Abstract

The article examines the issue of human life as a subject of criminal law protection. It is stated that protection measures and its level may differ, primarily depending on the stage of development of the embryo and on whether the parents need this embryo to implement their reproductive plan or such a need for them has disappeared. In addition, not all countries have adopted special legal acts on these issues. In general, we can distinguish two positions, against for both the embryo enjoys protection, starting from the stage of fertilization. Under the first position, maximum protection is provided from the moment of fertilization. Any manipulation of the human embryo that is not aimed directly at its preservation is prohibited. It is also forbidden to create embryos for any purpose other than ensuring pregnancy. This approach precludes any scientific research on the human embryo and the production of embryonic stem cells. It is also unacceptable to remove the totipotency of a cell capable of dividing and developing into a single human being. According to the second position, the protection measures applied do not necessarily provide for such prohibitions. In countries that adhere to this position, express other views on, for example, preimplantation diagnosis – not least because the cells of the embryo at the eight-cell stage is not considered as totipotency. Restriction of the use of embryonic tissues has been stated to be one of the guarantees of the right of a child in the prenatal stage of life not to be the object of inhumane scientific experiments and research and not to be endangered by his life and health. The use for cosmetic, pharmaceutical or therapeutic purposes of remains, organs, tissues and cells of the human fetus (human embryo) obtained as a result of premature, including artificial, abortion, and materials based on or using these objects, is contrary to the public interest. and public order, the principles of humanity and morality, and therefore should not be allowed.

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