Eubios Journal of Asian andInternational Bioethics
EJAIB Vol. 32 (2) March 2022
www.eubios.info

ISSN 1173-2571 (Print) ISSN 2350-3106 (Online)

Official Journal of the Asian Bioethics Association (ABA)

Copyright ©2022 Eubios Ethics Institute(All rights reserved, for commercial reproductions).

Contents

page

Participatory Democracy and Climate Change
33- Christopher Ryan Maboloc
Considering collectivistic response to COVID-19
Outbreak`36- Charrise Mae N. Nasiad and Rogelio P. Bayod
Sexual Depictions for Sale: Online Selling of Sexual
Materials and Performances Amid the COVID-19
pandemic in the Philippines
43- Albert C. Albina Abortion, Texas "Heartbeat Act"and the US Supreme Court: A Critical Evaluation
46 R. R. Kishore
Unrevealed political facts of the Hwang scandal
51- Joonmo Park
Being Truthful or Comfort With a Lie – An Ethical
Debate61- Sana Jiwani
Teachers’ Views on the Incorporation of Bioethics
Courses in Primary School Syllabus
63- Balatsou Maria and Kostas Theologou
EJAIB Editorial Board
Ordering information

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Editorial address, and all correspondence to:Prof. Darryl Macer, Ph.D., Hon.D.
President, American University of Sovereign Nations (AUSN),
https://www.ausovereignnations.org
Email: darryl@eubios.info

Please submit your papers,
commentaries and reflections!

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Thank you for those who haverenewed their subscriptions to
EJAIB and l;ooking forward tomeeting you in person at the ABC
2022 Conference in Kuala Lumpur,
Malaysia, later in 2022!

Participatory Democracy andClimate Change- Christopher Ryan Maboloc, PhD
Associate Professor, Ateneo de Davao University
Visiting Professor for Global Justice, AUSN
Email:ryanmaboloc75@yahoo.com
Abstract
The Climate Change Conference (COP26) in Glasgow,
Scotland af irms the climate emergency indings of theUnited Nations Intergovernmental Panel on Climate
Change (IPCC). The summit pursues the commitment to
reduce carbon emissions to keep the earth’s rise intemperature to 1.5 degrees Celsius. COP 26 recognizes theimpact of the climate crisis on human well-being.
Environmental disasters are a result of policy failures at
the national level of governance. Global warming
aggravates environmental degradation. The Covid-19
pandemic has truncated the economic growth in many
countries. Human impoverishment accentuates thepressure on the environment. This paper analyses the
problem when it comes to de icient state-centric decisionmaking procedures that preclude participatory
mechanisms. It will be argued that to correct the system,
policy gaps must be addressed in terms of technologicaland organizational support, communal leadership, andsolidarity at different levels of governance.
Keywords: COP26, Climate Change, Climate Policy,
Disasters, Participatory Democracy
Introduction
The Climate Change Conference (COP26) in Glasgow,
Scotland does not dramatically alter the course in terms of
how national governments must address the climate
emergency. It simply af irms the indings of the United
Nations Intergovernmental Panel on Climate Change. In
fact, the summit pursues the commitment to reducecarbon emissions to keep the planet’s temperature rise to
1.5 degrees Celsius (World Bank Group 2021). It also
hopes to end the reliance on coal by 2070 at the latest.
This is a tall order considering the obvious justi ication
for the use of coal as an energy source in developing
countries. Green energy is expensive and poor societies
cannot attract the needed investments. Nevertheless, COP

