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DERCKX/HONDIUS purposes. Scientific research using embryos may only take place if this corresponds to a Research Protocol that has been ratified by a central comm ission established under the Medical Research Act. 9 The most important condition for approval is that It must be reasonably likely that the research will lead to the establishment of new insights in the field of medical science and that such new insights cannot beachieved through forms or methods of scientif ic research other than with research using embryos or through research of a less radical nature(Art. 10 Embryos Bill). The central commission should decide on a case by case basis whether the scientific research, and thereby a violation of the principle ofhuman life, is justified The Embryos Bill contains a ban on scientific research using embryos which have been especally created for this purpose. Considering the fact that the objective of such activ ities is not to create a person, but rather to broaden knowledge, this would mean a greater violation of the respect for human life than when residue embryos would be used for this purpose. It is for this rea son, and because of the reserved societal and intemational views on this point, that the ban has been adopted in the Embryos Bill(Art. 24 sub a). 40 It cannot be excluded, however that within a few years there will be broader support for this specal cultivation of em bryos. The Embryos Bill also anticipates the lifting of this ban and it already regulates the limitations and cond itions for scientific research after the lifting of the prohibition. I In ratify ing the Bio-ethics Treaty the Netherlands will also have to make a reservation Health lawyers, however, do not exclude the specal cultivation of embryos for scientific research. They do not differentiate between protecting the dignity of the em bryo in vivo or in vitro the objective of the creation is irre levant as far as status is concemed. Alongside this, socially it has been completely accepted that additiona embryos are cultivated for I VF purposes whereby it is known for certa in beforehand that they become lost. It may be anticipated that in the long term not only in the Netherlands, but also in other countries, it will be accepted that embryos can be specially cultivated for scientif ic research where the interests of patients are involved One could otherwise ask whether ba lancing the relevant interests is not by definition 9. In regulating scientific research using embryos in vitro the legislator has sought to link this issue with the Medical Research Act(26 February 1998, St. 1998, No. 161). The central commission referred to in the Embryos Bill i the same commas ion as the one which already exst under the Medical Research Act and which decides on research protocols in the field of medical research on human bengs. The legislator is of the opinion that the wide experience and expertise present in the commiss ion would be an added guarantee for careful decision-making Explanatory Memorandum, 2000/01, 27423, no 3, pp. 23-24. The central commiss ion ssues a yearly report by the Minster of Health, Welfare and Sporton the application of the Embryos Bill, whereby attention is namely devoted to new developments concerning activ ities in relation t sex cells and embryos, Art. 4 para I Embryos 40 Explanatory Memorandum Il, 2000/0 1, 27423, no 3, p. 28 Part a of Art 24 will expire after 5 years, Art. 33 para. 2 Embryos Bill. The scientific research should lead to the establishment of new insights in the field of infertility, artifcial reproduction by making use of embryos especially cultivated for this purpose, Art I l Embryos Te Braake 1989, 1998, 2001, Leenen/Gevers, 2000, p 147DERCKX/HONDIUS 8 purposes. Scientific research using embryos may only take place if this corresponds to a Research Protocol that has been ratified by a central commission established under the Medical Research Act.39 The most important condition for approval is that it must be reasonably likely that the research will lead to the establishment of new insights in the field of medical science and that such new insights cannot be achieved through forms or methods of scientific research other than with research using embryos or through research of a less radical nature (Art. 10 Embryos Bill). The central commission should decide on a case by case basis whether the scientific research, and thereby a violation of the principle of human life, is justified. The Embryos Bill contains a ban on scientific research using embryos which have been especially created for this purpose. Considering the fact that the objective of such activities is not to create a person, but rather to broaden knowledge, this would mean a greater violation of the respect for human life than when residue embryos would be used for this purpose. It is for this reason, and because of the reserved societal and international views on this point, that the ban has been adopted in the Embryos Bill (Art. 24 sub. a).40 It cannot be excluded, however, that within a few years there will be broader support for this special cultivation of embryos. The Embryos Bill also anticipates the lifting of this ban and it already regulates the limitations and conditions for scientific research after the lifting of the prohibition.41 In ratifying the Bio-ethics Treaty the Netherlands will also have to make a reservation. Health lawyers, however, do not exclude the special cultivation of embryos for scientific research.42 They do not differentiate between protecting the dignity of the embryo in vivo or in vitro; the objective of the creation is irrelevant as far as status is concerned. Alongside this, socially it has been completely accepted that additional embryos are cultivated for IVF purposes whereby it is known for certain beforehand that they become lost. It may be anticipated that in the long term not only in the Netherlands, but also in other countries, it will be accepted that embryos can be specially cultivated for scientific research where the interests of patients are involved. One could otherwise ask whether balancing the relevant interests is not by definition 39. In regulating scientific research using embryos in vitro the legislator has sought to link this issue with the Medical Research Act (26 February 1998, Stb. 1998, No. 161). The central commission referred to in the Embryos Bill is the same commission as the one which already exists under the Medical Research Act and which decides on research protocols in the field of medical research on human beings. The legislator is of the opinion that the wide experience and expertise present in the commission would be an added guarantee for careful decision-making, Explanatory Memorandum, 2000/01, 27 423, no. 3, pp. 23-24. The central commission issues a yearly report by the Minister of Health, Welfare and Sport on the application of the Embryos Bill, whereby attention is namely devoted to new developments concerning activities in relation to sex cells and embryos, Art. 4 para. 1 Embryos Bill. 40. Explanatory Memorandum II, 2000/01, 27 423, no. 3, p. 28. 41. Part a of Art. 24 will expire after 5 years, Art. 33 para. 2 Embryos Bill. The scientific research should lead to the establishment of new insights in the field of infertility, artificial reproduction techniques, hereditary congential disorders or transplantation medicine which can only be obtained by making use of embryos especially cultivated for this purpose, Art. 11 Embryos Bill. 42. Te Braake 1989, 1998, 2001, Leenen/Gevers, 2000, p. 147
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