Some legal and ethical aspects of xenotransplantation in light of the proposed revision of the Directive on the protection of animals used for scientific purposes

M. Jorqui Azofra

Some legal and ethical aspects of xenotransplantation in light of the proposed revision of the Directive on the protection of animals used for scientific purposes

In: Global food security: ethical and legal challenges

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M. Jorqui Azofra

M. Jorqui Azofra Inter-University Chair BBVA Foundation – Provincial Government of Biscay in Law and the Human Genome University of Deusto and University of the Basque Country, Spain; mjorqui@genomelaw.deusto.es

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Type:: Chapter

Pages:: 378–383

DOI:: https://doi.org/10.3920/9789086867103_061

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Unlike what happened in other times, society in general, and especially the scientific community has become aware that animals share our sensitivity to pain and the capacity to suffer. In this regard, it is generally accepted that animals must be protected from all types of abuses. In fact, it is unavoidable today that animals used in scientific experiments enjoy the maximum degree of protection and well being. This is a view based on an ecocentric notion of living matter opposed to the traditional anthropocentric approach, as it has become evident that ethics should not be limited to those belonging to the same species. Likewise, there is a broad consensus – with the exception of members of certain animal protection groups – regarding the need to experiment with animals, when no alternative methods (AM) are available, given that the current state of scientific knowledge still does not allow for this type of experimentation to be entirely abolished. The proposal for a Directive on the protection of Animals used for scientific purposes (PD) – European Commission ‘Proposal for a directive of the European Parliament and of the Council on the protection of animals used for scientific purposes’, 5 November 2008, Brussels – tries to strike a compromise between ensuring that research can continue in the European Union (EU) and improving animal welfare. From an animal welfare perspective it is a step forward. In this article we will review some of the main ethical criteria that serve as a basis for balancing the scale; in other words, to guide and legalise animal experimentation in the field of xenotransplantation (XT). To that end, we will take into account some aspects of the PD, in order to reflect, in turn, on the following issue: Where is European institutional ethics headed on this issue?

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Global food security: ethical and legal challenges

E-Book ISBN:: 9789086867103

Publisher:: Wageningen Academic

Print Publication Date:: 30 Oct 2010

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- Life Sciences

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Some legal and ethical aspects of xenotransplantation in light of the proposed revision of the Directive on the protection of animals used for scientific purposes

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Global food security: ethical and legal challenges

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