Chapter 9. The embryo in comparative law

Abstract

On the boundaries of life and, as a result, almost a question of metaphysics, still dividing science and continually fuelling debates, one question does seem to be legally insoluble, ie the question of the status of the human embryo. A comparatist look allows us to put into perspective the various national postures with regard to the embryo in order to confront them, by putting forward the areas where they converge or diverge. Although a very global approach allows us to note certain similarities, a more precise study of the question of abortion in particular reflects the evidence of the contextualisation of the embryo. It is what it is, subject or object, enjoying absolute or very relative protection, a simply legislative or constitutional status, only with regard to legal systems, but also moral and religious systems in which it takes its place.