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

26 recognizes the impact of the climate crisis on humanwell-being, with 132 million people forced to suffer fromextreme poverty if the 2016 Paris commitments are notmet, according to the World Bank (2021).
After Kyoto 1997 and Paris 2016, why has the climate
crisis remained a threat despite 26 billion dollars ininancing for 2021 alone? It can be recalled that theUnited States stalled the Kyoto Protocol because of
America’s prioritization of its economic interests over andabove the commitment to put a halt to rising global
temperatures. The impact on developing countries
became apparent due to the lack of mitigating measures.
Typhoon Yolanda, for instance, killed more than 6,000 in
the Philippines. Recently, abnormal weather patterns
mean the worst looding in Europe and strong hurricanes
in the United States. This means that the threat fromclimate change has expanded to developed countries
making pragmatic action on the issue more urgent. US
President Joseph Biden has apologized on behalf of theUnited States as former President Donald Trump walked
away from the 2016 Paris Accord, a legally binding
international treaty that was signed by 196 countries.
The US has of icially re-joined the landmark agreement
on February 19, 2021. But the problems remain plenty,
especially in developing countries. Poor governance,
corruption, and the lack of alternative livelihood indeveloping countries mean the continued destruction offorests and their government’s reliance on dirty sourcesof energy. They justify that without electricity, there
cannot be progress. But systemic and structural problems
seem to have an impact insofar as the failure to addressenvironmental problems are a result of questionable
policies that seem to unjustly favor big loggers and miners
but put at a disadvantage the powerless in the
peripheries, including indigenous peoples. In this paper, I
attempt to look into the institutional gaps and issues
pertaining to participatory democracy. This study seeks toexpand the analysis of the problem in terms offundamental issues that have high policy implications.

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Understanding the Gaps: Disasters and Weak
InstitutionsPeter Singer (2002) explains why we must be worried
about the fact that the planet has shown clear signs ofwarming. He mentions that the rise in the sea level in thepast century is due to this phenomenon. There are many
consequences to humans. Singer (2002) lists his
prognosis in his book One World: The Ethics ofGlobalization the following: hurricanes and tropicalstorms, tropical diseases, food shortages in some regions,and the rise in sea levels. Global warming will also lead todeaths due to heat stroke, to an increase in the number ofcases for diseases such as malaria and dengue, and hunger
in impoverished countries. Scientists are one in sayingthat the threat to humanity from climate change is real.
The harms caused by climate change is well-de ined
(Singer 2002). In the early 80s, people knew about theeffects of CFC (Chloro Fluoro Carbon) emissions thatcaused a hole as big as Antarctica in the Ozone layer. In
the Rio and Kyoto summits, global climate policies havefocused on the “polluter-pays” principle that was meant toimprove the sense of duty of af luent countries when it

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comes to their carbon emissions. But the principle did notprove to be effective as the impact of climate change
continued to be felt most especially in poorer countries
that lacked climate mitigation measures and the resources
to ight the dif iculties arising from weather disturbances.
One of the biggest factors, however, is the reality of poor
governance.
What is the relationship between poverty andenvironmental degradation? The problem of poverty is
not just a question of resources. A huge part of it iscultural. The exclusion of the poor can be traced to unjust
systems and historical injustice. The political structure,often under the control of the elite, exclude the poor fromdecision making processes. The obvious reason is thatthose who are in positions of power want to serve theirvested interests. The poor, in this way, have no options
except to get themselves involved in environmentally
destructive activities like “slash and burn” farming andillegal small mines. Many of such activities are
unregulated despite the fact that these are harmful to theenvironment and human well-being. Climate change, infact, affects the poor because governments in developing
countries lack the scienti ic initiative and technologicalinnovation to respond to the impact of the climate
emergency.
Disasters, Amartya Sen (1981) argues, can be traced topolicy failures. The Great Bengal famine, Sen writes, was a
result of wrong policy decisions on the part of the state. It
favored the export of rice while the local population was
starving. For Sen, it was the lack of empowerment on thepart of the people that exacerbated the problem. They
were too weak to protest against the abuses of the state.
John Carroll (1970) writes about the failure of institutionsin the Philippines to address the problems of the people
as a case of unmet expectations. In the 70s, the economic
development in the Philippines was uneven. People lacked
jobs that be it human decency. It was during that time thatthe natural resources of the country had been exploitedby the powerful interests and corrupt governmentof icials.
The social and economic problems of thePhilippines are seen as a result of the inability of thegovernment to meet strong demands (Hotchcroft andRocamora 2003). Carlos (2010) cites various democratic
de icits while Maboloc (2020a) points to the oligarchic
nature of the economy that favors the elite in society.
Climate change is caused by human greed. The desire
for money has resulted to the abuse and exploitation of
the environment. According to Lonergan (1993), the issue
of environmental degradation is linked to
impoverishment, natural resource depletion, andpopulation growth. In fact, environmental degradation
has been aggravated by the reality of climate change. Thisis obvious in countries such as the Philippines. Forest
denudation, unregulated small-scale mining, as
mentioned above, and urbanization have caused the
downtrend in terms of the quality of life of the people. The
poor, for instance, do not have say in environmental
issues. In the Philippines, 70% of the country’s powersource comes from coal. While the Philippines needs
energy in order to create jobs, it should begin to consider
other alternatives because coal has higher environmental
costs.

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)
Most governments in developing nations have a postfactum approach to environmental problems. In thePhilippines, past leaders have shown their incompetence
in disaster response. What this means is that someleaders will only act after the problem has become
intolerable. The issue of accountability is something thatis ignored. For some government of icials, it is enough thatthey can distribute inancial assistance or give aid to those
who are affected by natural or man-made calamities.
There is a failure to analyze the dynamics of the system. In
the end, it is about the government’s inability to balance
economic interests and the profound concern for theenvironment when it comes to policy making. The desire
for progress cannot be sustainable without acorresponding advocacy toward sustainability andenvironmental preservation.
The reason for this gap is the lack of democratic
participation. The strategy in developing countries has
always been state-centric. National leaders emphasize
policy, law, and money but what is lacking is the real
participation of the people. Discussions on climate change
have not trickled down to the local communities,
including indigenous groups. The Philippines has a very
poor disaster impact mitigation-infrastructure. Postrehabilitation plans and efforts often meet budget bottlenecks both at the national and local levels due to politics.
The obvious problem is red tape in the bureaucracy whichis compounded by the ageless issue of corruption.
Brillantes and Fernandez (2011) argue that the problemof public administration in the Philippines is rooted in theidea of trustworthiness and the (lack of) integrity of thegovernment.

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Bridging the Gaps through Participatory Development
The responsibility of wealthy countries when it comes tothe issue of climate change is clear. Having enjoyed thefruits of industrial expansion, the citizens of rich countries
must contribute to solving the problem of climate change.
It is a question of global justice. Developed countries havesince focused on curbing gas and carbon emissions.
Environmental standards have so far been improved andthe way forward is a green economy in Westerngovernments and democracies. While China remains to be
the biggest carbon emitter in the last decade, it is also at
the same time the largest producer of wind energy which
is a renewable source. But even with this direction, thewhole world has felt the effect of the energy crunch in thelatter part of 2021 due to supply issues, which only
highlights the reliance of the world economy on fossil
fuels. But while climate change is apparently a global
justice issue, local institutional problems should also be
addressed in a parallel manner.
Climate change is a political problem. Without thesolidarity at every level of governance, from communal to
the local government, national and global levels, it will be
hard to protect and preserve the integrity of theenvironment . Maboloc (2016), re lecting on
environmental pragmatism, believes that what needs tobe done is an action-based approach to the problem,
which means that decision-making on the basis ofpolitical will is critical to address the climate emergency.
The pragmatic approach is described as something that35

