Experimentation in humans: who decides what?

Today, I will offer a brief reflection on the threats posed to human reason and liberty by certain ways in which European Courts have determined the biological and moral status of human embryos. First I will provide a description of recent decisions on issues related to experimentation on human embryos, decisions made by two European super-national Courts, namely the European Court of Human Rights and the European Union Court of Justice. Second, I will briefly illustrate the erroneous response of those Courts to the question about the biological nature of human embryos, and its negative effect not only on human embryos but on all human beings. Then I will illustrate how the legitimization of the use of human embryos in research activities presents a danger to European constitutionalism, because it undermines one of its postulates, that is the idea that rights of equal justice are due to each and all human beings. Finally, I will conclude by suggesting the necessity for the Courts - but I would better say, for all of us - to go beyond laboratorial spaces and logics for grasping that ultimate dimension of human beings, which is different from the biological one and it is actually the one conferring them dignity and liberty.