6.10. Followup Studies of Cloning, Stem Cell Research and Eugenics Law

pp. 117-120 in Bioethics and the Impact of Human Genome Research in the 21st Century

Author: Norio Fujiki, M. Kuriyama, M. Hirayama T. Azuma,( Fukui Medical Univ.) K. Hashimoto (Tsuruga TOYOBO)

Editors: Norio Fujiki, Masakatu Sudo, and Darryl R. J. Macer
Eubios Ethics Institute

Copyright 2001, Eubios Ethics Institute All commercial rights reserved. This publication may be reproduced for limited educational or academic use, however please enquire with the author.
We have presented the medical genetic services and cloning, at the UNESCO Asian Bioethics Conference in Kobe 1997. According to the UNESCO Declaration of Human Genome and Rights in 1998, we should have followup studies of several topics, such as cloning experiments, stem cell research and eugenic law.

Human Cloning Experiments;

Cloning experiments has been intended to apply to human individual, but it is quite rational to prohibit by law on the transfer cloned human embryo into human or animal maternal body on, due to respect the human dignity as well as safeguard and economic evaluation. However, cell culture technique has not prohibited, cloning of human embryo, in stead of reproduce the human individual for the chimera and hybridization between human and animal, has much more seriously prohibited because of transmissible genetic materials and infectious agents. Accordingly, human embryo applications to medically assisted procreation techniques, has already applied for certain animals, such as gender differentiation and selective breeding. The human embryo can only be used for fundamental research, not yet related to personal procreative projects, such as fetal brain transplantation for the treatment of Parkinson disease. Cabinet Council of Science and Technology has proposed that human cloning experiments have prohibited with moratorium for 3-5 years for discussing on safeguard and ethical debates, and it should be regulated by law, with penalties.

Animal cloning offers the opportunity to advance the biomedical research on diagnosis, treatment of diseases besides of such medical improvements and agricultural products. The availability of genetically identical organisms cloning-can help to elucidate the etiology of diseases and interaction of gene and environments. The using of cloning techniques for duplication of human individual are ethically unacceptable, as it would be violate some basic principles. Such great variability and DNA sequences must be respected, in order to preserve the dignity of human species and protect the quality of human genome and rights.

Embryonic Stem Cell Research

J. Thomsen in Univ. Wisconsin was first to pull of the feat in 1998, and has used an entire tissue bank of stem cell , hoping one day to turn into specialized tissue almost at will-eliminating the need for future embryos. Stem cells can also be obtained from aborted tissue by J. Gerhart in John Hopkins University. The first human trial could begin in the next couple of years. Just don't know to hear a lot of what's going on behind the closed laboratory door, if congressional ban continues and stem cell research remains almost entirely in the hands of biotech companies.

In Japan, concerning the tremendous developments on differentiations with both structural and functional analysis, gene control system has been discussed for embryonic stem cells, called transplantation or regenerative medicine, National Bioethics Advisory Committee (Imura), Subcommittee on Human Embryonic Stem Cell (Okaka) as well as Cloning Working Group (Toyoshima) and Millennium Projects, in Cabinet Council of Science and Technology, have finally submitted the summary report of Science Council of Japan, combined, with Monbusho, Koseisho, Kagicho, Tsusansho, Norinsho, under the Cabinet Council of Science & Technology.

Application To Brain Sciences

 A critical factor will be what we do with human embryonic stem cells, which have potential cure of disease and conditions ranging from Parkinson disease, multiple sclerosis to diabetes and heart disease, and Alzheimer disease even spinal cord injuries In the processes of embryogenesis for fertilized eggs how can we understand the variability of the cell functions on higher differentiation, functional processes of gene products in order to study the brain stem cells. Okano, R. in Osaka Univ. has reported that human brain, composed one billions neurons and its 10 times numbers of glia cells and how these variability was clarified its higher functions in the brain, and its malformed functions, has lead into variations of psychotic diseases and dementia, and thought that it might effective treatments. Using green fluorescent protein (GFP) he has detected the brain stem cells in brain tissues, and isolated in visible state using sell sorter, and analysed on cellular proliferation and differentiation process. He has succeeded in developing practical roles for model animal exercise using knockout mouse of diseases and spinal cord injuries and finally success for the regeneration processes using GFP selection, and clarified the possibility of treatment of incurable nervous diseases. Sato, G. in Okayama University, has reported the successful brain transplantation, including with semipermeable membrane capsules of rat brainstem cells, and functional survey for a long period of Parkinson disease model animals, which dopamine a inducing cell lines of DC12 with transgenic experiments. Following such exciting experiments for clinical applications of human brain stem cell research. although unknown adverse effects might occur, it will be first step for gene therapy suing TH gene and NGF gene vectors of brain stem cells as donor cell with great successes.

