EIRP Proceedings, Vol 2 (2007)

Abstract

The evolution of mankind and perceptions about life has bought changes of vision regarding the limits of
biological life and the right to live. The moment when the life starts and when it ends, by other than natural
causes, as an object of penal protection by incriminating the killing, it’s a subject that raised arguments in penal
doctrine from some time.
The results of genetic manipulations, experiments on human embryos or those of medically controlled birth may
be sometimes very serious. In this respect, the protection of the child that it’s going to be born is as important as
that one that is already born.
The importance of this settlements corresponds with changes in the Constitutions of some states by
adding new items about the ways of protection of the human rights as well as the right of genetical integrity that
gives the absolut right over own body. In this sense the interdiction of cloning is an universal right of human
beings, but the right to dispose over own body is prohibited when it is transgressing upon the rights and
freedoms of others, the public order and good manners. Such an interdiction recalls the need that the law keeps
under control the scientific development, like stated in one ONU resolution. The interdiction of reproductive
cloning is part of the general rights of mankind, while the terapeutical cloning it is going to be proved as one of
the necessities of mankind.