On the Status of the Embryo in International Law

Abstract

The author makes an attempt to determine the status of the embryo in international law. This issue becomes most acute when editing the human genome; to solve it, it is necessary to distinguish between the object and the subject of law. Possible criteria for identifying a person as a subject of law are considered: individualization, the presence of one̕s own will and independent exercise of rights and obligations. The opinions of scholars on the concept of a subject of law in international law are given, as well as the practice of the European Court of Human Rights, the Inter-American Court of Human Rights regarding the status of the human embryo. Attention is also paid to the legitimacy of biomedical research using embryos. It is emphasized that in order to endow the embryo with the status of a subject of law, it is necessary that he has the will and the ability to exercise indepen-dent rights and obligations. In the absence of these components, the embryo becomes an object of law.