As part of the Health System Modernization Act, decision n ° 2015-727 DC was published on January 21, 2016, by the Constitutional Council.
Lhe Council considered that Parliament's proposals, such as the plain packaging of cigarette packets or the development of guides to good practice for caregivers, conform to the Constitution ... But, among these various validated proposals, also appear:
- Authorization to carry out research on gametes or embryos, whether or not intended for reimplantation.
"Paragraph III of article 155 which allows, within the framework of medically assisted procreation and with the consent of the members of the couple, the carrying out of biomedical research on gametes intended to constitute an embryo or on an embryo in vitro before or after its transfer for gestational purposes. "
Amendment n ° 2509, adopted at the National Assembly on Friday, April 10, 2015, in an almost empty hemicycle, creates a new regime for research on the embryo within the framework of Medical Assistance for Procreation (AMP).
“V.- Without prejudice to the provisions provided for in Title IV of Book I of Part Two of this Code, biomedical research carried out within the framework of medically assisted procreation can be carried out on gametes intended to constitute an embryo or on the embryo vitro before or after her transfer for gestational purposes if each member of the couple consents. "
This decision was therefore approved by the Constitutional Council and will be implemented.
Scientists now have carte blanche for their research on the embryo and the re-implantation of genetically modified embryos, with the only safeguard against the consent of the parents of the unborn child.
Some experts are alarmed by this situation which opens the door wide to eugenics and transhumanism.
Alain Privat expressed himself thus for the site genetics in April 2015:
“The research will not necessarily be done for the purpose of medically assisted procreation. The AMP framework is just a pretext to do more research on the embryo ... It is a way of getting around the ban on making embryos for research by creating parallel channels for access to the embryo for researchers. "
He continues as follows:
“Research within the framework of the AMP could be destructive of the human embryo, but even worse: it could carry out modifications on the human embryo, via gene therapy. Once again, we open the door to the augmented man. "
Paradoxically, while researchers instrumentalize the desire for a child in infertile couples to pursue their increased manhood dream, the Constitutional Council removes the period of reflection before an abortion, in the same text.
- The elimination of the reflection period before a Voluntary Termination of Pregnancy:
“Article 82 removes the one week delay between the woman's request to terminate her pregnancy and the written confirmation of this request. "
It should be noted that within the framework of the law "Real equality between women and men", adopted by Parliament on July 23, 2014 and approved by the Constitutional Council on July 31, XNUMX, the condition of distress to perform abortion had already been removed.
"Whereas, in the wording resulting from article 4 of the aforementioned law of 17 January 1975, the first sentence of article L. 162-1 of the public health code, now its article L. 2212-1, provides: "A pregnant woman whose condition places her in a situation of distress may ask a doctor to terminate her pregnancy"; that article 24 of the referred law replaces the words: "that her condition places in a situation of distress" by the words: "who does not want to continue a pregnancy" "
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