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Title: United Nations Declaration on Human Cloning A/RES/59/280 |
Summary of Provisions:The main provisions of the United Nations Declaration on Human Cloning call on Member States of the UN to:
These provisions contain some ambiguity as to the status of therapeutic human cloning. It is up to Member States to interpret the clauses and decide whether therapeutic human cloning is 'incompatible with human dignity and the protection of human life'. In addition the provisions are not legally binding, cannot be enforced, and were only expressly assented to by 84 of the United Nation's 191 Member States. A quote from the then UK Health Secretary, John Reid, on the day following the adoption of the declaration emphasises the significance of these points: "The UN declaration is non-binding and will make no difference whatsoever to the position of stem cell research in the UK: therapeutic cloning will continue to be allowed." (The Guardian, online edition, 09/03/05, http://www.guardian.co.uk/uk_news/story/0,,1433202,00.html). There is a further clause calling on Member States to "take into account the pressing global issues such as HIV/AIDS, tuberculosis and malaria, which affect in particular the developing countries" when financing medical research. Summary of Development:The cloning of Dolly the sheep in 1997 brought to public attention the possibility of the development and use of similar techniques for cloning humans. Subsequent announcements by private groups such as Clonaid of their intentions to clone humans for reproductive purposes prompted international efforts (alongside the development of national and regional legislation) to ban human cloning. In explanation of their request to the United Nations General Assembly to begin negotiation of such a ban, France and Germany stated:
This request was made to the 56th Session of the General Assembly in 2001. The General Assembly passed a resolution in December that year, asking its 'Sixth Committee' (Legal) to establish an Ad Hoc Committee charged with establishing a mandate for the negotiation of an International Convention Against the Reproductive Cloning of Human Beings. The Ad Hoc Committe met from 25th February to 1st March 2002. Its work was continued by a Working Group of the Sixth Committee in September 2002, and again in September and October 2003. Members of the Working Group were unable to decide whether there should be an outright ban on all forms of human cloning or a ban only on reproductive human cloning, with therapeutic human cloning to regulated later and/or separately. The Sixth Committee, meeting in November 2003, decided to adjourn the debate on the International Convention until the 60th Session of the General Assembly (i.e. September 2005). However, the following month the General Assembly decided to include the item on the agenda of its 59th Session. At a meeting in December 2004 the General Assembly established a Working Group, reporting to the Sixth Committee, to draft the text of a declaration on human cloning. The idea of a negotiating a legally-binding convention had been dropped. This Working Group met in February 2005 and its report was adopted by the Sixth Committee. Current Status:The General Assembly adopted A/RES/59/280 containing the United Nations Declaration on Human Cloning on 8th March 2005, with 84 votes for, 34 against and 37 abstentions. Precursors:Universal Declaration on the Human Genome and Human Rights (1997). United Nations Declaration on Human Cloning (A/RES/59/280) Ad Hoc Committee on an International Convention Against the Reproductive Cloning of Human Beings Related Summaries on the Genomics Gateway Site:Universal Declaration on the Human Genome and Human Rights International Declaration on Human Genetic Data Universal Declaration on Bioethics and Human Rights Page last updated 26th March 2009. Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk |