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N obody
can ignore the grave problems that the bio-ethical research poses to the
Catholics. Near its numerous merits -we must be thankful, for this, to
the Lord and also to the patient researchers who, with their creative
perseverance, shift the horizons of knowledge more and more forward, as
well as the horizons of assistance and cure of our physical and psychic
deficiencies- there are also unacceptable proposals, not rarely poured
into too simple a way, into laws, which do not respect the dignity of
the human person.
Interrogatives on the new
therapeutic perspective
In several countries, for
instance, a bio-political” act is being effectuated which claims the
right of emanating laws on the birth and death of persons, deciding on
who, how and when must be born and who, how and when must die. This is
not only an unduly intrusion, but also a violation of the fundamental
rights of the human being, above all of the weakest ones, of the
voiceless and of the unborn foetus, that lives an in full human growing.
The person is expropriated of his freedom to choose.
The event of Eluana is there to
warn us with this regard. It is long since this young woman is in coma,
but she is alive and, like all of us, needs water and food. Therefore,
it is not the matter of medicines or therapeutic obstinacy, but only of
ordinary nourishment. In this specific case, we can ask ourselves: when
will she wake up? We do not know. It may be today, tomorrow, within a
year, after many years. Another question: How can the family take care
for many years of an immovable young woman lying in bed? In the specific
case of Eluana, the answer is given by the Sisters, who have been
assisting her so far and who are ready to continue doing it. In other
cases, the families; with sacrifice, but also with love they sustain
their dear ones in difficulty, in the hope of a waking up -a thing that
has already happened in similar cases- and of a coming back to
normality.
Bishops, priests, theologians
are daily questioned by this and other similar situations. Above all,
the consecrated women are existentially involved in these new cultural
challenges. Because of living close to the family, of the trust that the
parents nurture towards them, because of the simplicity with which the
youths exchange confidences with them, the consecrated women are the
fittest persons to counsel, to indicate the right, moral behaviour and
also, -as in the case of Eluana-, to take personal care of human beings
in difficulty or abandoned by their own parents and relatives.
The consecrated women are the
merciful heart of the Church for refused children, for exploited and
marginalised youths, for chronically sick persons and abandoned aged men
and women. More than anybody else, they succeed in entering the mind and
heart of mothers and fathers, giving them a word of consolation, as well
as of discernment and guidance. Like Mary, our Mother and mistress, the
consecrated can be for the faithful “magistra vitae”, not only for
spiritual assistance, but also for a realised human life, in the family
and society, by offering orientations on how to behave and to face the
multiple proposals, which attempt to affect the human life in its
blooming, in its growing and in its decline.
It is paradoxical and
contradictory on one side, the maniacal attention which today’s society
puts in the genetic preservation of foods, in the cure and defence of
every kind of animals and, on the other hand, the superficiality with
which it allows the unbridled manipulation of the human embryos, treated
as simple biological material to be used at pleasure. While the
genetically modified organisms are strictly refused, they become
permissive before genetic alterations of the human being.
A yes to life
For this reason, the
Congregation of the Doctrine of faith, in 1987, published the
Instruction Donum Vitae (22nd February 1987), on the
dignity of the embryos and on the unlawfulness of artificial
fecundation. After a little more that twenty years, the same
Congregation of the Holy See published a second Instruction, entitled
Dignitas personae, to meet the new therapeutic perspectives.
The Instruction, dated 8th
September, 2008, feast of the Nativity of the Blessed Virgin Mary,
intends to answer some new questions of bioethics, which provoke
expectations and perplexities in vast sectors of society. It tries “to
promote the formation of consciences”
(n. 10) and encourages the
bio-medical research to respect the dignity of every human being and of
procreation.
The instruction begins with the
words Dignitas
personae, a dignity
that is to be recognised for every human being, from his conception up
to his natural death. This fundamental principle expresses a great “Yes”
to human life, which must be at the centre of the ethical reflection on
the biomedical research. The Instruction is of a “doctrinal nature” (no.
1), and is expressly approved by Benedict XVI. Therefore, it belongs to
the documents which participate in the ordinary ministry of Peter’s
successor, to be welcomed with religious assent. (no. 37).
