Assimilate what has occurred since it was made public the scientific event cloning of a sheep in 1997, to this day, is perhaps a globalized society and immersed in the world of communications not a very difficult task, and enough to conduct a review of the different specialized websites, newspapers, magazines and academic sites, to understand it and as cloning occurred. However an analysis or questioning their ethics, moral and legal convenience is a little more daring exercise and requires a review of laws, agreements, treaties, agreements and / or any other instrument that exists, and is even more complex if take into account that the legislation does not move equally in all countries, even being in the same region.
In this context, this paper aims to show a vision of what legal matter has advanced to regulate concerning the cloning of human beings and what the challenges posed by this law are subject to, and where our country Venezuela in this regard.
However, it is important to note that cloning is according to the Dictionary of the Royal Spanish Academy (DRAE) “action and effect of clone”, and the same DRAE defines Clone the “Joint cells or genetically identical, caused by asexual reproduction from a single cell or organism or artificial division of initial embryonic stages “. That is, the production of an individual from another without a sexual act is brownish, occurs in a laboratory and under very special conditions and individuals.
It is here an initial question: what was then produced by cloning technique is an embryo, a human being who is ?. Although from a biological point of view human life begins with fertilization, the discussion refers to when that new life is worthy of protection ontological status ?, when is comparable to a person, and therefore inviolable? The idea that the human being begins at the “moment” of fertilization, the zygote has to face several facts: Fertilization is not a “moment” but that lasts for hours or even days. Activation of the egg by sperm predates the genetic identity, which is not achieved until the formation of diploid nucleus (phase 2 cells of the embryo). Until the 4th day, the genetic properties of the zygote-embryo dependent proteins and RNA that brought the egg before fertilization. Diego Gracia (1998)] and Manuel Cuyas (1989) have summarized the various historical-philosophical paradigms on the subject, as Cuyas says, is that, first, the solution escapes the powers of the natural sciences (where no concepts fit as a person, etc.), and philosophy and theology, because they can not determine when the individual begins to exist, subject or person.
From a legal perspective, there are globally many initiatives to regulate and control experimentation on human embryos and ultimately to prevent the production of human beings, documents all born from far or very near the day was passed which has successfully cloned a sheep named “Dolly”, the first mammal cloned from an adult cell. Its creators were scientists at the Roslin Institute in Edinburgh (Scotland), Ian Wilmut and Keith Campbell. His birth was not announced until seven months later, on February 23, 1997.
In this vein, at the global level there are documents such as the Declaration on the Human Genome and Human Rights, proclaimed by the General Conference of the united nations education, science and culture, November 11, 2007 . Article 11 establishes that “shall not be permitted practices that are contrary to human dignity, such as reproductive cloning of human beings …” for its part the European Union through the European Commission its executive requests ban in 2003 cloning humans for reproductive purposes, led to uncertainty existed to date on the risks associated with this technique.
However, as the Venezuelan state, there is enshrined in the constitution of the republic in Article 127, the ban on patenting the human genome and proposes the creation of a law on bioethical principles, not yet discussed. Only bioethical principles are announced in the organic law of science, technology and innovation in Article 7 and the ethics committees, bioethics and biodiversity are created in Article 8 of the Act, in order to establish control over the experimental and scientific, technological and innovative practices, all within human rights, but there are no specific prohibitions on human cloning. Also created in 2002 the Bioethics and Safety Code, where the philosophical principles and rules derived from these are dictated.
It is important to realize here at our discretion special consideration to frame the issue within the legal context, relating to fundamental rights, which according to L. Ferrajoli are “all those individual rights that are universally” all “human beings as gifted status of persons, citizens or persons with capacity to act “(L. Ferrajoli: Editorial Trot 2001, P. 19). They are universal, inalienable and therefore needed to enjoy these is human condition, and that is where comes the discussion of whether these rights are extended to human embryos and fetuses. And according to the statement of the expert group that has studied the issue of cloning considered referring to human rights “such rights do not differentiate between human beings, not granted or acquired, as you can not miss, are entitled to everyone equally and everybody possess or can reclaim although not all of them are indeed recognized “(Committee of Experts on Bioethics and cloning, Report on cloning: on the borders of life, Editions Twelve Streets, Madrid, 1999 , p. 165).
Thus, in view of the arguments and reasons that impose the statements and the current trend of constitutions (as the case of Venezuela) and the unstoppable passage of laws in different countries, it is wise flatly oppose human cloning reproductive purposes but not, at that oriented aimed at solving health problems of our era scientific research. We are aware that human evolution is a fact and unstoppable progress in genetic engineering contribute to the perfection of human beings, to improve somewhat similar as improved plants and animals without actually clone, as this would be like trying to achieve eternal youth, as it affirms. in biomolecular chemistry Brigitte Boisselier, who works for the company Clonaid, an organization that claims to have cloned the first human being, and states in its website that “Eve, the first cloned baby was born on December 26, 2002, thanks to our team of highly qualified scientists. Since then, we have been able to help a number of patients who have their own children through our cloning technology. “