looks into policy in terms of what needs to be done. Thereis a need to enforce policy and other measures that will
curb carbon emissions and put a stop to abuses. Such will
require government action. At the global level, af luent
countries must ful ill their commitments to overcome theclimate crisis.
Civil society should take the lead in enhancing social
capital. This in turn will improve to certain degree thelevel of community empowerment. The Church plays amajor role in terms of realizing the same. Local groups
and schools must help in capacitating Local Government
Units to act on environmental issues. Environmental
planning can only be effective if all stakeholders areenjoined and consulted. Local leaders need to learn how
to reach out to the grassroots if any effort were to
succeed. In this way, civil society should extend theirintellectual competence to LGUs. The government needs
to work with radical environmentalists. Karl Gaspar(2020) says that mining and other extractive industries
result to environmental disasters. Only a strong will on
the part of government leaders can expose and put to an
end to the collusion between private and government
interests.
Typhoon Yolanda did not only show the force andmight of Mother Nature. The disaster also revealed the illsof government ineptness. For instance, temporary shelters
for the victims of the typhoon were made out of coconut
lumber. This de ies the whole logic of resilience andenvironmental sustainability. Moreover, it is wrong todesign bunkhouses that disregard basic considerations ofhuman dignity and well-being. The rooms for each family
were barely 16 square meters each. There was a lack ofsanitation and there was no place for children to play.
There were no proper consultations with the people.
There was no desire on the part of some of icials to
empower the poor. The lack of consultation is nothing but
another symptom of unjust and hegemonic policy
structures that altogether undermine the poor andpowerless in society.
Policy gaps are products of poor governance.
Technological innovation is crucial in truly adapting to theimpact of climate change. To address the issue,
organizational development in the area of public
administration is crucial (Brillantes and Fernandez(2011). The people need the technology in order tounderstand the issues at hand when it comes to climatechange. Sherlito Sable (2020) thinks that policy must be
rooted in ethics. Globalization, Sable (2020) argues, isrooted in a modernization theory that emphasized thevalue of individualism. Meanwhile, Joseph Stiglitz (2002)
sees the problem of global governance as a moral issue
perpetrated by global inancial institutions while Jeffrey
Sachs (2005) thinks of the same as a matter of failed
policies that condemn some countries into the poverty
trap. Maboloc (2020b), however, points to the more
fundamental issue, which is the capital-driven nature ofliberal environmentalism.
Conclusion
Undemocratic structural mechanisms cause
environmental problems. COP26 can fall into anotherfailed attempt to address climate change if governments

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

do not honor their commitments. The paper points to alack of democratic consultation in national governments
which means that abuses and corruption have becomecommonplace. To address this, there must betransparency when it comes to government transactions,especially at the local level. Some of icials have also taken
advantage of the situation to use the Covid-19 pandemic
as a means to pursue their vested interests at the expenseof the welfare of the people. Such things happen when thecivil society is unable to extend its oversight capacities.
But ultimately, environmental degradation is a result of an
unjust system where the poor in society are powerless inmatters affecting their well-being. The way forward whenit comes to policy is that the people must be empowered
to be a part of sustainable and pragmatic means that
respond to the climate emergency.
International treaties will need the support of the local
population in countries that have adopted the same. Trustis an important element in good governance. It is not only
important on a national level. For instance, grassroots
leadership is very effective because it is grounded oncommunal trust. Trust promotes solidarity among people.
For the poor, policies are cold and too abstract. Written in
a foreign language, many ind dif iculty in comprehending
the implications of the climate crisis to their lives. In thisregard, an action-oriented type of leadership at thegrassroots is an integral part in making resilient andsustainable communities. An essential aspect to thisincludes technological and organizational, inancial
support, and the capacity for good judgment on the partof local leaders. The most important element of thegrassroots paradigm is the solidarity that is rooted in thehigh level of trust that the people give to their leaders.
References