Legal Status Of Abortion In Japan

We have many changes on legal abortion in Japan since 1940.

1) Before 1880 for the stabilization of the population size.

This was stabilized at 30 - 40 millions from the early of Tokugawa Shogunate in the late 17 century up to the Meiji Restoration in 1886 in Japan. This means that the Tokagawa Shogunate and his loards carried out population policy of stabilization, especially for farmers. They permitted abortion tacitly, although they officially prohibited it. In 1873, after Meiji Restoration, Japanese government told midwives not to provide abortive medicine or abortive procedures. (Abortifacient methods: folk methods -herbal and natural and manufactured, physical, medical techniques, drugs prayers, voluntary traumas) - especially Mabiki, (infanticide). It did not however, proclaim that abortion was criminal. At that time people considered a fetus is a part of mother's body. Abortion was not criminal in our legislative history in 1880. The French criminal law of 1880, which prohibited all abortions, and succeeded partially as new law, but much the same criminal code in 1907.

After the registration in 1868, the Japanese government wished to replace the feudal system, with a modern one, so that the new scientific knowledge and technologies could be introduced and industrialization was promoted very rapidly in Japan. Therefore, the Japanese government adopted new policy to enrich and strengthen Japanese society and encouraged increase in birth rate. This was the very reasons why abortion was considered criminal in 1888. Christianity did not prevail in Japan, due to the Tokugawa Shogunate's policy of national isolation for over 600 years therefore, in Japan, abortion was considered criminal with no background in Christian ethics. Obviously there were quite different between Japan and Western countries in this point.

2) National Eugenics Law of 1940, for seeking higher birth rate:

General attitude toward abortion showed a dramatic changes once criminal law took effect, one reason was the influence of Christianity with rapidly took root in Japan, as of the late 19th century, and another was a population policy advanced by the government at that time. With the expansion of capitalism and militarism in Japan, it encouraged an increase of human resources, which were considered indispensable for the economic and military domination for foreign countries, especially China do not. In fact, the government encourages childbirth and prohibit abortion, to permit the inversion to other countries.

In 1940 when Nazism began to dominate in Japan, the National Eugenic Law was promulgated, followed by the sterilization Law in Nazi Germany and legalized abortion only for eugenic reasons, and abortion procedures were rapidly restricted by the enforcement of detailed regulation.

3) Eugenic Protection Law of 1948, for decrease in birth rate:

In 1945, when Japan surrendered to the allies, Japanese population was 78 millions, 72 in home and 6 abroad, and Japanese government has regulated the population since vast territories outside the home country were lost and the postwar baby boom brought about population expansion and the standard of living fell down considerably.

In 1948, the government promulgated the Eugenic Protection Law, having the ways for legal abortion to control the Japanese population. The authorized abortion, I ) abortion performed by the qualified gynecologists, 2) voluntary abortion., under the examination in Eugenic Protection Commission. The abortion was intended to prevent genetic diseases and malformations 3.) Besides these diseases, if a woman unwanted another pregnancy within the year after previous delivery, if woman already had enough children and delivery seemed to endanger maternal health, or If pregnancy seemed to occurred as a result of rape, and if woman was wanted to have legal abortion faced many difficulties.

Afterwards, in 1949, the government amended the law and authorized abortion for economic reasons. If continuation of pregnancy put the her health gravely in peril for physical and or economic reasons, qualified gynecologists could request permission for the abortion. Thus abortion for economic reasons were permitted only when it could protect the mother's health.

By the amendment of 1952, and later finally the Eugenic Protection Law in 1960, was established I. General Provisions ( article 1-3). II. Eugenic Operation (3-13). III. Protection of Mother's Life and Health (14-15). IV. Eugenic Protection Commission (16-19). V. Eugenic Protection Consultation Office (20-24) VI. Notification, Prohibition and Others. (25-28). VII. Penalty Provision (29-34), finally Supplementary Provision (35-39).

After 1948, the articles were deleted, such as 4-13,16-24 due to new law and only remained chapter of definition of sterilization and artificial abortion, and sterilization for the purpose of continued pregnancy seemed causes by hazard of maternal life and/or economy of the family or caused by rape.

