The Problem of Reproductive Cloning

Authors: Francesco Donato Busnelli


At the time of its emergence the issue of cloning did not paint itself as a legal problem. In the meanwhile it has transformed itself into a significant “testing ground” for the theoretical and practical analysis of the interplay between ethics and law. The paper begins with an overview of the key statements of the most significant international, European and national documents concerning the ethical and legal issues surrounding the several forms of cloning. Subsequently, the paper analyses the role of constitutional principles in dealing with the issue of cloning, in particular human cloning. In the final part, the paper draws attention to the damage evaluation principle, the principle of precaution and the principle of the best interest of the child as the principles which should guide any constructive dialogue on the issue of cloning.