Câteva nołiuni de bioetică în dreptul român
Few Notions of Bioethics within the Romanian Law

Summary/Abstract: The medical research performed on human subjects involves a series of problems, amongst which only few are currently regulated within the Romanian law. The assisted human reproduction, the procurement and transplantation of organs, cells and tissues, the clinical experiments, the prenatal diagnostic, the sterilization, the clonation – are only a few of the aspects that make our debate, given the situation that, de lege lata, the legal frame is insufficient. Being long ago regulated by other European States, these problems proved to be in practice as controversial as they are exciting. The interference of the medical field with the legal sciences, the ethical and moral aspects, have complicated and delayed a necessary Romanian regulation that was surpassed by an immediate reality. The entire problem of the researches performed on the human genome needs adequate regulations. The preoccupations of genetic engineering must not be encouraged for other than the amelioration of health, discovering remedies for the diseases that now are regarded as incurable. And these preoccupations require a strict legal frame and clear conditions, having as an angular stone the consent. The premise is that every individual is unique. With the exception of the homozygote twins, there are no two identical beings that would posses the same genetic patrimony. The bioethics humanizes science and law, without deforming them. The cold truth of science and the progress it generates are counterbalanced in the regulations with ethic and of protection of individual rights substratum. This is the only possible sense of evolutions that grants the avoidance of genetic deviations, with monstrous consequences even in theory.

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