Stem Cell Legislation - Research Paper Example

Stem cell research legislation concerns the rules, policy governance, research, uses and sources in the remedy of stem cells in human beings. The laws contribute to a lot of controversy and differences in the country. European Union permits stem cell research making use of the human embryo. However, in Portugal, Italy, Ireland, Austria and Germany this is illegal. In United States, diverse reactions are evident with some of the states giving full financial support, and the other bunch strongly opposing to a point of pushing for its complete ban. Countries such as China, Iran, Japan, South Korea, Australia and India they support its legislation. Nevertheless, all African countries with an exception of South Africa oppose it. New Zealand and South America excluding Brazil also disapprove the stem cell legislation. Majority of multi-cellular organisms contain stem cell cells. Hematopoietic stem cell is a common example of the stem cell the (HSC) are multipotent and gives rise to the blood lineage cells. Another outstanding example is the embryonic stem cells which unlike the multipotent stem cells they are pluripotent. Embryonic stem cells give rise to cells in the human body and removed from mice in 1981. The introduction of new cells into an adult body for treatment is Stem cell treatments. It is a possible cure for diabetes, somatic cell nuclear transfer and cancer. Stem cells can be used in cloning and repair of damaged tissues by different diseases in the body. Culturing of cells from the embryo blast 4-5 days after fertilization gives rise to Embryonic Stem cells. Their harvesting is frequently carried out from donated embryos done in the (IVF) clinics from in vitro fertilization. Researchers at Wake Forest University reported embryonic cells are similar to the stem cells drawn from amniotic fluid from pregnant women this was in January 2007. Under the administration of President Bill Clinton, the NIH in 2000 gave an outline that permits the federal funding of research. Through amendments to the budget bill, Federal law puts in place amendments on the use and funding of HES cells. In USA, President George W. Bush in 2001 implemented regulations limiting the numbers of stem cells used for research. Other state laws took effect in the mid-2000s concerning stem research legislation. In 2004, New Jersey allowed human cloning with the aim of establishing and collecting stem cells from human bodies. In addition, embryonic stem cell research was legalized in Missouri in 2006. In South Dakota, North Dakota, Arkansas, Michigan, Louisiana and Indiana laws to ban the destruction or creation of human embryos for any medical research were passed (Russell, Stephen and Munzer, 2007). In his second term, Bush used his first veto as a president mainly on the Stem Cell Research Enhancement Act. This name stood for the two similar bills that were vetoed for by the sitting President George W. Bush. The two bills were incorporated into the law. Chris Smith the congressman in New Jersey published a Research Act of 2005 and Stem Cell Therapeutic that brought narrow expectations and was passed by the President. Proposition 71 was in November 2004 approved by voters in California. As a result, US$3 billion state created a taxpayer-funded institute for the stem cell research known as California Institute for Regenerative Medicine. In a year, the institute hopes to avail $300. The restriction of the federal funding passed by Bush in 2001 was removed by President Barrack Obama of USA. It allowed for only 21 cell lines funding that were already created. The act of 2009 named Omnibus Appropriations and Dickey’s Amendment still prohibits the creating of new cells from federal funds. Therefore, stem cell research will continue getting funds from the federal government. The relationship between legal issues and the stem cell With certain restriction, the acting president announced that the federal funds can be used to in conducting human embryonic stem cell. The federal research is always limited to 64 1 pre-existing stem lines sourced (1) with the consent of the donor. Secondly, from extra embryos created solely to reproduce, and lastly, without financial inducements to the donor. The president also ensured that there were no federal used on derivation or utilization of stem cell lines sourced from newly destroyed embryos. This banned creation of human beings during research and other experimental activities in research activities. Cloning of humans was also illegal; this had no exception regardless of the idea that, they are being used for study purposes. Different lawsuits have been in progress, which all relate to the issue. Various questionnaires have also been put forward to clarify different matters, which revolve around cloning, embryos and research (Rosario, Isasi & Bartha, 2006). The human embryonic stem cells refer to master cells which are able to grow and develop to any cell in the human body. The history of this ideology is back in 1998 in the University of Wiscosin. This was a period when researchers were building on cell research. The students’ target was to isolate human cells from the inner masses of human cells. Their concentration was the early embryo known as the blastocyst. This gave rise to the first human embryonic stem. The research was based on the fact that the embryonic