Legal Limitations of Reseand Using the Stem Cells

AuthorCiasc Rustin
PositionJudge, President of the Caras-Severin Court, PhD Candidate, Faculty of Law and Administrative Sciences, West University of Timisoara
Rustin-Petru CIASC
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
Judge, Pr esident of the Caraş-Severin Court, PhD Candidate, Faculty of Law and Administrative
Sciences, West University of Timisoara;
AUDJ, vol. 9, no. 3/2013, pp. 89-99
Private Law
Legal Limitations of Researching and Using
the Stem Cells

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