- There is no consent requirement for the donation or harvesting of stem cells. Since, arguably, the donation/harvesting of stem cells is not a medical procedure (after all, it's generally not treating or curing any sort of medical condition in the donor), it is not covered under the Patient's Rights Act. This lack of consent can lead to the exploitation of donors - and also the use of unused embryos for stem cell harvesting without the consent from the guardian(s) for the tissue.
- Innovators are having their intellectual property rights waived by this resolution, which is likely to discourage (or at least slow) innovation in this area, which is counterproductive to the aims of this resolution.
- The WHA is required to fund stem cell research, which restricts its use of resources on whatever is the most promising avenue of treatment.
- I have 3 (or probably 4) replacements just about ready to submit - likely within the next week or two:
- Biomedical Donation Rights - Human Rights, Significant (may be split into 2 replacements - Biomedical Donor Rights & Biomedical Recipient Rights, with tentative drafts on both found here)
- Biomedical Innovation Organization - Education & Creativity, Education
- Biomedical Trade & Treatment - Free Trade, Mild
Submitted Version
Repeal "Stem Cells for Greater Health"
Category: Repeal | Resolution: #49 | Proposed by: Mousebumples
Argument:
THE WORLD ASSEMBLY:
DECLARES that repealing GAR#49, "Stem Cells for Greater Health," will not prohibit stem cell treatments in WA member nations.
RECOGNIZES the shortcomings of this Resolution, which include:REGRETS the lack of sufficient and necessary regulations and/or guidelines when harvesting stem cells as the resolution only states that “Stem Cells must be harvested in the most humane and least destructive way possible.”
- The emphasis it places solely on stem-cell research:
- A broader base of support for innovative medical research may improve the overall health and well-being of individuals within WA member nations.
- Some nations may have access to technology that is more advanced than stem-cell research, which limits the usefulness of this resolution.
- The requirement with regards to the WHA funding and conducting research into stem cells alone prevents the WHA from focusing its resources towards the most promising and effective research. Instead, the WHA is required to use their resources on stem cell research even in the face of technological advances which may make stem cell research obsolete.
- The failure to ensure patient access and/or affordability of stem cell treatments resulting from the research and development covered in this resolution.
- The automatic inclusion of "All breakthroughs and developments ... into the Public Domain" through this resolution waives the intellectual property rights of those who make groundbreaking discoveries and may also discourage, or at least slow, the development of new innovations.
NOTES that:BELIEVES that individuals and/or private organizations that discover new stem cell innovations should retain their intellectual property rights for a period of time, in accordance with other international laws on the subject.
- Consent - specifically uncoerced, informed consent - should be obtained from the donor or legal guardian of stem cell tissue, which is not required within this resolution.
- Stem cells should be harvested as effectively and efficiently as possible, while minimizing the risk to the donor.
- Demand for stem cells may have increased as a result of this resolution, which in turn may have resulted in unethical methods of stem cell harvesting and/or the exploitation of stem cell donors.
ACKNOWLEDGES that the World Assembly has previously affirmed the freedom of choice with regards to medical treatment and the right to medically essential drugs and treatment.
LAMENTS, however, the lack of sufficient protections for donors of stem cells within the text of this resolution.
UNDERSTANDS that this resolution is not only flawed and insufficient but may also serve as an impediment to the development of new innovations in medical technology and treatment.
ENCOURAGES the World Assembly to consider future legislation in order to promote the development of effective, cutting edge technologies in the fields of health and science.
REPEALS GAR#49, "Stem Cells For Greater Health."
Co-Authored by: Oliver the Mediocre
As always, comments and critiques are appreciated.