can give cure to various defects, as it would lead to replacement of tissues on the organ. The research was focusing on the spinal cord, diabetes, multi sclerosis, alzheimer’s, and parkinson’s among others. In reference to science, the main quality sources of these cells include the one week old embryo. The embryo comes to the existence through the in vitro fertilization to treat infertility. On the other hand, the 5-9 week old embryo era attained through abortion. These are embryos which are purposely designed for research other that the one week one, which are used for treatment (Solo and Gail, 2007). In the aim of getting these cells, the embryo is killed, and cell extraction follows. The early embryonic stem known as the totipotent cells can develop to the entire organism. This is at a later age, where it can develop to any organ of the human body. The executive action The issues arose in the USA in the rein of George W. Bush. It was in the month of January in 2001 when the president announced that there would be a review on the issue regarding stem cell. This was immediately after he took office. An order was given to the HHS (Department of Health and Human Service) to review the guidelines regarding National Institute of Health. During these periods, the body rejected all research organizations seeking funds to carry out stem cell research based on human embryo. In the same year, the president announced that the government would release funds to carry out the few human embryonic researches. This was because the policy rule read that the government would fund 64 of the existing stem cells. The reason behind the processes was that the stem cells were products of already dead embryos. Congressional activity Before Bush’s rein, the congress through the HHS has been working day and night to prohibit this activity. This is both through legal actions and federal acts. Previous residents were also against the act. And ideal example in President Clinton back in 1994. He directly declined all funding of the act through executive directives. Regardless of the efforts put in place in the past years, it is evident that the subsequent presidents have no effort in suppressing the prohibited. The federal policy put in place in the year 2009 by president Obama stills prove the effort from the executive. However, there is little effort from the general public because there is little legal action designed to deal with the issue all around the world. However, the congress is also working hard by instituting congressional policies (Russell, Stephen and Munzer, 2007). Comparison with other legislations In Australia, both the federal and the state legislation have approaches regarding the issue. Especially the legislation, there are a series of guidelines and principles involving human tissues. Before 2002, there was no any legislation guiding the progress on issues concerning human stem cell research. In 2002, a rare debate took place leading to new guidelines relating to cloning and embryo research. The act made it illegal to attempt cloning or use human embryos for experimental purposes. The act has been undergoing different amendments, where in 2006, the act’s amendment aimed at clearing all identified loop holes in the system. The European Union is yet to make rulings regarding stem cell research. However, nations such as Austria, Germany’, Finland, Ireland, Italy, Portugal, and Greece severely restrict the use of human embryo in research activities. On the other hand, the United Kingdom has a legal basis to support this research. In the case of Belgium, in bans reproductive cloning and makes allowances of therapeutic cloning of embryos. France among others allows a section of the issue under discussion and denies the other. All in all, to legalize or illegalize the stem cell research highly depends on the ethics, religion, and the ideologies of the community under question. In reference to the above argument stem cell research should not be legalized. The activity is unethical as it uses human beings for experimentation. In the case of using the stem cell treatment to cure medical conditions, better approaches should be put in place. Importantly, stem cell research is more beneficial to plants and can be used to significantly improve production. This leads to high crop productivity enhancing food security measures. The world should league up with the aim of designing laws that totally prohibit stem research legislation. References Russell, K, Stephen R. Munzer. (2007). Stem Cell Century: Law and Policy for a Breakthrough Technology. Yale University Press. Humber, J. and Almeder, J. (2009). Stem Cell Research. Humana Press. Solo, P. and Gail, P. (2007). The Promise and Politics of Stem Cell Research. Greenwood Publishing Group. Letter from HHS Gen. Counsel Harriet Rabb to Harold Varmus, Director, NIH, January 15, 1999. Letter from Secretary Shalala to the Honorable Jay Dickey, Feb. 23, 1999. Balanced Budget Downpayment Act, 1996, Pub. L. No. 104-99, Sec. 128, 110 Stat. 26, 34 (1996). Ubaka Ogbogu & Peter Rugg-Gunn, "The Legal Status of Novel Stem Cell Technologies in Canada" (2008), Journal of International Biotechnology Law 5; 186 Rosario, M. Isasi & Bartha, M. K, (2006). "Beyond the Permissibility of Embryonic and Stem Cell Research: Substantive Requirements and Procedural Safeguards" Human Reproduction 21; 2474. Read More