Verfassungsrechtliche Probleme der Forschung an humanen pluripotenten embryonalen Stammzellen und ihre Würdigung im Stammzellgesetz

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The stem cell research delivers promising results for the treatment of severe human diseases. Science refers to freedom of research guaranteed in article 5 paragraph 3 sentence 1 of German constitution. Nevertheless the German legislator restricted the in former times free import and use of human pluripotent embryonic stem cells by the stem cell law dated 28th June 2002. The law shall prevent interferences regarding the right to live (article 2 paragraph 2 sentence 1 of constitution) and the violation of human dignity (article 1 paragraph 1 of constitution) of embryos which are killed in the process of establishing stem cell lines. This investigation puts a main emphasis on the question if embryos enjoy the protection of the constitution out of which the constitutional discussion of stem cell research is developed. It tries answering the question regarding the constitutional protection of embryos before nidation considering the constitution and the previous dispensation of the Federal Constitutional Court. Finally the result is discussed in connection with the opinions in literature. The nidation is recognized as being the decisive event for the raise of the embryo into the state of constitutional protection. Finally, the investigation meets the constitutional appreciation of the regulations of the German stem cell law.