Regulations of Human Cloning Research in Japan and other Asian countries

1. Regulations of Human Cloning Research in Japan and other Asian countries Orio Ikebe Social and Health Sciences Faculty of Medicine Katholieke Universiteit Leuven

2. Overview of my presentation • Regulations of Human Reproductive and Therapeutic Cloning in Asia • Religious teachings and cultural attitudes towards unborn life in Asia (case study in Japan) • Conclusion

3. Ethical Issues of Human Cloning Reproductive Cloning • Technical and medical safety • Undermining the concept of reproduction and family • Ambiguous relations of a cloned child with the progenitor • Confusing personal identity and harming the psychological development of a clone • Concerns about eugenics, etc. Human Cloning: Ethical Issues, 2004, UNESCO

4. Ethical Issues of Human Cloning Therapeutic Cloning • Moral status of the human embryo • Sources of human eggs (concern for trafficking human eggs and exploitation of women • Medical and scientific safety

5. China Reproductive Cloning is prohibited Therapeutic Cloning is permitted “Rules on Assisted Reproductive Technologies for Human Beings(2003)” (Ministry of Public Health) “Guidelines for Research on Human Embryonic Stem Cells (2004)” (Ministry of Public Health)

6. India Reproductive Cloning is not permitted for the moment Therapeutic Cloning is possibly permitted “Ethical policy document on the human genome, genetic research and services (2001)” (Ministry of science and Technology)

7. Japan Reproductive Cloning is prohibited “The Law Concerning Regulation Relating to Human Cloning Techniques and other Similar Techniques (2000)” “No person shall transfer a human somatic clone embryo, a human-animal amphimictic embryo, a human-animal hybrid embryo or a human-animal chimeric embryo into a uterus of a human or an animal.” (Article 3)

8. Japan Therapeutic Cloning is not permitted “The Guidelines for Handling of a Specified Embryo(2001)” (Ministry of Education, Culture, Sports, Science and Technology) Research only on supernumerary embryos is permitted. The guidelines are currently under revision. New guidelines will permit therapeutic cloning with strict conditions

9. Korea (Republic of) Reproductive Cloning is prohibited “Bioethics Law (2004)” “It is prohibited to implant human clone embryo into a uterus. (Article 3)”

10. Korea (Republic of) Therapeutic Cloning is permitted “Bioethics Law (2004)” “It is prohibited to produce human embryos through SCNT with exception for the purpose of research on malignant diseases. (Article 4)”

11. Philippines “A draft Act Prohibiting the Cloning of Humans and Providing Penalties for Violations Thereof (2003)” The state of the draft law is unclear. The position of the Government is to Prohibit both Reproductive Cloning and Therapeutic Cloning

12. Philippines 58th Session of the United Nations General Assembly on “International Convention Against the Reproductive Cloning of Human Beings” (2003) Statement of the Philippines “…It is worth repeating here that the Philippine delegation is in full support of draft resolution (L.2) on the comprehensive ban on cloning of human embryo…allowing human cloning for research purposes would have the undesirable result of perfecting the very same cloning technology that could be used to produce cloned babies.”

13. Singapore Reproductive Cloning is prohibited “The Human Cloning and Other Prohibited Practices Act 2004” “No person shall place any human embryo clone in the body of a human or the body of an animal. (Article 5)”

14. Singapore Therapeutic Cloning is not directly addressed in the law. “No person shall develop any human embryo, that is created by a process other than the fertilisation of a human egg by human sperm, for a period of more than 14 days... (Article 7)”

15. Singapore Singapore is favorable to therapeutic cloning “Ethical, Legal and Social Issues in Human Stem Cell Research, Reproductive and Therapeutic Cloning (2002)” (The Bioethics Advisory Committee (‘BAC’)) The report recommends a complete ban on human reproductive cloning and recommends that human stem cell research and therapeutic cloning be permitted under strict regulation. The government approved the BAC recommendations.

16. Vietnam Reproductive Cloning is Prohibited Position on therapeutic cloning is unclear “Decree of 15/02/2003 on surrogacy and choosing the sex of embryos”

17. Regulations in Asian Countries (National Legislation concerning Human Reproductive and Therapeutic Cloning (2004), UNESCO)

18. Positions on Therapeutic Cloning in the World Based on “National Legislation Concerning Human Reproductive and Therapeutic Cloning (2004), UNESCO

19. Summary • There is no country in the world that permits human reproductive cloning. • The position on therapeutic cloning is divided mainly due to a different opinion on moral status of the human embryo. • Asian countries have more permissive attitudes towards therapeutic cloning.

20. What are the religious responses to the moral status of the human embryo and the foetus?

21. Concept of the Beginning of Life When does ensoulment occur? Catholicism (Roman Church) Moment of conception Buddhism Moment of conception Hinduism Moment of conception Islam 40 - 120 days after conception

22. How is the religious concept of the beginning of life adopted in the social discourse?

23. Case study in Japan Ethical teachings in Japan are influenced by Confucianism, Shinto and Buddhism. Confucianism: • Chinese philosophy introduced in the 6th Century • Ethical conduct in human relations, e.g. Family member, a citizen of the nation • No concept of the beginning of life

24. Case study in Japan Shinto • Indigenous religion based on an animistic view • Concept of “kami (deities)” in the nature. e.g. Mountains, seas, rivers, animals • Spirits of deceased persons join “kami” • No concept on the moral status of unborn life

25. Case study in Japan Buddhism • Introduced in the 6th Century • Mahayana (Greater vehicle) is most popular in Japan • Reincarnate into any other life form after death • “Chuu” (a consciousness of the self) wanders around in the air for 49 days before reincarnation • “Chuu” enters a woman’s body at the moment of sexual intercourse • Principle of not killing (animal and human) • Japanese Buddhism focuses on the salvation of lay people (with negative Karma) • Concept of “impermanence”

26. Moral status of unborn life Legal response • Abortion up to the 21st week is permitted Folk beliefs • Mixture of Shinto and Buddhism • Deceased children and aborted fetus join ancestors • Reincarnate as future children

27. “Mizuko Kuyo” in Japan “Mizuko” • Still birth, miscarriage and aborted fetus “Mizuko Kuyo” • A ritual for the repose of the spirits of Mizuko • A cult emerged in 1960’s

28. Mizuko Jizo http://www.dainichibou.or.jp/Builder/mizuko.html

29. http://sozai-free.com/sozai/00140.html

30. http://www.sky.sannet.ne.jp/y-shida/san..jizou/jizou.htm

31. Ema

32. Permissive position on Therapeutic Cloning in Japan • Tolerant attitude towards termination of unborn life in the Japanese society (e.g. reincarnation, practical adaptation of Buddhism) • Lack of ethical discussion on the moral status of the human embryo • Governmental policy to promote scientific research

33. Conclusion • Moral status of the human embryo divides the position on therapeutic cloning • Asian countries have more permissive attitudes towards therapeutic cloning • Buddhism and Hinduism recognize the beginning of life at the moment of conception • However, practical solution to abortion is established in the society

34. Conclusion • Moral status of the human embryo is less likely to hinder cloning research in Asia • Scientific safety and potential of ES cell research application are the crucial issues to permit therapeutic cloning (scandal in Korea)