by Alliance VITA | July 8, 2021 | News, Surrogacy
A media blitz has recently put surrogacy back in the headlines in France.
First, without wasting any time after the new French bioethics law was voted to extend access to “ART for all”, the pro-surrogacy militants have now started advocating it through various media networks. Their basic argument lies on equal rights for all, including “parenthood”, which they consider a right that technology now now renders available to everyone. For instance, on June 29th in an editorial in the French newspaper “Libération”, the journalist asserts that “the desire to have a child must be universally satisfied”.
Even so, during the bioethics debates, several prominent figures from all political parties voiced their disapproval, considering surrogacy inherently unethical.
On July 7th, “Arte” TV aired a documentary on so-called “non-commercial” surrogacy practice in Belgium. While it is banned in neighboring France and Germany, it is tolerated in Belgium, inciting some couples to cross the border to obtain surrogate babies. This headlong rush to the lowest ethical bidder has also been endorsed by some notable French key figures.
Meanwhile, the global pandemic has highlighted many dramatic consequences related to surrogacy.
Numerous appalling situations have occurred where surrogate newborns were left “stranded” in hastily rented apartments or entrusted to nannies, since the “intended parents” could not recover the babies, pending the reopening of international borders. In Russia, where surrogacy is available even to foreigners, approximately 150 clinics propose it, making surrogacy relatively easy thanks to the fact that it has been legal and available at a low cost in this country since 1993, until borders closed down, disrupting the whole system.
Following these recent tragic events, a bill to ban international surrogacy was tabled in the Duma by the Russian Parliament. The draft law makes explicit reference to the previously cited incidents and go as far as mentioning infant deaths.
If Russia votes the ban of international surrogacy, it would not be the first country to reverse its legislation. In recent years, this volte-face has already been taken by other countries such as India, Nepal, Thailand and Cambodia.
by Alliance VITA | July 8, 2021 | News, Bioethics Law
The debate on the new bioethics bill didn’t end on June 29, 2021, when the French Parliament finally adopted the text. A referral has now been filed with the Constitutional Council by 80 parliamentarians from right and center parties (Republicans or “LR” and Union of Democrats and Independents or “UDI”) on the grounds of “scientism with unlimited boundaries”.
Their criticism is based on several well-defined bioethical axes, and steers clear of the hotly debated social issues, such as extending “ART to all”, without medical justification. An article in “Le Figaro” points out that “the jurists are well aware that the Constitutional Council is reluctant to intervene in social issues”.
This referral specifically draws attention to the important role of constitutional limitations for human beings protection and human dignity by enforcing regulatory boundaries to research since science should not be the sole determining factor for ethics.
Two main axes are adressed:
1st Axis: Embryo Research
Indeed, the new law contradicts the ethical regulations which are already in vigor, namely article 16 of the Civil Code, which specifies that “the law ensures the individual’s inalienability, prohibits any attack on a person’s dignity and guarantees respect for all human beings from the beginning of their life.”
Not only does this new law blatantly disregard the established regulatory criteria for research on embryos and stem cells, but it also authorizes the creation of genetically modified human embryos and human-animal chimeras. Moreover, it violates the international 14-day standard which prohibits the in-vitro culture of human embryos beyond this advanced stage of development where the first signs of the central nervous system can already be detected. These legislative “novelties” which allow embryos to be increasingly considered as mere sources of raw material have been voted, although they clearly denigrate the respect due to human embryos. These far-reaching legislative changes were adopted “leaving the dignity of the human being unprotected against research interests “, explain the MPs who qualify these changes as a “complete paradigm shift”.
Nowadays it is obvious that research on animals, including those in fetal or embryonic form, benefits from more protective regulations than research on the human embryo itself. Why shouldn’t the precautionary principle, which provides constitutional protection for the environment, be applicable for protecting the human species ?
2nd Axis: Legal Protection Against Eugenics
Indeed, allowing human embryos to be genetically modified constitutes an unprecedented breach, cracking open the door to an era of genetically modified human beings. In their referral, the MPs warn that “by authorizing the creation of transgenic embryos without specific objectives or regulatory limits, the integrity of the embryo, the integrity of our genetic heritage, and consequently that of the human species is being undermined.” They also emphasize that it could “jeopardize the ban on eugenics” and that “by design, fundamental research is bound to advance someday towards clinical stages”.
Bear in mind that in 1994, when the first bioethics law was enacted, the Constitutional Council ruled that the “primacy of the human being, respect for the human being from the inception of life, the inviolability, integrity and non-marketability of the human body and the integrity of the human species» are the very provisions which help ensure the constitutional principle of protecting human dignity. Now, more than ever, these constitutional values must be unequivocally reaffirmed, and, above all, their application must be guaranteed.
Other serious incoherencies in the bioethics law were also pointed out. For example, article 20 allows a pregnant woman the discretion of whether to reveal medical information concerning the health of her unborn child to her spouse. However, for infants conceived by sperm donation, the donor would automatically be informed if a genetic abnormality is detected, while the intended father, or the lesbian partner, would not necessarily be notified. This is a de facto breach of equality which undermines the system of liability for parents and bypasses the mutual duties of spouses towards their children.
Normally, the Constitutional Council must render its’ decision within one month’s time. Nevertheless, since the government wants to implement certain decrees very quickly, especially “ART for all”, it could ask the Constitutional Council for an emergency ruling, thus shortening its’ allotted time to one week.
by Alliance VITA | June 25, 2021 | News, Old age and Dependency
Since 2017, successive announcements have been made for an upcoming reform of the “Advanced Age and Autonomy Act”. Prior to his election as French President, this reform was part of Emmanuel Macron’s campaign promises. The issuing of additional sanitary restrictions for the pandemic has exacerbated this worrisome issue concerning the loss of autonomy for the elderly, whether they are at home or in nursing homes.
Once again, in June, the Directorate-General for Social Cohesion (“DGCS”) organized meetings with the representatives of federations on ageing to discuss three courses of action: the growth and development of “EHPAD’s” (nursing home establishments for aged and dependent individuals), home care services, and the fundamental rights for safeguarding vulnerable adults.
Ideas for reforming the rights of vulnerable adults
On June 14, the group focused on the issue of safeguarding vulnerable adults and their fundamental rights. The “DGCS” has underlined that defending these rights is part of the policy for autonomy since it “is a question of allowing each individual to be able exercise his rights, to carry out his projects and to take an active part in social life”.
Proposed courses of action include:
- reaffirming and emphasizing the fundamental rights of assisted individuals (systematically verifying their informed consent, their visitation rights);
- incorporating a clause against maltreatment in the Code for Social Action and Families
- formalizing prevention policies to fight against maltreatment in the projects for nursing homes and service providers; setting aside time for professionals to reflect on a code of ethics and professional conduct;
- clarifying the professional role for the legal representatives for the protection of adults and reforming their training procedures;
- instituting requirements for the mandatory judicial representatives for the protection of adults (“MJPM”) to file reports with the administrative and court authorities;
- enact tougher requirements specifying that prices for accommodation be clearly spelled out in “EHPAD’s” and in assisted living residences…
These issues, i.e. improving “Ehpad’s”, home care assistance, and safeguarding the fundamental rights of vulnerable adults, appear to be considered by several specialists as the foundation for a bill that could be tabled in July, followed by a parliamentary discussion in autumn.
Furthermore, an IFOP survey from May 19 – 25, 2021, commissioned by “Synerpa” (National Union of Establishments & Private Residences and Assisted Living Services for the Elderly) has revealed that:
- 74% of the French believe that the issue of supporting elders in their advanced age is not sufficiently taken into consideration by political candidates (for regional, presidential, and legislative elections)
- 60% of the French believe that the government should implement the Advanced Age and Autonomy Act without delay (i.e., in September 2021).
In view of the upcoming presidential election in 2022, the French have underlined two priorities that candidates should address for the future:
- 59% want candidates to promote and develop home care and assisted living services for the elderly;
- 48% are in favor of government financial aid to help defray expenses for nursing home accommodation, based on one’s resources.
These results concur with the Libault report entitled “Advanced age, time to act” (“Grand âge, le temps d’agir”) carried out between October 2018 and January 2019 which polled 414,000 French citizens.
Will future electoral candidates take these hopes and expectations of French citizens under serious consideration? Will they face up to the demographic reality of the increasing number of dependent elderly people and the incumbent need to change the way society treats old age?
by Alliance VITA | June 25, 2021 | Abortion, News
At its plenary meeting on June 24, 2021, the European Parliament voted to adopt the highly controversial motion for a resolution “regarding reproductive and sexual health and rights in the EU, in the frame of women’s health“, which is specifically intended to restrict the conscience clause of health professionals on abortion. The motion for a resolution resulting from the report presented by the Slovak MEP, Preda Fred Matic, erroneously presents abortion as an alleged “right” connected to women’s health, encouraging Member States to facilitate access and remove “all barriers” to abortion, without taking into account the ethical, social and cultural dimensions of abortion.
Two alternative proposals were not adopted. A proposal put forward by the ECR (Conservatives and Reformists) group reminded the EU parliament that “formulating and implementing policies on sexual health and education, reproduction and abortion fall within the legislative competence of the Member States”. This proposal would have clarified the real competence of the EU which tends to override the legitimate autonomy of the Member States in these matters.
