Research Project: Human Cloning and Embryo Research - A Law Reform Project
Professor Loane Skene
Email l.skene@unimelb.edu.au, Tel 8344 4858, Room 926
Overview of Research Project
This subject will enable a small group of students to undertake research into the legal and ethical issues raised by the rapidly developing technology of human embryo and stem cell research. Students will investigate the science, the development of the law to date, and the operation of the law reform process. Each student will select their own topic for detailed research but it is hoped that the work of the group will form the basis of submissions to the federal committee that will review the Australian law next year and report to Parliament. The submissions will be in the public arena and may be cited in the committee’s report so this is an opportunity to play a significant role in the legislative process.
Recent developments in stem cell research and future potential applications
Stem cell research has developed rapidly in the last few years – in laboratory experiments, animal models and in humans. Many people believe that stem cells have huge potential in the treatment of spinal injury, diabetes, Parkinson’s disease, and many other conditions. Stem cells are also vital in research and in developing and testing drugs. Some stem cells can be obtained directly from a person’s body, such as stem cells in bone marrow and umbilical cords, but these stem cells can’t be used to treat all medical conditions. Sometimes, they will need to be changed into a different cell type. Recently, stem cells derived from skin cells have been differentiated into other cell types. However, the stem cells with greatest potential are embryonic stem cells because they have the greatest ability to be changed into other cell types and they continue to develop indefinitely. Embryonic stem cells may be obtained from embryos donated from fertility treatment programs (IVF) and many such embryos are available for research if the couple whose sperm and egg were used to create them consent and the researcher has a licence to undertake embryo research. But stem cells from these embryos are not genetically ‘matched’ to the person to be treated (they have the DNA of the people whose sperm and egg were used to create them). To get human stem cells from a person that are ‘matched’ to that person – or that carry a particular mutation for study in a research project, like Huntington disease - an embryo must be created by somatic cell nuclear transfer (the ‘Dolly technique’). Many people are concerned about the ethics of creating a human embryo with the intention to destroy it for research.
Legislation review in 2010
In 2010, the Australian legislation on human cloning and stem cell research will be reviewed by a federal committee (yet to be appointed). The terms of reference are set out in the legislation. It is expected that there will be an extensive community consultation process. Professor Skene was Deputy Chair of the Lockhart Committee which reported on similar issues in 2005 and she became the Committee’s official spokesperson after the sudden death of the Chair, the late Justice Lockhart AO, shortly after the report was tabled in federal Parliament. Professor Skene has maintained an active role as a researcher and public commentator on legal issues related to stem cell research since that time. She is a member of the Australian Society for Stem Cell Research (ASSCR) and the Ethics Committee of the International Society for Stem Cell Research (ISSCR). She has extensive experience of law reform, having served on many federal and state advisory committees.
Recommended Background Reading
- Prohibition of Human Cloning for Reproduction Act 2002.
- Research Involving Human Embryos Act 2002.
- The Report of the Legislation Review Committee for the Review of the Prohibition of Human Cloning Act 2002 and the Research involving Human Embryos Act 2002 (Lockhart Committee, 2005).
- SKENE, L, KERRIDGE, I, MARSHALL, B, MCCOMBE, P, SCHOFIELD, P. The Lockhart Committee: Developing Policy through Commitment to Moral Values, Community and Democratic Processes (2008) 16 Journal of Law and Medicine 132-138
- SKENE, L. Recent Developments in Stem Cell Research: Social, Ethical and Legal Issues for the Future. Indiana Journal of Global Studies. Accepted for publication, 30 March 2009; SSRN U of Melbourne Legal Studies Research Paper No. 385, 2009: full paper (to download whole paper free of charge - click ‘Download’, then ‘SSRN’).
- SKENE, L; TESTA, G; HYUN, I; JUNG, KW; McNAB, A; ROBERTSON, J; SCOTT, CT; SOLBAKK, JH; TAYLOR, P; ZOLOTH, L. Ethics Report on Interspecies Somatic Cell Nuclear Transfer (2009) 5 Cell Stem Cell 27-30 (2 July 2009)
- SKENE, L. Deriving sperm and eggs from human skin cells: facilitating community discussion. (Fall 2008) 25(1) Journal of Contemporary Health Law and Policy 76-82
Research Topics
Professor Skene will work with each student to identify a suitable research topic relating to the issues that may be canvassed by the federal legislation review in 2010. Students will be expected to understand at a basic level the science underlying human stem cell research and its potential applications and the legal, ethical, social and other issues that have arisen in relation to it. They will examine the Australian law and its development and also the regulatory approaches that have been adopted in other jurisdictions. They will have the opportunity to choose a particular topic for their own detailed research but examples of suitable topics might include whether the law should allow human somatic cell nuclear transfer (SCNT, or the ‘Dolly technique’); payment for the donation of eggs for research; the creation of ‘sperm-egg embryos’ (rather than SCNT embryos) for research; and the insertion of human sperm into animal eggs to obtain human stem cells for research.
Assessment
Class Participation: 10%
This mark will be based on the student’s presentation of their work-in-progress at a date to be determined in the last three weeks of semester. Students will not be expected to have finalised their research but will be expected to define their topic; explain and critically reflect on the way they researched the topic; and, present an outline of their paper and preliminary findings. Students will have about 15 minutes to present with an additional 5-10 minutes class discussion on each presentation.
Research Essay: 90% (8000 words)
This may include a submission to the Legislation Review but that is optional
Due: 27 November 2010
Seminar Meetings and Time Commitments
Two introductory lectures
Professor Skene will present two introductory lectures at the start of the semester to explain the science of stem cell research, the legal, ethical and other issues that have arisen to date and that are likely to arise in the review, and the regulatory responses in Australia and other countries. These lectures will be 2 hours each in weeks one and two of semester (i.e. the weeks of 26 July and 2 August). Students will be encouraged during this time to select and start to develop their specific research topics.
Two progress meetings
Later in the semester, there will be two progress meetings in which students exchange with each other their experiences in undertaking their research. These meetings will enable students to discuss their research task and their experience in carrying it out; determine and justify their research methodology; outline and explain the framework for the research task that they have undertaken; share their experiences in writing and finalising the research and preparing for publication or dissemination. These will be scheduled to suit students’ timetables in Week 5 (beginning 23 August) and 8 (beginning 13 September).
Library sessions
A series of library sessions will be held for students to learn relevant research skills. These will consist of 3 to 6 one hour sessions starting in week 3.
Student-teacher meetings
One-on-one meetings between students and the seminar teacher will be available, as required, to help the student define the topic or assist in research direction. It will usually be up to the student to ask to schedule a meeting if they feel they need it.
Research symposium
There will be two three-hour classes in the last three weeks of semester in which students present their research to each other. At this time, students will decide whether they wish to make one submission to the federal committee, or to make individual submissions, or none at all.