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Law and embryology.

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Introduction

Law and embryology The law surrounding the rights of an individual has become more contentious over recent years, due to the expanse of Europe. With the advent of the European convention on human rights and are implementation in our own Human Rights act 1998.We all have more rights than ever and these convention rights has been raised in cases such as Evans v Amicus limited. However as well as a discussion on rights it also deals with interpretation of the relevant acts and how this interpretation affects the rights of people. This case concerned two women who 'together' with their partners took part in the treatment of In Vitro fertilisation. During the fertility treatment the couple split up and ended their partnership. However there was still Embryo's being stored, and the women wished to use these even though they were no longer with their partners. The partners withdrew their consent, which is covered in the Human Fertilisation and Embryology sch. 3 para. 4(1). ...read more.

Middle

Section 28 of the HFEA 1990 was found to interfere with art.8 and 14 mentioned above. Article. 2 (the right to life) were discussed in the Amicus case. This article gives protective rights to those who are born (Paton v U.K). It does not give rights to either foetuses or embryo's. If this were applied to these then a legal abortion would become illegal, even in cases where there could be death. This is further discussed in the cases of partial birth abortions. There was new legislation approved in the U.S last year for this, as it could be seen this type of abortion would be pushing the convention (U.S not part). Art. 8 (right to private/family life) this article protects the private or family life of an individual so that it is not interfered with by the member state. This right was discussed heavily concerning the deceased fathers act. ...read more.

Conclusion

The right to have children would not seem to apply to men when women are carrying the baby and want an abortion, however, due to the facts there carrying the child it is logical to give them a final word but here was a case were an embryo was in storage. The final article that shall be discussed that concerns the Evans case was that of article.14 about discrimination. Again this was highlighted by the deceased fathers act, preceding which were two reports advising on the manner of the change in legislation. The Evans case shows less clear discrimination but applies it. The discrimination that is covered is that of race, sex, colour religion e.t.c. These articles are for the protection of people but as shown in the Amicus case they can be interpreted in different ways when having to read your own member states law in conjunction with it. The rights protect everybody and as such are difficult in situations like Evans. ...read more.

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