blend of animal and human cells prompted the 2008 amendment that allowed the HFEA the authority to issue license. However, animal cells are to be used in very limited amount. Consequently, there exist true chimeras and transgenic human embryos (Wert 2003). To restrict unscrupulous use, the license is only given to researchers that have a well-defined purpose since human cloning in the UK is unlawful. In 2001, the Human Reproductive Cloning Act prohibited the use of cell nuclear replacement to have a child. One significant legal provision is The Human Tissue Act was created in 2004 which governs the use of human materials that entails storage utilization and harvest of human tissue and cells officiated by the Human Tissue Authority. The moral status of an embryo being used for stem cell research presents a heated debate on the significance of human ethical principles. Several faith based groups such as the Catholic Church and some humanitarians argue that depriving embryos moral rights such that they are not treated as other human beings is unethical. Life begins at conception and equal to a fully-grown up human (Health 2009). Though the resulting medical treatments are impressive, it is controversial to save one life at the expense of the other. Regulators of stem cell research work jointly to deliberate on the course of scientific advancements and researches. For instance, HFEA, Medicines, and Healthcare products Regulatory Agency (MHRA) form a well-established system of regulation. However, the battle between the duty to alleviate suffering and the duty to respect value of human life is still rife. Ireland is also known for conducting stem cell research without regulations; it also does not have specific governmental laws and regulations that modify stem cell research. This is quite controversial, as stem cell research had been illegalized by the Irish constitution earlier on. In 2009 both the Supreme Court and the high court agreed that embryos created in vitro are not constitutionally protected only those developing in vivo, having equal rights like a fully grown person. Initially in 2008, a parliamentary bill was introduced to prohibit embryo research failure to which lethal actions would be taken. Differently from the expectations, the bill never became a law (Carvalho & Ramalho-Santos 2013). The Human Tissue Bill introduced in 2008, which intended to impose regulation of removal of human tissue, and storage did not mature into a law. Following closely in 2009 the Medical Council imposed a ban on medical personnel from using human embryo created in vitro for research purpose. In 2002, the Irish Council of Bioethics (ICB) was made to address various issues concerning scientific and technical considerations of the stem cell research. Special interest focused on to what extend the practice will affect human life not only physiologically but socially as well (McLaren 2001). The debate on ethics and morals that surround human life are so complex and protective such that any medical research and test involving human tissues and organs must undergo critical analysis and given a legal framework to protect basic rights and dignity. ICB was dissolved in 2010 due to financial limitations which the Irish government could not timely address. Before its dissolution, the ICB advocated for a well-refined system of regulation through issuing of licenses and vigilant monitoring of stem cell research programs that particularly involved use of embryos in the country. This led to using embryos for research for a time span of only 14 days after which no further research was to be conducted using that particular embryo. Several scholars in Ireland have contributed towards the controversial use of embryos for stem cell research by purporting that full moral status can be fully attained in a later stage of embryonic development. As the embryo develops, it acquires ability to discriminate pain from pleasure together with enhanced mental capability. These vital elements are used to defining moral status. Once the embryo attains these humanistic characteristics it is imperative to accord them the rights and dignity just like any other human being. Perhaps this is the same reason why studies and research are only to be conducted on an embryo for not more than two weeks. According to the sixth edition of the Medical Council “A Guide to Ethical Conduct and Behaviour”, it is a requirement that any fertilized ovum must be implanted in the uterus and not be intentionally destroyed. It is considered a professional misconduct to create an embryo in-vitro only for research purpose after which it is intentionally destroyed. Regardless of this strict regulation, the Medical Council is more concerned with the scientists and physicians who in most cases are not compelled by guide. This in other words affirms that Ireland lacks specific regulations and laws on stem cell research control and practice. Ethics on stem cell research Apparently, each step in stem cell research must be closely monitored by international ethics that protect human life and prevent violation of basic rights such as the right to life. The Ethics of destroying Human Embryos for research address some important questions that include the stage of human conception, the embryonic moral status, and destruction of research embryos. Embryos are viewed as not different from human beings only that they are young and have not attained full maturity (Wert 2003). Worldwide it is scientifically recognized that human life begins at the time of conception-fusion of the ovum and the sperm to for a zygote (Kilner 2009). Once fertilization has taken place, the embryo is considered a full human being that must receive protection from untimely termination. Relating stem cell research and these findings, it becomes an ethical question if it is advisable to use human embryos for research. Though the purpose for research is credible, the need to protect and respect developing life is even more crucial (Tasoglu & Demirci 2013). Basing on the moral status of human embryo, it is on perception that a 5-day-old embryo must be treated in the same way as a fully developed human being without blemish. This is counteracted by the by those who say embryonic life lacks moral status essential for a right to life and it is for this reason that stem cell research can use embryos destroying them without treating it as a human (McLaren 2007). Others regard mental maturity and capabilities as a touchstone on which they use to determine if an embryo has a right to life. The ethical issue here is that the embryo cannot express its concern or its mental capability at that early stage but given time it will, hence it becomes inhumane to use them in stem cell research when they would have grown into a full human being had they been spared. When in-vitro embryos are created, the main purpose is to address infertility problems but also they can be vital for research purpose. There is an argument that once those embryos are for discarding, it is morally acceptable if they are used for stem cell research, in both cases, life will be lost, but in research, it will be used for medical benefits (Curzer 2004). The common denominator here is that life will be lost but if discarded the embryo may be treated with dignity unlike when used for research. In either ways, there arises a problem of embryos doomed to destruction if they are not donated to a couple with fertility problem (Sandel 2004). The ethics of using Human Embryonic Stem Cells in research tries to compare organ transplant activity and utilization of embryonic tissues for generating medical cures (Knoppers et al. 2011). A transplant takes place after organs from a donor who for this case is presumed dead and transplanted to a recipient. Many consider it a moral taint to use embryos for research forgetting that organ transplant is has an element of destruction in the name of harvesting organs (Philip 2004). Seemingly, it is hard to have a discernable difference between organ harvesting for transplant surgery and stem cell research using embryos (Lo & Parham 2009). The ethics governing the of embryo for stem cell research and therapy most of the embryos used for research are initially created to treat the problem of infertility, but when they are created in excess they end up serving another purpose (Committee & Society 2013). Researchers have an opportunity to experiment and study the mechanisms of cell differentiation and apoptosis. On the other hand therapeutic and scientific reasons fuel the creation of embryos in large numbers for research. However, there are always challenges when human life is a central them regardless of the benefits of research (Golebiewska et al. 2011). A number of moral problems come up when embryos are created not for reproductive purpose but for research. Upon embryo creation, for procreation is regarded as a possible child in waiting which steps up the need to respect it and treat it just like a full human being. Differently, embryos created for scientific research are seen as tools and do not receive the same respect as those planned for procreation. Another dark side of research is that embryos are destined for destruction. When embryos intended for reproduction unintentionally end up in research it often creates attention and questioning on moral significance (Outka 2002). International Regulations There exist no direct regulations about creation and use of human embryonic stem cells in research. The United Nations and other worldwide humanitarian organizations have given human cloning; this also indirectly affects the use of human embryos for stem cell research. Among many organizations, the European Union has tried to set elaborate and comprehensive programme for research relating to use of human embryo. The United Nations, Scientific, and Cultural Organization (UNESCO) in association with the United Nations (UN) in 1997 came up with the Universal Declaration on Human Genome and Human rights that illegalized practices such as cloning humans for reproductive purpose. It urged states and international organization to identify and ban such practices in their countries with respect to the Declaration. With the aid of expertise analysis, it is revealed that the laws do not restrict use of cloning in non-procreative purposes such as harvesting of embryonic stem cells. The International Bioethics Committee (IBC) a branch of UNESCO addresses that the question of regulating embryonic stem cell research as an imperative practice to avoid in all societies (Lovell-Badge 2001). Further debate was to be tabled at the individuals’ society level with clear-cut definitions of human rights being the