THE RIGHTS OF THEEMBRYO AND THE FOETUS UNDER DUTCHLAW In an exceptional case an exception can be made for a foetus which has passed the initial stage and which can satisfy the exception under Art. 2. However, no definitive conclusion can be derived from the Strasbourg case law as to whether the unbom foetus can fall within the ambit of Art. 2 ECHR 2 of the Bio-ethics Treaty couples the terms dignity and identity to human and the notion of integrity to the tem everyone. It is largely fruitless to define the term everyone considering the various interpretations of this concept in the Member States. 26 The Protocol on cloning also lea ves the interpretation of the notion of human being to the member States. According to Kits Nieuwenkamp plies to human life from the moment of everyone relates to life which has been born. Thereby, according to her, there Mem ber States s, flict between the convention and the abortion legislation in some appears to be a cor According to Leenen, in the minds of the drafters of the convention the embryo s dignity is the subject of a certain degree of protection during all the development stages. From the fact that, according to Art. 18, scientif ic research into the embryo in-vitro is in principle allowed, it would seem that there is no absolute protection during this stage The embryos bill 6.O The Embryos Bill sets limits on the use of gametes and embryos. A number of activities are considered to be ethica lly impem issible and are prohib ited; examples thereof are clonings29, the choosing of a ba by s gender for non-medical reasons ad combining cells from human and animal embryos(Arts. 24 and 25 Embryos Bill) Before adressing a number of specific details of the Embryos Bill, the aim and starting point of the bill will be discussed as well as the definition of the term embryo as mentioned in the bill. The legislator s general point of departure is human dignity and the principle of respect for human life in general. 30 Any violation of this orinciple of respect for human life is justified if other values, such as the welfare of the future child, the treatment of patients or the promotion of their health and the welfare of infertile couples, are considered to be of greater importance. There is no specific mention of the progressive protection of dignity. From the fact that it is forbidden to allow an embryo to develop outside the human body for fnds points of departure, namely in the Hercz case, for the proposition that the foetus can derive ights from the ECHR(1994, P. 141) Leenen/Gevers, 2000, p. 143 Explanatory Report Directorate ofLegal Affairs, Strasbourg, January 1997, pp. 18 and 19 Kits Nieuwenkamp, 1998, P. 28 See supra. 30 Explanatory Memorandum, 2000/01, 27423, no 3, P 5THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCH LAW 5 in an exceptional case an exception can be made for a foetus which has passed the initial stage and which can satisfy the exception under Art. 2. However, no definitive conclusion can be derived from the Strasbourg case law as to whether the unborn foetus can fall within the ambit of Art. 2 ECHR.25 Art. 1 of the Bio-ethics Treaty couples the terms dignity and identity to human being and the notion of integrity to the term everyone . It is largely fruitless to define the term everyone considering the various interpretations of this concept in the Member States.26 The Protocol on cloning also leaves the interpretation of the notion of human being to the Member States. According to Kits Nieuwenkamp human being applies to human life from the moment of conception and the term everyone relates to life which has been born. Thereby, according to her, there appears to be a conflict between the convention and the abortion legislation in some Member States.27 According to Leenen, in the minds of the drafters of the convention the embryo s dignity is the subject of a certain degree of protection during all the development stages. From the fact that, according to Art. 18, scientific research into the embryo in-vitro is in principle allowed, it would seem that there is no absolute protection during this stage.28 6 The Embryos Bill 6.1 Objective and points of departure The Embryos Bill sets limits on the use of gametes and embryos. A number of activities are considered to be ethically impermissible and are prohibited; examples thereof are clonings29, the choosing of a baby s gender for non-medical reasons and combining cells from human and animal embryos (Arts. 24 and 25 Embryos Bill). Before adressing a number of specific details of the Embryos Bill, the aim and starting point of the bill will be discussed as well as the definition of the term embryo as mentioned in the bill. The legislator s general point of departure is human dignity and the principle of respect for human life in general. 30 Any violation of this principle of respect for human life is justified if other values, such as the welfare of the future child, the treatment of patients or the promotion of their health and the welfare of infertile couples, are considered to be of greater importance. There is no specific mention of the progressive protection of dignity. From the fact that it is forbidden to allow an embryo to develop outside the human body for finds points of departure, namely in the Hercz case, for the proposition that the foetus can derive rights from the ECHR (1994, p. 141). 25. Leenen/Gevers, 2000, p. 143. 26. Explanatory Report, Directorate of Legal Affairs, Strasbourg, January 1997, pp. 18 and 19. 27. Kits Nieuwenkamp, 1998, p. 28. 28. Leenen/Gevers, 2000, p. 144. 29. See supra. 30. Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 5