Використання абортованих матеріалів: кримінально-правовий аспект

Abstract

Проаналізовані основні групи жінок, які здійснюють аборти в Україні. Визначені медичні критерії тканинної терапії, існування стовбурових клітин, методи їх трансплантації. Акцентована увага на кримінально-правовому аспекті використання абортованих матеріалів.

The main groups of women, who make abortions in Ukraine are studied in the article. What kind of significance abortion materials have for medicine and science. Stem cells and the history of their invention are defined. Medical criteria of stem cells’ existence are considered. Methods of stem cell transplantation and tissue therapy are studied. There are debates between supporters and opponents of euthanasia, organs transplantation, etc. The legal grounds regulating the issues of abortion, abortion materials, stem cells and transplantation have been the subject of research, namely the following scholars devoted their research: S.V. Anoschenkova, M.I. Bazhanov, L.A. Lozanovych, V.O. Glushkov, T.O. Lavrentiev, H.K. Lapko, V.I. Borysov and others. Considering the right to life there is the question: is it possible to use a human fetus for research? Whether this activity is legitimate and who should bear liability for illegal actions in this area – there is no definite clear answer yet even in the “Legislation basis on health care”. According to the data of sociological studies there are 6 groups of women who go to the doctors requesting abortion: (1) Women who are illiterate (ignorant) as in sexual (teenagers, recently faced “adult life”) and in medical field; (2) Women who conduct immoral way of life – such as prostitution, have casual sex relations, etc.; (3) Women who are forced to make illegal abortion for reasons that do not depend on them, for example, as a result of unplanned pregnancy that was a result of ineffective contraception; (4) Women who are forced to hide the fact of pregnancy and its consequences, for example, because of adultery in order to keep the family; (5) Women who are forced to make illegal abortion due to the “hopeless” situation such as lack of social conditions for the child’s upbringing, unwillingness to risk the loss of a job or income, etc; (6) Women who consciously use abortion as a mean to “prevent pregnancy”. This is the smallest group of women; (7) recently they have started to allocate another group of women who consciously get pregnant and make abortions at different periods of pregnancy, in order to sell abortion materials for their own enrichment. In modern medicine achievements abortion materials have an important role and human embryos are already formed. They are used for organ transplantations, in cosmetics and for other purposes, and it is not always legally. The main feature of stem cells is that embryonic stem cell has no specialization. In addition, embryonic stem cells are: - derivatives of all cell types in the body, they are the unique building material, which later helps to form organs and tissues; - due to the absence of specialization, while embryonic cells get to any organ, they are the material for forming cells of this organ, that’s why there are prospects for their use to repair damaged tissues and organs; - these cells are not perceived by the recipient’s body as heterogenous, so when they are transplanted there is no rejection, there is no need in an individual approach, as it happens while blood transfusion or organ transplantation; - embryonic stem cells have the ability to find “weaknesses”, that is where they are mostly needed. Both early embryos (up to 16 weeks of development) and later, already formed organs and tissues are good for preparing materials. This tissue can be stored for years in liquid nitrogen in a deep cold. If necessary one may get it, warm it up, reconstruct the course of biological processes and transplant it to the patient under the skin or into a vein. They are easily settled down and make colony in another body. They contain a large number of so-called stem cells, the basic units with the ability, if necessary, to turn into any special tissue in the body. The list of diseases, where a new type of therapy is used for their treatment, is quite large and it is growing. Diseases which are not amenable to any other treatment are among them. The main source of tissue and cells is human embryos that are obtained through abortions; and it also includes placenta and the so-called cord or umbilical cord blood. According to the Law of Ukraine on transplantation, it is material for recycling allowed to be used for medicinal purposes. Active debates between supporters and opponents of euthanasia, organs transplantation, etc. are still going on. Regarding this there is a necessity to assess the ethical aspect of current scientific achievements aiming at preventing implementation of those technologies that may harm a human being. To ensure the bioethical principles keeping is possible through the appropriate legal basis. Unfortunately, such a legal basis is not available yet in Ukraine, but there is a possibility to use some articles of “Legislation basis on health care”. In any case, human interests must be superior to the interests of science or society. These principles should be respected at all stages of human being’s life – from birth to death.

Проанализированы основные группы женщин, осуществляющих аборты в Украине. Определены медицинские критерии тканевой терапии, существования стволовых клеток, методы их трансплантации. Акцентировано внимание на уголовно-правовом аспекте использования абортированных материалов.