ABSTRACT

The present chapter gives an introduction into the European Union’s standards regarding human embryonic stem cell (hESC) research in regard to the absence of an autonomous competency of the European Union in this fi eld. However, there are provisions from which a common understanding on some issues regarding hESC research can be deduced such as the Charter on Fundamental Rights of the European Union, the decision 1982/2006/ EC concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities, and the ruling of the European Court of Justice in the case of Oliver Brüstle vs. Greenpeace (C-34/10) of 18 October 2011. Furthermore the chapter analyses the opinions of the National Bioethics Commission on hESC research to formulate an EU standard regarding hESC research. Finally

1Chair of the Austrian Bioethics Commission, Vice-Rector Medical University of Vienna, Spitalgasse 23, 1090 Vienna, Austria. 2Head of the Secretariat of the Austrian Bioethics Commission, Federal Chancellery, Ballhausplatz 2, 1014 Vienna, Austria. Email: doris.wolfslehner@bka.gv.at *Corresponding author: christiane.druml@meduniwien.ac.at

an overview of the legal provisions on hESC research in the Member States of the European Union is presented. It also shows that national debates have mainly addressed the procurement of hESC from supernumerary embryos after IVF. Ethical and legal debates on other techniques for the procurement of hESC have not yet been conducted and will need to be continued in the light of new research fi ndings.