DERCKX/HONDIUS stances adopted concerning the position the embryo range from comprehensive and all-embracing protection( from the moment of conception) to very weak protection. Many (Western) European ountries already have legislation in place dea ling with activities connected with embryos or have tabled bills to this effect. The mo legislation in this field may be found in Austria, France, Germany, Norway and Spain. The broadest legislation is that of the UK. Denmark, Finland and Sweden lie somewhere in between whilst Italy and Luxembourg have tabled bills on this In The Netherlands, the Lower House of Parliament after two previous attempts ratified a bill with regard to the creation and use of em bryos as well as control as far as gametes and em bryos are concerned( the Embryos Bill).Contrary to what the title Embryos Bill implies, the bill is not only concerned with embryos but also with various aspects of the ordinary use of fertilization techniques and the consequences thereof. The need for legal regulation was linked to the signing of the Council of Europe s Convention for the protection of human rights and the dignity of the human being with regard to the application of biology and medicine (Bio-ethics Treaty).8 Although the Netherlands has signed this convention, it has still not yet been ratified. If the Netherands were to ratify this Convention without reservation, then it would be directly bound by its provisions. 9 The status and protection of the human embryo in vivo and in vitro is discussed belo Is an embryo a legal subject? The question whether an embryo is a legal subject is of importance for its le gal rotection. If this question could be answered in the positive, this would certainly For an overview see Explanatory Memorandum, 2000M0 1, 27423, no 3, P. 60et seq Bill containng rules relating to theuseof gametes and embryos(Embryos Bil), Parliamentary Document IL. 200001.27423 nos 1- A specific choice has been made for one integral bill cons ider ng the inextricable connection between these subjects, Explanatory Memorandum, 2000/01, 27 423, no. 3. Embryos and gametes are in fact bodily material. In the Netherlands there s abo an Act n themaking conceming control over bodily materials. However, because of the ability t change into an embryo and subseq uently into a human being gametes and embryos have, according t the legislator, adifferent character and are more emotionally charged than other bodily material They are therefore excluded from the ambt of the Bodily Materials Act( Explanatory Memorandum, 2000/01, 27423, no 3, p. 13) Convention on Human Rights and Biomedicine ( Bio-ethics Treaty), Council of Europe, Ov ideo 4 April 1997, Trb. 1997, 113. This convention, a so-called framework convention, contains a number of basic prnciples and forms a foundation for the elaboration of specific subjects within various protocols, H. Nys 1998, p 24 provisions of the Constitution, n the Netherlands it s specifically laid down n the Constitution(Art 94)that treaties occupy a position over and above the law. The provis ions n this Convention would thereby have to be directly applied by the Duthcourts A legal subject is a bearer ofrights and obligations.DERCKX/HONDIUS 2 the embryo is controversial; the various stances adopted concerning the position of the embryo range from comprehensive and all-embracing protection (from the moment of conception) to very weak protection. Many (Western) European countries already have legislation in place dealing with activities connected with gametes and embryos or have tabled bills to this effect. The most restrained legislation in this field may be found in Austria, France, Germany, Norway and Spain. The broadest legislation is that of the UK. Denmark, Finland and Sweden lie somewhere in between whilst Italy and Luxembourg have tabled bills on this subject.5 In The Netherlands, the Lower House of Parliament after two previous attempts ratified a bill with regard to the creation and use of embryos as well as control as far as gametes and embryos are concerned (the Embryos Bill). 6 Contrary to what the title Embryos Bill implies, the bill is not only concerned with embryos but also with various aspects of the ordinary use of fertilization techniques and the consequences thereof.7 The need for legal regulation was linked to the signing of the Council of Europe s Convention for the protection of human rights and the dignity of the human being with regard to the application of biology and medicine (Bio-ethics Treaty).8 Although the Netherlands has signed this convention, it has still not yet been ratified. If the Netherlands were to ratify this Convention without reservation, then it would be directly bound by its provisions. 9 The status and protection of the human embryo in vivo and in vitro is discussed below. 3 Is an embryo a legal subject? The question whether an embryo is a legal subject10 is of importance for its legal protection. If this question could be answered in the positive, this would certainly 5. For an overview see Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 60 et seq. 6. Bill containing rules relating to the use of gametes and embryos (Embryos Bill), Parliamentary Documents II, 2000/01, 27 423, nos. 1-2. 7. A specific choice has been made for one integral bill considering the inextricable connection between these subjects, Explanatory Memorandum, 2000/01, 27 423, no. 3. Embryos and gametes are in fact bodily material. In the Netherlands there is also an Act in the making concerning control over bodily materials. However, because of the ability to change into an embryo and subsequently into a human being, gametes and embryos have, according to the legislator, a different character and are more emotionally charged than other bodily material. They are therefore excluded from the ambit of the Bodily Materials Act (Explanatory Memorandum, 2000/01, 27 423, no. 3, p. 13). 8. Convention on Human Rights and Biomedicine (Bio-ethics Treaty), Council of Europe, Ovideo 4 April 1997, Trb. 1997, 113. This convention, a so-called framework convention, contains a number of basic principles and forms a foundation for the elaboration of specific subjects within various protocols, H. Nys 1998, p. 24. 9. Although, in Germany for example, the courts can test the applicability of a treaty against the provisions of the Constitution, in the Netherlands it is specifically laid down in the Constitution (Art. 94) that treaties occupy a position over and above the law. The provisions in this Convention would thereby have to be directly applied by the Dutch courts. 10. A legal subject is a bearer of rights and obligations