Preparation and structure
The preparation of the
Instruction was long and laborious. In proceeding to examine some new
questions, they always kept in view the scientific aspects, availing
themselves of the analysis by the Pontifical Academy for Life and of a
great number of experts, to confront them with the principles of
Christian anthropology. The addressees are all the faithful of the
Church and all those who seek the truth. In proposing principles and
moral evaluation for the bio-medical research on human life, the Church
“fetches light both from the reason and from faith, contributing to
elaborate an integral vision of man and his vocation, capable of
welcoming whatever good emerges from the work of men and from the
various cultural and religious traditions, which not rarely show a great
reverence for life” (no. 3).
The instruction contains
three parts: the first one reminds us of some anthropological,
cultural and religious aspects of fundamental importance; the second
faces new problems concerning procreation; the third examines
some new therapeutic proposals, which imply the manipulation of the
embryo and of the human genetic patrimony
Two fundamental principles
The first part re-affirms two
fundamental principles of bio-ethics. First of all, it reiterates the
inalienable dignity of every human being, “The human being must be
respected and treated as a person from its very conception and,
therefore, from that moment we must recognise the rights of its person,
among which, first of all, the inviolable right of every human being to
life” (no. 4).
The second principle is the
re-confirmation of matrimony as area of interpersonal love from which
life is born, “The origin of human life (….) has its authentic context
in matrimony and in the family, in which life is generated through an
act that expresses the reciprocal love between man and woman. A truly
responsible procreation for the one ho is to be born must be the fruit
of marriage” (n0. 6)
The sacredness of the
matrimonial acts is underlined as a reflex of the Trinitarian divine
love, “The Holy Spirit, effused in the sacramental celebration, offers
the Christian spouses the gift of a new communion of love, which is a
living and real image of the very singular unity that makes of the
Church the indivisible mystical Body of the Lord Jesus” (n0. 9).
In the ethical evaluation of
some scientific results, the Church does not intend to interfere with
the medical science as such, but only to remind the ethical and social
responsibility of the research. The ethical value of the bio-medical
ethics is measured with reference to the unconditional respect due to
every human being, in all moments of its existence, as well as in
safeguarding the specific character of those personal acts which
transmit life.
New problems concerning the
procreation
To overcome infertility there
are techniques of eterologous artificial fecundation, with the end of
obtaining a human conception artificially, starting from gametes, one of
which from a different donor, instead of the couple united in
matrimony; or techniques of homologous artificial fecundation to obtain
a human conception artificially, starting from gametes of the two
spouses united in matrimony. Moreover, there are techniques which help
the conjugal act and its fecundity; they are interventions aiming at
removing the obstacles opposing natural fecundity. Finally, there is the
procedure of adoptions
What to say of all this? First
of all, we can consider to be lawful all the techniques that respect the
right to life and to the physical integrity of every kind, the right of
the couple to become father and mother only one through the other, so
that the human procreation may be the fruit of the specific conjugal act
of love between the two.
Therefore, the techniques which
help the conjugal act and its fecundity are lawful. The medical
intervention in this area is respectful of the human dignity, because it
aims at helping the conjugal act to facilitate its fulfilment and to
make it possible to reach its end, once that it is normally
accomplished. Thus, the interventions aiming at removing the obstacles
which oppose natural fertility are surely lawful and permissible. It is
highly desirable to encourage, to promote and facilitate the procedure
of adoptions of numerous orphan children. It is a life that allows the
spouses, who are impotent to generate children of their own, to donate
their affection to the little refused and abandoned ones, who in this
way find a family and a nest of love. It is the providential encounter
of two poverties which creates a complete family with parents and
children, united by the gift of welcoming and generous love.
What, instead, about the
techniques of artificial fecundation in the laboratory? The experience
of these latest years proves that in the context of fecundation in
vitro the number of sacrificed embryos is very high: above 80% in
the most developed centres. In fact they discard the defective embryos.
Some couples seek the techniques of artificial procreation with the
unique scope of operating a genetic selection of their children.