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Brillantes, A. and Fernandez, M. 2011. “Restoring Trust andBuilding Integrity in Government. In International Public
Management Review 12 (2): 55-80.
Carlos, C. 2010. Democratic De icits in the Philippines: What is tobe done? Makati: Konrad Adenauer Stiftung.
Gaspar, K. 2020. “Extractive Industries.” In Ethics inContemporary Philippine Society. Edited by Christopher Ryan
Maboloc. Davao City: SMKC Press.
Carroll, J. 1970. Philippine Institutions. Manila: Solidaridad
Publishing.
Hotchcroft, P. & Rocamora, J. 2003. “Strong Demands and Weak
Institutions.” Journal of East Asian Studies 2 (3): 259-292.
Lonergan, S. 1993. “Impoverishment, Population andEnvironmental Degradation: The Case for Equity.”
Environmental Conservation 20 (4): 328-334.
Maboloc, C.R.B. 2016. “On the Ethical and Democratic De icits ofEnvironmental Pragmatism,” Journal of Human Values 22 (2):107-114.
Maboloc, C.R.B. 2020a. “Fighting the Oligarchs: President Duterte
and the Perspective against Elite Rule.” Journal of ASEAN
General Studies 21: 34-46.
Maboloc, C.R.B. 2020b. “Liberal Environmentalism and Global
Climate Justice.” In Eubios Journal of Asian and International
Bioethics, Volume 30 (3): 46-53.
Sable, S. 2020. “The Ethical Flaws of Globalization.” In Ethics inContemporary Philippine Society. Edited by Christopher Ryan
Maboloc. Davao City: SMKC Press.
Sachs, J. 2005. The End of Poverty. New York: Penguin Books.
Sen, A. 1981. Poverty and Famines. Oxford: Oxford University
Press.

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Singer, P. 2002. One World. New Haven: Yale University Press.
Stiglitz, J. 2002. Globalization and Its Discontents. New York:
Penguin Books.
World Bank. 2021. “COP26: The World is Watching.” [Internet
article]. https://www.worldbank.org/en/news/feature/
2021/10/31/cop26-the-world-is-watching

Considering collectivistic response
to COVID-19 Outbreak- Charrise Mae N. Nasiad
Email: charrisenasiad@g.cjc.edu.ph- Rogelio P. Bayodroger.bayod@gmail.com
Cor Jesu College, the Philippines
Abstract
Despite the fact that the COVID-19 virus has caused morethan 3 million deaths and 140 million cases of infection
worldwide, some countries have been more successful
than others in reducing the number of cases, thereby
saving lives. These successful nations are some of the East
Asian countries who practiced collectivism (placesconsiderable emphasis on group unity over individualaims) in their response to the outbreak. The countries
who failed to lower the number of COVID-19 cases, aresome of the European and American countries who are
known in practicing individualism (prioritizes own wellbeing over the group’s welfare). This paper will explore
the two different cultural dimensions, "collectivism andindividualism" and their impact to the country when used
as a way of responding to COVID-19. Speci ically, thispaper will claim that individualistic response cannot
sustain in ighting against the outbreak and thatcollectivistic response, on the other hand, is an edge toight COVID-19 successfully. To support these claims, thispaper will explore the success story of Vietnam(collectivist) in battling the outbreak and the failure of
United States of America (individualist) in dealing with
COVID-19 and how the individualistic behavior of people
from the latter country negatively affects thePhilippines’ (collectivist nation) battle against COVID-19
once they entered the boarder. This paper will argue thatcollectivism is the key that individualistic countries lackand that they should consider to adapt collectivistic
approach to COVID-19 and other future pandemic if theywant to triumph against it and bring everything back to its
normal course.
Keywords: COVID-19; cultural dimensions; collectivism;
individualism
IntroductionMore than 3 million people have died as a result of the
COVID-19 pandemic. So far, there have been 140
million deaths and 140 million instances of infection
worldwide (JHU, 2021) making the SARS COV-2- the kindof pandemic, that forever altered how we live, work, andinteract. It compelled governments to implement drastic
mitigating measures such as closing schools, workplaces,
and non-essential companies, restricting travel, and

