Гражданско-правовое положение эмбрионов: в поисках баланса интересов

Abstract

In this article the author considers the issues related to the legal status of human embryo, which received a new rethinking in connection with the possible use of cell lines obtained from aborted embryos in vaccines against coronavirus. The spiral of controversy regarding the admissibility of using embryonic cell lines as part of the components of a vaccine against a new coronavirus (COVID-19) has raised a number of legal questions: the legal status of in vitro embryos and determining the fate of unclaimed embryos, including the issues of the admissibility of using embryos (unclaimed or created for the first time) for research purposes, the production of biomedical cell products and the determination of limits “what is permitted”. In most cases foreign courts have noted embryo’s special, intermediate position, which cannot be fully reduced to the legal status of a born child or to the legal regime of a thing. The practice of the European Court of Human Rights revealed several aspects related to the legal protection of the unborn life: the right to life and the woman’s right to abortion (right to life v. right to choice), the determination of the fate of created and non-implanted embryos. Defining the margin of appreciation in terms of making fateful decisions for embryos involves the competition of two directly opposite interests related to the right to procreate and the right to avoid procreation.