Finally, the technique of transfer of a major number of embryos than the
desired son, in the prevision that some may go lost, actually implies a
purely instrumental treatment of the embryos.
The techniques of unlawful
fecundation
Given the very high rate of
abortions caused by the techniques of fecundation in vitro, they
are gravely unlawful and prove eloquently how the substitution of the
conjugal act with a technical procedure contributes to weaken the
respect due to a human being. Respect, instead, is favoured by the
intimacy of the spouses animated by conjugal love. Before the
instrumentalisation of the human being to the embryo stadium, we need to
repeat that God’s love does not make any difference between a newly
conceived life in the womb of its mother, and the baby, or the youth, or
a mature man, an aged man. He does not make any difference because in
each of them He sees the imprint of his own image and similitude. This
is why the magisterium of the Church has constantly proclaimed the
sacred and inviolable character of every human life, from its conception
up to its natural end (no. 16).
A variation of artificial
fecundation is the
Intra Cytoplasmic SpermInjection
(ICSI). Also this technique is
morally unlawful, because it operates a complete dissociation between
procreation and the conjugal act, and it is actuated outside the body of
the couple through gestures of third persons, whose competence and
technical activity determine the success of the intervention. In this
technique, life and the identity of the embryo are entrusted to the
power of doctors and biologists, with the instauration of a technical
dominion on the origin and destiny of the human person (no. 17).
The freezing of the embryos or
“crio-conservation” also is incompatible with the respect we own to the
human embryos: it presupposes their production in vitro: it
exposes them to serious risks of death or of damaging their physical
integrity, because a high percentage does not survive the procedure of
freezing and de-freezing; it deprives them, at least temporarily, of the
motherly tenderness and care; it puts them in a susceptible situation of
further offences and manipulations (no. 18).
With regard to the great number
of the already existing frozen embryos, we ask ourselves: what to do
with them? The solutions proposed so far are morally unsatisfactory: we
must notice that the thousand embryos in state of abandonment determine
a situation of irreparable injustice. Therefore, John Paul II launched
an appeal to the conscience of the responsible persons in the scientific
world, in particular to the doctors, so that the production of human
embryos might be stopped, keeping in view that we cannot see a morally
lawful way out for the human destiny of thousands and thousands of
frozen embryos, which are and remain for ever titulars of the essential
rights and therefore to be safeguarded juridically as human persons (no.
19).
The Instruction gives ethical
evaluations about the freezing of ovocyte, about the embryo reduction,
of the pre-implantatory diagnosis, on the new forms of interception and
contra-management. Given their particular specificity, the readers are
invited to read the texts of the Instruction, in order to have a more
detailed information about it.
Therapeutic proposals with
manipulation of the embryo
1.
Among other proposals, the Instruction considers, in its third part,
first of all the genic therapy, which is the application of the
techniques of the genetic engineering with a therapeutic to man, in
other words, with the end of curing diseases on a genetic basis (no.
25). There are: a somatic genic therapy, which proposes to
eliminate or to reduce the genetic defects present at the level of
somatic cells, and a germinal genic therapy, which aims at correcting
genetic defects present in the cells of the germinal line, to the end of
transmitting the therapeutic effects obtained on the subject at the
eventual descendant from the same.
The interventions of
the somatic genic therapy are, as principle, morally lawful. However, we
must observe the general deontological principle, according to which, to
make a therapeutic intervention it is necessary to make sure previously
that the treated subject is not exposed to risk his health or his
physical integrity, that they be excessive of disproportioned compared
to the pathology that has to be cured. It is also requested the
consensus of the patient or of his legitimate representative (no. 26).
About the germinal
genic therapy, the risks connected to every genetic manipulation are
significant and still little controllable, therefore, at the present
stage of research, it is not morally admissible to act in such a way as
the deriving potential damages may get diffused in the progeny (no. 26)
About the hypothesis of applying
the genetic engineering for a presumed end of improvement and empowering
of the genetic endowment, we must observe that these manipulations would
favour a eugenetic mentality, emphasising endowments appreciated
by determined cultures and society, which do not constitute in
themselves the human specific nature. This contrasts the fundamental
truth of equality among all human beings. Moreover, in the tentative of
creating a new type of man, we glimpse an ideological dimension,
according to which man claims to take the place of the Creator (no. 27).
