Friday May 28, 2010
South Korean Court Rules that Frozen Human Embryos are 'Not Human'
By Matthew Cullian Hoffman
SEOUL, May 28, 2010 (LifeSiteNews.com) - Despite parents' pleas, a South Korean court has ruled that frozen embryos are not living and thus may be experimented upon and destroyed at will.
The ruling was issued against a suit filed by the parents of the embryos, as well as eleven other individuals, including philosophers, ethicists, and doctors. In addition, the two embryos themselves were listed among the plaintiffs.
The embryos were created for a couple with the surname Nam. A total of three were produced by in vitro fertilization and one was implanted. The other two were to remain available for implantation or to be used for scientific research.
However, the Nams had a change of heart and, aided by a team of experts, sought to vindicate the rights of their unborn children.
"Bioethical laws that define artificially inseminated embryos as non-human bundles of cells treats them as tools for research and mandates their disposal at the end of a preservation period, and is a violation of the fundamental right to life," the plaintiffs wrote.
However, the court disagreed, claiming that before fourteen days of development, an embryo is not a human being. "Although we acknowledge the basic rights of fetuses before birth, pre-embryos, which have been fertilized but within which the 'primitive streak' has not yet formed, cannot be regarded as humans," the court wrote.
"Embryos that are less than 14 days from insemination have the potential to become a human being but have no independent humanity. They should not be granted the same constitutional rights as a human being," said Kang-kook, president of the Constitutional Court.
"We cannot expect people to be seeking embryos that are more than five years old for artificial insemination purposes. But the cost of their preservation is immense. The donors of the embryos may feel uncomfortable, but this should not prohibit their use for research purposes," he added.
The Catholic Archdiocese of Seoul's Life Committee denounced the decision, noting its dehumanizing premises.
"Every human being goes through the embryonic stage," said Father Park Jung-woo, director of the Committee. "Catholics regret this decision by the Constitutional Court because we are opposed both to the artificial creation of embryos and to their use, once created, as tools for manufacture, as they are entitled to dignity as living beings."