Stem cell law
| Basic data | |
|---|---|
| Title: | Law to ensure embryo protection in connection with the import and use of human embryonic stem cells |
| Short title: | Stem cell law |
| Abbreviation: | StZG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law , ancillary criminal law |
| References : | 2121-61 |
| Issued on: | June 28, 2002 ( BGBl. I p. 2277 ) |
| Entry into force on: | July 1, 2002 |
| Last change by: |
Art. 50 G of March 29, 2017 ( Federal Law Gazette I p. 626, 636 ) |
| Effective date of the last change: |
April 5, 2017 (Art. 183 G of March 29, 2017) |
| GESTA : | B082 |
| Please note the note on the applicable legal version. | |
The Stem Cell Act (StZG) is a German law regulating the import and use of human embryonic stem cells (hES cells). The regulation, which is restrictive by international standards, and the deadline regulation for the import of foreign stem cells have caused controversy since the law was passed.
Regulation content
The law basically prohibits the import and use of embryonic stem cells (§ 1 StZG and § 4 Paragraph 1 StZG), but exceptionally permits their import and use for research purposes. However, an official approval is required for this. This approval is dependent on various requirements:
- The stem cells among others need it before a deadline abroad from surplus IVF - embryos have been obtained, which for achieving a pregnancy were produced, but are no longer needed for this. The release of the embryos for research purposes must also not have been made against payment. In addition, the stem cells must have been manufactured in accordance with the legal situation in the country of origin (Section 4 (2) StZG). In spring 2008, the Bundestag passed an amendment to the law, the result of which was postponed from January 1, 2002 to May 1, 2007.
- The import and use of hES cells is only permitted for research purposes, and research on hES cells must serve high-ranking scientific goals. The research project must be clarified "as far as possible" on other cells (e.g. animal cells), and it must be demonstrated that other cell types (e.g. animal embryonic stem cells or human adult stem cells ) do not work in the same way as hES cells to achieve the research objectives are suitable (§ 5 StZG). The Central Ethics Commission for Stem Cell Research (ZES) also checks that these requirements are met. The result of this test is sent to the approval authority, the Robert Koch Institute (RKI). A decision on an application that deviates from the assessment of the ZES must be justified by the approval authority (Section 6 (3) StZG).
controversy
The key date regulation, which was controversial from the beginning, was introduced to prevent an increased need for human embryonic stem cells, which could possibly arise from research on these cells in Germany, from being met by the derivation of new embryonic stem cells abroad, which - from German legislators unwanted - could cause increased consumption of embryos outside Germany. In the run-up to the postponement of the deadline in spring 2008, the debate about the German stem cell law flared up again.
literature
- Dederer, Hans-Georg: Constitutional specification in new constitutional territory : The stem cell law , JZ 2003, issue 20, pp. 986–994.
- Gehrlein, Markus: An overview of the stem cell law , NJW 2002, issue 10, pp. 3680–3682.
- Minwegen, Romano: Possible problems in connection with the stem cell law and the embryo protection law . In: Legal Theory. Journal for logic and legal methodology, legal informatics, communication research, norms and action theory, sociology and philosophy of law . 37 Vol., 2006, ISSN 0034-1398 , pp. 513-531.
- Schwarz, Kyrill-A .: Criminal law limits of stem cell research? , Medizinrecht (MedR) 2003, Issue 3, ISSN 0723-8886 , pp. 158-163.
- Röger, Ralf : High rank , lack of alternatives and ethical justification of research with human embryonic stem cells from a constitutional point of view , Yearbook for Science and Ethics 2003, ISSN 1430-9017 , pp. 313–333.
- Taupitz, Jochen : Experiences with the stem cell law , JZ , 54th year, Heft 3, 2007, pp. 113–122.