terms of reference. The IBC also demands that countries that practice stem cell research must incorporate it in the national legal and regulations system to observe ethical principles and dignity. Use of excess embryo for research must be legally binding and full consent must be sought from the donors, this ensures that ethical principles are not violated (Dick 2008). The committee also requires that a thorough analysis of the merits and risks of the optional methods related to harvesting of stem cells. The European Union and Council of Europe Narrowing down to a regional organization, the European Union has several regulations regarding the use of stem cells for research and therapeutic purposes. In the Convention for the Protection of Human Rights and Dignity of Human beings, it was termed officially illegal to create genetically a human being similar to another who is either deal or living. Similarly, creating human embryos for scientific research is rendered illegal. To cater for research purposes the law clearly requires that proper protection be accorded to the embryos intended for this purpose (Health 2009). This in other words allows the member states to pursue the conditional legalization of research on excess embryos though some countries like Germany have not embraced the idea. The additional protocol of the Council of Europe left the member states deliberate on the wide definition of human being concerning restriction placed on cloning of similar human beings, for the good and implementation of the protocol. The European Group on Ethics in Science and New Technology has its own view about ethical aspects of human stem cell research. It advocates for each EU member to prohibit or legalize use of embryos for stem cell research. In reference to this advocacy, human dignity demands that life has to be protected and respected beginning form the simplest forms for this case the embryo. It is for this reason that regulations be used to guide the use of embryos for research (Sipp 2011). Countries that allow stem cell research mush promptly and effectively consider use of stern public regulations by the centralized organizations vested with necessary authority. As a result, the UK developed a system of licensing issuing and control that operate the whole stem cell research; the Human Fertilization and Embryo Authority (Kilner 2009). The EU also regards use of embryos created in –vitro by use of gametes acquired with reason for stem cell extraction as an unethical act that must not be allowed for whatever reason given, rather it prefers use of surplus embryos (Taylor 2011). Another declaration for the Union is that use of somatic cell nuclear to create embryos for stem cell research therapy may not be the best alternative since there exist a large field of UN explored researches. It may only result in immature conclusions limiting further innovations and inventions in the medical field addressing therapeutic issues (Scott et al. 2011). The 2002 Decision of the European Parliament proposed on of the central ethical principles, which must be adhered to while conducting research sessions in conjunction with the pre-existing program set by the Charter of Fundamental Human Rights of the EU and the current Human Rights and Biomedicine of EC. Human cloning is on consideration as unlawful here. In the same year, any medical research that sought to create human embryos entirely for stem cell harvesting is put into consideration as illegal not leaving out the practice of somatic cells transfer (Golebiewska et al. 2011). No community support in terms of financial aid and material provision for such kind of research was supposed to be entertained. Furthermore, any kind of research involving use of human embryonic stem cell after the ethical evaluation by the European commission must be referred to a regulatory committee for further refining and approval. The Federal Patent Court addressed stem cell patentability considered an issue of interest in 2011. Human female gamete after fertilization, non-fertilized as well, so long as they have the cell nucleus, which can develop into a viable human cell and can divide naturally can only be used for patentability nothing less. Industrial use of human gametes for research purposes was found not to fit the definition of patentability. Nevertheless, whether stem cells derived from a human embryo comprises a human embryo or not is a puzzle left for the concerning court to unravel in addressing issues related to scientific advancements and research (Master & Crozier 2012). Conclusion Use of embryonic stem cell in research gives a lot of hope in life and the expedition to fighting most notorious physiologic and structural diseases of genetic and environmental origins. Scientific researches and advancements have played a pivotal role in making dreams come true, in achieving advance medical and therapeutic options for a wide range of diseases. For logical reasons, ethics and laws are fundamental in governing stem cell research in countries that practices it. This is to ensure that human life is respected and is not manipulated to serve other dehumanizing purposed in the name of research. The UN and the European Union have legal and ethical considerations that house the embryonic stem cell research and use. 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