Abstracts Law

Human reproductive cloning community, identity, stability : reinventing creation

by Eleni. Yiannakis

This thesis examines the moral, ethical and legal aspects of reproductive human cloning. After examining the facts about cloning, this thesis tackles the difficult question of whether humans should be cloned. This is explored through an in-depth analysis of the moral and ethical acceptability of human cloning. The author concludes that human cloning should never be attempted and that consequently such a practice should be permanently prohibited by a legal norm. This thesis then surveys national legislation and international law to see if there presently exists a prohibition of human cloning. This thesis then examines possible future legal action regarding human cloning and suggests a legislative scheme. Finally, possible constitutional challenges to future Canadian legislation prohibiting human cloning are analyzed. This analysis focuses on the right to liberty and the right to security of the person entrenched in section 7 and the right to equality embodied in section 15 of the Canadian Charter of Rights and Freedoms. The author concludes that such challenges would likely be unsuccessful.