Legal Limitations of Reseand Using the Stem Cells

• Author: Ciasc Rustin
• Position: Judge, President of the Caras-Severin Court, PhD Candidate, Faculty of Law and Administrative Sciences, West University of Timisoara
• Pages: 89-99

JURIDICA

89

Rustin-Petru CIASC

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Abstract: The importance of research in view of using stem c ells for scientific and medical purposes

must be regulated in a clear and, to the degree possible, single manner, at European and world level.

Beginning with this obvious necessity, this article attempts to review the relevant provisions in the

domestic legislation, while supplying the required appreciations and criticism. In the end, it reaches

the idea, also upon replying o n some compared law elements, that not only some legislative

modifications or adaptations are imposed, in c onnection to t he normative a cts in force, but

particularly the creation of a complete and complex legislative framework. It must cover the e xistence

of all practical situations and regulate the scientific research activity in this domain, without ignoring

at any time the inviolability of human dignity and acknowledging the r ight of integrity of the person’ s

body and mind.

Keywords: tissue; personality right; harvesting; transplant; cloning

In a global manner, practically all multicellular organisms have stem cells. A stem

cell is an undifferentiated cell characterized by its ability to generate specialized

cells that would differentiate themselves; its multiplication ability is practically

endless, mainly in the growth media. The animal stem cells and particularly the

human stem cells are subject matter of numerous researches, mainly in medicine in

order to regenerate tissues and even to create some pieces of tissues and bodies (the

latter being the objective pursued by cell therapy). The origin of stem cells used in

research also raises ethical issues: it is true, most of them come from embryos,

although recently it was discovered the possibility to use other sources, such as

blood cells from the umbilical cord or the stem cells in the adipose tissue. When

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Judge, Pr esident of the Caraş-Severin Court, PhD Candidate, Faculty of Law and Administrative

Sciences, West University of Timisoara; rustin.ciasc@just.ro.

AUDJ, vol. 9, no. 3/2013, pp. 89-99

Private Law

Legal Limitations of Researching and Using

the Stem Cells