DERCKX/HONDIUS longer than 14 days a limit on which for ethical reasons an overall intemational consensus exists it can possibly be concluded that the theory of the progressive protection of dignity has made itself felt in the Embryos Bill According to the Embryos Bill the embryo is a cell or a connected aggregate of ells with the capacity to develop into a human being(Art. I sub c Embryos Bill This definition is connected to the fact that an em bryo, with the current stage of scientific development, can come into existence in various ways and the protection of dignity does not depend on the way in which it has come into being 32 The legislator wanted to include all the ways in which an embryo can come into being within the definition. By also including the cell within this defin ition, the stage immediately following the fusion of the ovum and the sperm cell is also included33 Crucial in this respect is the presence of a potental to grow into a person In our opinion the definition ofan embryo does create confusion now that it does not follow the biological reality. Since, according to the definition, a sex cell is already an embryo in itself, as it is aferall a cell with the capacity to develop into a human being A foetus is an em bryo which is to be found in the human body(Art. I sub d Embryos Bill). The notion of an embryo is more comprehensive: a foetus is also an embryo All the development stages of the embryo up until the actual birth fall within the scope of the definition and thereby also underthe Em bryos Bill 6.2 Cloning The Embryos Bill lays down the bounderies with respect to cloning. There is a difference between reproductive and therapeutic cloning. Reproductive cloning is the making of genetica lly identical individuals. From an intemational point of view there is large-scale agreement as to the unacceptability of this technique. 4The Dutch Explanatory Memorandum, 200001, 27423, no 3, P. 41 32 In the first place by fertilizing an ovum whereby an ovum and a sperm cell are fused toget Ths can take place within the human body in vio, or outside the human body n vtD. Another method s by way ofsplittingone or moreof theembryo s totipotentcelbs( these are cells which have the poss ability ndependenthy to grow int a new embryo) It i also poss ible to create an embryo by making use of cells from an embryonic stem-cell line A combination s then made of cells whch have originated from two different embryos(chimaera). Finally, t s n prnciple also poss ble apply the technque already used n the case of animals: the nucleus of an animal s bodily cell s transplanted nt an animal s female gamete with the original nucleus bengremoved If this would occur then there s the potential to grow nto a person, Explanatory Memorandum, 200001, 27423, The ovum and the sperm cell will fuse tgether if, after thesuccessful penetration of the ovt wall by thespem cell, the cell membranes of the two sex celk fuse. Although immed ately after thE event two independent cell nuclei can in fact be differentiated, t is the case that there s already an embryo in the sense of the Bill, Explanatory Memorandum, 2000/01, 27423, no 3, p. 49. Alongside the Council of Europe(Supplementary Protocol to the Bio-ethics Treaty), intemational organisations such as the World Health Organ sation and UNESCO have made declarations to the effect that the cloning of persons s not admissible as it s contrary t human dignity and s mmoral. There s also a European Commss ion resolution which calls upon Member States to prohibit therapeutic cloning and consumptive embryo research.DERCKX/HONDIUS 6 longer than 14 days a limit on which for ethical reasons an overall international consensus exists31 it can possibly be concluded that the theory of the progressive protection of dignity has made itself felt in the Embryos Bill. According to the Embryos Bill the embryo is a cell or a connected aggregate of cells with the capacity to develop into a human being (Art. 1 sub. c Embryos Bill). This definition is connected to the fact that an embryo, with the current stage of scientific development, can come into existence in various ways and the protection of dignity does not depend on the way in which it has come into being.32 The legislator wanted to include all the ways in which an embryo can come into being within the definition. By also including the cell within this definition, the stage immediately following the fusion of the ovum and the sperm cell is also included.33 Crucial in this respect is the presence of a potential to grow into a person. In our opinion the definition of an embryo does create confusion now that it does not follow the biological reality. Since, according to the definition, a sex cell is already an embryo in itself, as it is afer all a cell with the capacity to develop into a human being. A foetus is an embryo which is to be found in the human body (Art. 1 sub. d Embryos Bill). The notion of an embryo is more comprehensive: a foetus is also an embryo. All the development stages of the embryo up until the actual birth fall within the scope of the definition and thereby also under the Embryos Bill. 6.2 Cloning The Embryos Bill lays down the bounderies with respect to cloning. There is a difference between reproductive and therapeutic cloning. Reproductive cloning is the making of genetically identical individuals. From an international point of view there is large-scale agreement as to the unacceptability of this technique.34 The Dutch 31. Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 41. 32. In the first place by fertilizing an ovum whereby an ovum and a sperm cell are fused together. This can take place within the human body in vivo, or outside the human body in vitro. Another method is by way of splitting one or more of the embryo s totipotent cells (these are cells which have the possibility independently to grow into a new embryo). It is also possible to create an embryo by making use of cells from an embryonic stem-cell line. A combination is then made of cells which have originated from two different embryos (chimaera). Finally, it is in principle also possible to apply the technique already used in the case of animals: the nucleus of an animal s bodily cell is transplanted into an animal s female gamete with the original nucleus being removed. If this would occur then there is the potential to grow into a person, Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 49. 33. The ovum and the sperm cell will fuse together if, after the successful penetration of the ovum wall by the sperm cell, the cell membranes of the two sex cells fuse. Although immediately after this event two independent cell nuclei can in fact be differentiated, it is the case that there is already an embryo in the sense of the Bill, Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 49. 34. Alongside the Council of Europe (Supplementary Protocol to the Bio-ethics Treaty), international organisations such as the World Health Organisation and UNESCO have made declarations to the effect that the cloning of persons is not admissible as it is contrary to human dignity and is immoral. There is also a European Commission resolution which calls upon Member States to prohibit therapeutic cloning and consumptive embryo research