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issuing stay-at-home orders. Despite the fact that suchprecautions were implemented over the world, theireffectiveness in slowing the spread of the pandemic
differed greatly between countries. While the number of
COVID-19 cases in Italy, France, Sweden, and the UnitedStates increased alarmingly over time, the number ofcases in Vietnam, Singapore, South Korea, Japan,
Hongkong, China and Taiwan decreased. What worked
against some countries and for others as they battled thevirus?
The irst objective of this paper is to evaluate andcompare the effect of collectivistic response fromindividualistic approach to COVID-19 outbreak. The paper
will begin with introducing a brief knowledge aboutcollectivism and individualism. It will also disclose
countries that practice collectivism and individualism andhow it affects their response towards COVID-19 outbreak.
The paper will argue that, while government actions may
be bene icial in helping to limit the number of cases, they
are not enough to combat the growth of COVID-19 cases
successfully. Indeed, the spread of an infectious disease
within a society may be linked to its culture (Van Bavel etal., 2020), which in luences individual behavior anddecision-making (Markus & Kitayama, 1991). Moreover,recent study has highlighted the impact of culture on
society's social distancing and self-isolation habits(Huynh, 2020). However, our understanding of culture'sfunction in regulating COVID-19 growth rates among
countries is not enough (Wolf, Haddock, Manstead, &Maio, 2020). Hence, this information must be educated inorder to uncover narrow restrictions that may obstructnation's efforts to combat infectious illnesses. In addition,
this motivates the paper to address the recognized
dilemma that individualist countries encountered today whether to choose their culture of "valuing individualinterests over group interests, no matter the broader
consequences (individualist culture)" or "to place groupinterest irst for a communal advantage (collectivist
culture)". The Cultural Dimensions Theory of Geert
Hofstede will be used in this paper in order to classify
countries as collectivistic or individualistic and use his
cultural values framework to explain variance of cultures
as it provides a scienti ically de ined and provenframework of national cultural differences. In order tosupport evidences about the effectivity of collectivistic
response from individualistic response to COVID-19
outbreak, the paper will disclose particular study whichshows how individualism affects United States incombatting COVID-19 outbreak and how collectivism
helps Vietnam ight against COVID-19.
The paper will also discuss the impact of the behaviorof travelers from an individualistic country to thePhilippines’ battle against the outbreak. The chosencountries are in the top ranks of the list of individualistic
and collectivistic countries respectively (Hofstede, 2001)
based on the results of Hofstede’s Cultural Dimension
Theory. Furthermore, the theory of Utilitarianism byJeremy Bentham will be also used to support the moralityof choosing collectivistic culture over individualism inighting against COVID-19.
Is collectivism an enough way to successfully combat
COVID-19? If collectivism can combat COVID-19

