Spanish stem cell proposals call for modification of existing law
As the European Commission prepares to outline further its position on stem cell research, an authoritative Spanish consultation group has called for existing Spanish law be amended to allow scientists to obtain embryonic stem cells for therapeutic and research purposes, subject to approval by expert committees and the consent of the embyro's parents. The declaration on embryonic stem cells prepared by an opinion group of the Bioethics and Law Observatory, based at the Parc Científic de Barcelona, asserts that 'research into the use of embryonic stem cells for the generation of different types of tissue or even simple organs constitutes the firmest promise for the medicine of the future.' It states that the use of stem cells obtained from human embryos for therapeutic and research purposes is acceptable where stem cells are obtained from spare embryos donated for the purpose of scientific research, or from non-transferable in vitro embryos or from frozen embryos which have exceeded the legal period of cyro-preservation. It also states that stem cells obtained from somatic embryos, which are produced by means of nuclear transplantation, or from stem cells obtained from specially-created gametic embryos with the informed consent of the gamete donors should be permitted. The group's declaration advocates the creation of gametic embryos for the purpose of obtaining stem cells where it is not possible to use spare embryos donated for research purposes, or have become available for the reasons outlined above. It says that obtaining embryonic stem cells in this way is justifiable 'in the absence of proof that identical results can be obtained in all respects by using foetal or adult stem cells.' Evaluation, regulation, approval and control, of embryo research, including all research projects involving the use of embryos, should be carried out by a competent authority Furthermore, the declaration calls for the strengthening of stem cell research through public and private funding, 'since otherwise profits will remain in the hands of private enterprise.' Stem cell research in Spain is governed by two national laws, one on assisted human reproduction techniques (1988) and one covering the donation and use of embryos and foetuses (1988), the Council of Europe's Convention on human rights and biomedicine, ratified by Spain in 1999, and two constitutional court rulings. The law on techniques of assisted reproduction states that research can take place within the first 14 days with the progenitor's consent for applied diagnostic or therapeutic research. Non-therapeutic research is allowed only on non-viable embryos and where it cannot be undertaken on an animal. In June 1999, the Spanish committee of experts on cloning published a report supporting legislation to lift the existing ban on cloning in order to allow the creation of tissue to sure certain diseases. It strictly opposed legalisation of human reproductive cloning of humans. The group was formed to study the ethical, social and legal implications of new biotechnology techniques and make specific proposals for legislative action. The group was coordinated by Dr Josep Egozcue, a medical specialist in human reproduction, and jurist Dr María Casado. Submissions were received from specialists in cell biology and embryology, medicine, philosophy, anthropology and law.