Embryonic Stem Cells in an International Human Rights Framework

Recent scientific breakthroughs have revealed an innovative method of regrowing organs from embryological stem cells. This method can be harnessed to treat various life threatening diseases such as cancer and leukaemia. However, it has spurred controversy since it requires the destruction of the embryo from which the stem cell is derived. On the one hand, various activists argue that the unborn embryo has the right to life. On the other hand, people who need stem cell treatment might argue that they have the right to the highest attainable standard of health, and hence are entitled to stem cell treatment. Therefore, there is a potential conflict between the right to health and the right to life, and thus this paper analyses the current framework of international human rights law in order to conclude which right is applicable in this case. This paper also tackles the important and related issue of whether international human rights law currently prescribes the right to life to unborn embryos, as this is a decisive issue in determining the applicability of both rights. However, this paper will not deal with ethical questions per se.