The alternative proposal presented by the EPP Group (European People’s Party) called for respecting the subsidiarity of Member States’ decision-making in this area and appropriately pointed out the distinction between ‘sexual and reproductive health’ and abortion. Their recommendations focused on women’s maternity and reproductive health to ensure suitable assistance for mothers, to prevent infertility and fight violence against women. Their text clearly insisted on the right to conscientious objection in matters of abortion.
As Alliance VITA pointed out when the Matic resolution was adopted in committee last May: ‘The term ‘sexual and reproductive health and rights’ is essentially ambiguous. Without giving a clear definition to it, the phrase is used in this context to trivialize, under the guise of protecting women’s health, the sensitive issue of abortion, a practice which is not with the EU’s jurisdiction.”
Although the European Union has jurisdiction in the field of fundamental rights, obviously extending access to abortion does not qualify as a fundamental right. On the contrary, this EU resolution is an unlawful and unduly attempt to restrict the right to conscientious objection for healthcare professionals, whereas this right is distinctly recognized as a fundamental freedom by the Charter of Fundamental Rights of the European Union (Article 10.2).
The real challenge for elected representatives in France and in Europe is that of preventing abortion. In France, statistics on abortion have been linked to income tax data, demonstrating that women with a lower income resort to abortion more frequently than others. Abortion can be a distinctive marker of social inequality that should signify a red alert to public authorities in France and Europe.
On the other hand, a more explicit common policy to fight against human trafficking, which has been condemned by several European texts and on which surrogacy is based, would have had its rightful place in this text. EU representatives should be the forerunners in the fight against a reproductive market that is an ominous injury to the rights of women and children.
Although this type of document is not binding, it does raise numerous questions as to its legitimacy.
The European Union’s absence of authority regarding abortion has been confirmed on several occasions by the three EU institutions (European Parliament, European Commission, and Council of the EU). On April 30, 2012, the European Commissioner for Health, John Dalli, answered MEP’s question (E-002933/2012): “Considering the ethical, social, and cultural dimensions of abortion, it is for Member States to develop and implement their policies and legal frameworks. The Commission does not have the intention to complement national health policies in this respect.”
![[Press Release] French Senators Reject Bioethics Bill: an Unprecedented Legislative Failure](https://www.alliancevita.org/wp-content/uploads/2021/06/Senat_PJLBioethique-1080x675.jpg)
by Alliance VITA | June 24, 2021 | Press Releases, Bioethics Law
In an unprecedented parliamentary fiasco, due to irreconcilable differences with the National Assembly, the French Senate rejected the bioethics bill at the end of the final reading.
The Senators had previously amended the text, only to see their work completely ignored by the National Assembly. This time they voiced their disagreement by refusing to re-examine the text, making it clear that they do not wish to waste their time and efforts just to have the Assembly unequivocally reject their positions once again.
The dividing lines have been drawn because of opposing viewpoints on the protection of the integrity of the human species and solidarity with the most vulnerable.
- One example is the issue of extending ART without medically diagnosed infertility. This measure is unfair and discriminatory for children since it would create a “right to have a child” even if it means depriving him of a father, or even of having any filiation in the case of a dual gamete donation.
- Respecting the integrity of the human species is also part of human ecology: maintaining the ban on the creation of human-animal chimeras and transgenic embryos would warn that red lines do exist and cannot be crossed with impunity.
The French are opposed to forcibly pushing through laws that cross ethical red lines. The majority are in favor of a precautionary principle in bioethics as shown by an IFOP* survey that Alliance VITA commissioned in June 2021.
Alliance VITA denounces the ideological push by the presidential majority party with the support of those on the left and the “ecologists” who seek to impose ultraliberal and transgressive research which manipulates living organisms without any precautions whatsoever. The Senators point out that there has been no real debate on the bill resulting in serious prejudicial discriminations for future generations. We have a right to demand political coherence from our politicians, hence an across-the-board ecological policy that includes respect for humanity. Is President Emmanuel Macron still able to rise to the situation and change the law to avoid forcefully pushing it through by force? The current situation is a far cry from the “calm debate” he originally promised.
Alliance VITA will again be carrying out a major campaign to inform the French public, who have been intentionally deceived by the focus on the so-called “ART for all”, of what is really at stake in the bioethics bill.
______________________________________
* A recent IFOP survey carried out in June 2021 revealed that a significant number of French are basically unaware of the bioethics law content. The survey results reveals their wish to have the precautionary principle applied to bioethics.
75% of the people surveyed want to set limits on the research which threatens the integrity of the human species and to put a ban on manufacturing human/animal chimeras and genetic modifications of human embryos.
