The legal status of the human embryo and its influence on the legal regulation of biomedical research on human embryos

The article examines the problem of determining the legal status of the human embryo and its influence on the legal regulation of social relations arising in conducting biomedical research on human embryos. The author notes that there is currently no single approach to the legal status of the human embryo and points out that there are two main approaches, according to which the human embryo is either a subject or an object of law. Disagreeing with both approaches, which are unable to strike a balance between the protection of the human embryo and respect for human dignity, on the one hand, and the interests of the individual, society, the State, and science on the other, the author stresses the need to give the human embryo a special legal status that can ensure such a balance. The author stresses that this legal status of the human embryo should be based on respect for human dignity, which is a moral and ethical standard recognized by society. The appeal to human dignity as a moral and ethical standard, rather than to human dignity as a subjective right, makes it possible to provide the human embryo with adequate, but not absolute, legal protection, which will make it possible to establish a legal regulation of the social relations arising in the process of conducting biomedical research on human embryos, taking into account the balance of interests discussed above. To maintain the balance of interests, the author proposes to build the legal regulation of social relations arising in conducting biomedical research on human embryos based on the system of legal regulations establishing prohibitions and restrictions on biomedical research on human embryos. Such a model of legal regulation will ensure compliance with the moral and ethical standards existing in each society, taking into account the economic, political, religious, and other characteristics of each country. After studying international and national legal acts, the author concludes that this model has been used for many years at the international and national levels.