4) Maternal Protection Law in 1996, for removal of eugenic ideas:

After several hot discussion on the eugenic idea in old Eugenic Protection Law in 1956, new Maternal Protection Law was made in chapter 1) sterilization, 2) artificial abortion, and main themes were improvement of removal of eugenic idea, because of previous law was established for the prohibition of inferior descendant from the eugenic standpoint, and protection of maternal health and life. But for eugenic means, the genetic discrimination for handicapped persons, we shall remove these sentence and modified as Maternal Protection Law. Of course, the sterilization and abortion, due to prevention of genetic diseases and malformations, and genetic consultation office was amended, but protection of maternal health should be more emphasized and public education, birth control and family planning in health centers. The following items has been changed; definition, statistics, Medicare and public education for birth control and family planning, and time for permitted abortion, (before 22 weeks gestation,) as well as stillbirth certificate.

The members of Women's Liberation Group insisted on the women's rights to decide by herself at the time of prenatal diagnosis and following selective abortion, whereas the members of handicapped person's association emphasized asserting that the authorization of selective abortion would be lead to the exclusion of the handicapped from the society. So that new Maternal Protection Law has almost completely removed the expression of the eugenic idea in population basis and emphasized more public education for the future society.

We have discussed in the detail for guidelines for the medical genetic services in WHO Assisted Satellite Symposium in Fukui on 1997, and also continued at WHO Working Group Discussion in Geneva, immediately after Fukui meeting in 1997. The different concepts of eugenic idea between individuals family and population, human rights and the human gene pool, and it has occurred only active eugenics exist in utopia, and also practically individual responses for genetic testing, carrier detection. premarital and prenatal diagnosis and following abortion. In order to produce a healthy next generation as shown in WHO Thalassemia Eradication Strategies.

In 1998, our UNESCO Universal Declaration of Human Genome and Rights in Paris, proposed that in Article 19, for solidarity, international cooperation, and promote the practice of solidarity towards individuals, families and population groups, who are particularly vulnerable or affected by diseases and or disability and genetic characters. We should further research on the diagnosis, treatment of genetically influenced diseases, under the public circumstances allowed by universal human rights and freedom of research.

We have to discuss further ethical problems on assisted reproductive technologies and prenatal diagnosis and so fourth, for the guidelines of medical genetic services and ethical provision in WHO. It is the time for the formulation of legal and social behaviours on the assurance of women's reproductive rights.

Conclusion

In summary as shown in the UNESCO Universal Declaration of Human Genome and Rights in 1998 in IBC of UNESCO (Paris), solidarity, international cooperation and freedom of research has been respected, and Human Genome has thought as common heritage of humankinds. Human population as a whole has the right to live in the living environments with human dignity and solidarity with person with genetic disease and disabilities, as well. Such conditions have assumed to appropriate supports as whole human populations.

They should also undertake to facilitate on this subjects open, international discussions and followup, which we have now pointed out, ensuring the free expression of various socio-cultural, and religious and philosophical opinions.

References

1) Fujiki. N. The recent trends in bioethics in medical genetic services and cloning. in Bioethics in Asia ( Ed. Fujiki. N.. Macer D.R.) 254-263. E.E.1. 1998.

2) Shapiro. H.R. Ethical and policy issues of human cloning. Science 277: 195-7. 1997.

3) Lenoir N. Universal declaration of human genome and rights UNESCO,IBC Bio 97' conf. 201/6 Paris 1997.

4) Nakajima H. Cloning of human reproduction. 5th World Health Assembly 50:37. Geneva,1997

5) Fujiki, N. (ED) : Science Technology and ethics. In Medicare. Ethics and Society. (Ed. Kondo, K, Fujiki, N.) Univ. Air. Tokyo 1999.

6) Shapiro, D. (Ed). Xenotransplantation. Nuffield Council Bioethics. London, 1998.

7) Andrew. E.B. (Ed). Ethical Issues in Human Stem Cell Research. N.B.A.C., USA. 1999.

8) Shirai, Y. Japanese women's attitude toward selective abortion. Studies in Humanity. 23:25. 1986.

9)Ministry of Health and Welfare (Ed) : Documents for Training Course of Maternal Protection Law. and Family Planning. Tokyo. 1998.

10) Western pacific Region of International Parenthood Federation.(Ed) Eugenic Protection Law in Japan. Manila 1968.

11) Alan Guttmacher Inst. (Ed) : Clandestine Abortion. A Latin American Reality. New York 1994.
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