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)37

effectively, does that mean that technologicaladvancement (e.g., different high-tech medical equipment,
GPS tracker for contract tracing, symptom reporting apps)
and economic status of a country are irrelevant toconsider? How about the shortage of government funds
and other issues in the government policies that cannot
be addressed by collectivistic approach alone? These
questions are beyond the scope of the paper. Collectivism
is not the only key to solve this challenge, however, this is“one” of the “proven high ef icacy” solutions that isrequired to face public health emergencies especially inindividualistic societies. The study of Maaravi et al.,(2021) on “The Tragedy of the Commons: How
Individualism and Collectivism Affected the Spread of the
COVID-19 Pandemic” found that the more individualistic(vs. collectivistic) a country was, the higher the number of
COVID-19 cases and fatalities and the more individualistic
the participants were, the less likely they were to follow
epidemic prevention strategies. Thus, the paper will only
focus on the claim that collectivistic response to COVID-19
should be considered as it is seen to be an effective
approach to reduce if not totally zero out the number of
COVID-19 cases to some collectivist countries.
Hofstede’s Cultural Dimensions (Individualism andCollectivism)
Hofstede's cultural dimensions have become afundamental basis to understand others. According to
Hofstede (2001), individualism and collectivism are both
ideologies, behaviors, political philosophies, and culturaltendencies. They are frequently considered as in contrast
with each other. Collectivism places considerable
emphasis on group unity over individual aims, and it
considers long-term connections to be crucial in achieving
group objectives. Individualism, on the other hand,emphasizes personal autonomy and liberty. It is often
opposed to external interferences in personal decisions.
People in collectivist civilizations, such as those found in
most Latin American, African, and Asian countries, as wellas the Middle East, place a high value on theircommitments to their in-group members and areprepared to sacri ice their own needs and desires for thegood of the group. Collectivists value belonging, harmony,and conformity, and they are more likely to practice selfcontrol over their words and actions because they believe
it is immature or foolish to freely express one's thoughts,
opinions, or emotions without considering the in luenceon others. They are concerned about their in-grouprelationships, and generally treat them differently thanstrangers or outgroup members, a trait called as
particularism. On the other hand, individualistic cultures
can be found in the United States, Germany, Ireland, South
Africa, and Australia. People in these countries should be
able to solve problems and achieve their objectives
without the need for outside help (Fatehi et al., 2020).
When they encountered problems, they should able to "liftthemselves up by their own." This culture's focus on
personal identity and autonomy is prevalent, and it canhave a signi icant impact on how a society runs. Workers
in an individualist society, for example, are more inclined
to prioritize their own well-being over the group's
welfare.

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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Individualistic versus Collectivistic Response to
Covid-19
Individualism vs. Collectivism is a con lict between
countries that value independence over interdependence(Hofstede, 2001). Collectivistic nations, in contrast to
individualistic nations, value collective interests over the
independent self (Kitayama et al., 2018). As a result,collectivistic countries are more likely to recognize thevalue of mitigation. Their humanitarian behavior will bederived from their sense of shared identity (Van Bavel etal., 2020). In addition, because collectivistic countries areaware that socially incorrect behavior may result incommunity-wide sanctions (Heinrichs et al., 2006), they
are urged to embrace COVID-19 mitigation. Individualistic
nations, on the other hand, underestimate the validity of
mitigation because it necessitates the sacri ice of selforiented gains in favor of socially bene icial aims (Wolf etal., 2020), resulting in the rapid growth of COVID-19
cases. With that, I can say that people in collectivistic
cultures are more likely to agree with statements like "Iusually sacri ice my self-interest for the bene it of mygroup" and "My happiness is highly dependent on thehappiness of those around me," whereas people inindividualistic cultures are more likely to agree withstatements like "I frequently do my own thing" and "Whathappens to me is entirely my fault." Increased government
strictness is also tolerated better in collectivist countries
than in individualistic ones since personal freedom andprivacy are highly valued in individualistic societies. Thus,
an individualistic society, as opposed to a collectivistic
society, a public policy that maximizes collective bene its
while restricting personal freedom will face more
opposition. The restrictions imposed by COVID-19, suchas the closure of schools and public transportation, thecancellation of public events, and even lockdowns, willundoubtedly limit personal freedom and privacy(Ferguson et al., 2020).
Moreover, an individualistic culture, people tend to be
more unwilling to compromise their freedom to lower
public health risk. As a result, infection and death rates
are much higher in individualistic societies, which isconsistent with the conclusion that individualism issigni icantly associated with greater pandemic infection
rates and mortality (Cao et al., 2020; Gokmen et al., 2021;
Wang et al., 2021). I reason that, because collectivistic
countries place a priority on duty, obedience, andutilitarian outcomes (Inglehart & Oyserman, 2004), an
increase in government strictness is less likely to be
regarded as a punishment to the self, even if it restricts
individual liberty thus, they had lower COVID-19 cases.
Smith et al, (2002) found that laws and regulations are
more acceptable in collectivistic countries than in
individualistic countries, which supports this theory. Chenet al. (2006) discovered as well that collectivistic
countries are more inclined to follow tight laws, especially
if they are pro-social and presumably bene icial to society.
However, this may not be the case in individualistic
countries, where increased government strictness may beviewed as a violation of personal freedom (Hornsey et al,2018). One example of this is the issue of mask usage asprotection for COVID-19 infection. Masks provide effective

