Human Clones and International Human Rights

MacIntosh, Kerry

Journal: Santa Clara Journal of International Law

Volume: 4

First Page: 134

Year: 2006

Bluebook Citation: 4 SANTA CLARA J. INT'L L. 134 (2006)

Author: Kerry Lynn Macintosh: all 14 publications


Abstract

The United Nations Declaration on Human Cloning calls upon member states to prohibit all forms of human cloning. However, the Declaration is nonbinding and will not put a stop to cloning around the world. Scientists will continue to clone embryos in their quest to develop stem cell therapies, ultimately, their work will facilitate the birth of human clones.;Once born, human clones will be entitled to all of the rights and freedoms enumerated in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), without distinction based on their birth via asexual reproduction or status as human clones.;Article 26 of the ICCPR prohibits laws that discriminate against human clones based on their birth or status. Anti-cloning laws violate this prohibition.

The laws have a discriminatory purpose: they are an attempt to stop the birth of human clones. The laws also have a discriminatory effect: human clones will lose their parents to prison and be stigmatized as subhuman duplicates who are unworthy of existence.;Therefore, the U.N. Declaration on Human Cloning, which calls for the enactment of these discriminatory laws, is inconsistent with international human rights and should be rescinded.

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