2.
What to say, then, of
the
human clonation,
namely of
the asexual and agamid
of the entire human organism, to the end of producing one or more
“copies” from the genetic viewpoint substantially identical to the
unique progenitor?
Clonation is intrinsically
unlawful, because it intends to give origin to a new human being without
any connection with the act of reciprocal donation between the two
spouses and, more radically, without any bond with sexuality. This
circumstance creates abuses and manipulations that damage the human
dignity seriously (no. 28)
About the reproductive
clonation, it would impose to a clonated subject a pre-ordained genetic
patrimony, submitting it to a form of biological slavery from which it
could be set free with difficulty. The fact that a person claims the
right of determining arbitrarily the genetic characteristics of another
person, is a grave offence to the dignity of the person and the
fundamental equality among men (29).
With regard to the
therapeutic clonation, we must make precise that to create embryos
with the proposal of destroying them, though with the intention of
helping the sick, is completely incompatible with the human dignity,
because it makes the existence of a human being, though at the embryo
state, nothing more than an instrument to be used and destroyed. It is
gravely immoral to sacrifice a human life with a therapeutic finality
(no. 30).
3.
The Instruction
treats also the therapeutic use of the stamina cells; they are
undifferentiated cells possessing two fundamental characteristics: a)the
prolonged capacity of multiplying themselves without getting
differentiated; b) the capacity of giving origin to progenitor cells of
transit, from which highly differentiated cells descend, for instance,
nervous, muscular, ematic. For the ethical evaluation, we need to
consider, above all, the methods used to collect the stamina. Anyhow,
numerous studies tend to accredit to the adult stamina cells results
that are more positive than the embryo ones.
There is also a tentative of
ibridation with the use of the human ovocyte, to the end of
extracting embryo stamina cells, without the use of human ovocyte. From
the ethical viewpoint similar procedures are an offence to the dignity
of the human being, because of the mixing up of human and animal genetic
elements, capable of disturbing the specific identity of man (n. 33).
4.
About the searchers who use the biological material of unlawful
origin, produced outside their centre of research or that is in
commerce, there is the moral exigency that there has been no complicity
with the voluntary abortion and that measures have been taken to avoid
the danger of scandal. To this purpose the criterion of independence
formulated by some ethical committees is insufficient; in other words,
to state that it would be ethically permissible the use of “biological
material” of unlawful origin, that there may always be a clear
separation between those who produce, freeze and cause the embryos to
die, and the searchers who develop the scientific experimentation, “the
duty of refusing that “biological material” (---) flows from the duty of
being separated, in the exercise of the searching activity, from a
legislative picture gravely unjust and of stating clearly the value of
human life. Therefore, the above-quoted criterion of independence is
necessary, but could be ethically insufficient” (no. 35)
****
Is the moral teaching of the
Church an ensemble of prohibitions? No. The Church promotes all the
gifts that the Creator has granted man, such as life, knowledge,
freedom, love. Unluckily, sometimes these gifts are used against the
dignity of the human being, above all of the weakest and undefended. The
civil society itself admits juridical-political prohibitions when for
instance, it forbids every form of racism, of slavery, of unjust
discrimination of women, children, sick and disabled people. The
legitimacy of a prohibition is founded on the necessity of safeguarding
an authentic moral good.
Similarly, when the Church says
“no” to any tentative of genetic manipulation, in reality she says a
“yes” clear and convinced to the dignity of man, starting from his
conception up to his natural death, “In the fatigue of discerning
between good and evil, behind every “no” shines a great “yes” to the
recognition of the dignity and the inalienable value of every single and
unrepeatable human being called to existence” (n. 37).
This precious reminder of the
magisterium of the Church is an important subsidy for the mission of the
consecrated women in favour of the Christian families.
Angelo Amato
Prefect of the Congregation for the causes of Saints
Piazza Città Leonina,
1 - 00193 Roma

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