protection against COVID-19 (3), but they can be
uncomfortable and inconvenient. People in collectivistic
cultures are more willing to tolerate such personalinconvenience and wear masks because they are moreconcerned with the collective welfare. Individualistic
societies, on the other hand, are more prone toprioritizing personal convenience or choice over groupbene it, as Kitayama (2020) lamented, and thus less readyto wear masks. According to a COVID-19 study, 64% of
Americans who did not wear masks said "It is my right as
a n A m e r i c a n n o t to we a r a m a s k " o r " I t i s
uncomfortable" (Brookings Institution, 2020). In addition,
many people in individualistic societies reject to wear
masks because they see them as a symbolic infringementon their personal choice and liberty. Many anti-mask
rallies have taken place in highly individualistic countries
such as Germany and the United States, with slogans suchas "Masks are muzzles" (Vox, 2021). "If I am going toacquire COVID and die from it, so be it," some opponents
said (BBC, 2021). This statement symbolizes
individualism's ideas of personal freedom and liberty, yet
it ignores the potential that one can infect others andharm the greater community. Indeed, a large number of"super-spreader" incidents have occurred in culturally
individualistic regions, where people chose to gather orparty without masks, resulting in a massive number of
infections. Many people in collectivistic societies, on theother hand, consider wearing masks not just a
responsibility to society but also a show of solidarity
suggesting that they are battling the pandemic together,
due to their emphasis on interdependence and sharedaims.
Collectivism during Covid-19 Crisis in Vietnam
The widespread use of masks and adherence to social
distancing restrictions to guarantee the safety of others
was in luenced by collectivist standards. These could havebeen Vietnam's hidden weapon in preventing COVID-19's
expansion" (Liu et al., 2020). Vietnam shares a borderwith China, where the coronavirus outbreak was initially
discovered. Vietnam is home to more than 95 million
people. By 20 May 2020, however, the Ministry of Healthin Vietnam had only reported a little more than 300
instances of COVID-19, with no deaths. Vietnam's
response to the pandemic problem is illuminating (Le,2020). The Vietnamese response to the pandemic was
successful because it included early measures: theVietnamese leadership began using war rhetoricregarding the COVID-19 and called on citizens to unite(collectivist behavior); points of entry were tightly
controlled; epidemic control groups carried out contact
tracing and testing; localized centers for disease control
and preventive health facilities are closely collaboratingwith hospitals in case detection, isolation, and treatment;
citizens were well-informed of protective measures; theprivate sector gave its support, and so forth (Le, 2020).
The role of the leadership and people’s trust on theirgovernment are signi icant factors for the success ofVietnamese’ early measure. Public trust in governments is
crucial for policy implementation (Fukuyama, 1995), as it
contributes to the development of a "social consensus"that is required to support any policy improvements

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)(Berggren and Bjornskov, 2017; Goldsmith, 2005;
Heinemann and Tanz, 2008). When citizens' trust in
government is low, the government is less attentive to or
driven to adapt to their cultural preferences. As a result,
we can expect to see a lower impact of culture on policy
responses in countries where political trust is low. In
contrast, policymakers in societies with high politicaltrust will cater to citizens' cultural orientation, whichmeans that in countries with collectivist cultures, thegovernment will be able to react even more quickly
because they expect less resistance from the public,
whereas in countries with individualistic cultures, thegovernment will be more hesitant to restrict citizens'
freedom through legislative action. As factual evidence, I
can see that during the COVID-19 pandemic in Vietnam,
citizens tend to adopt proactive strict regulations, despite
the fact that these policies may restrict their personal
freedom.
Confucianism's essential values are re lected in
Vietnamese society. These ideals incorporate conceptionsof social obligation, freedom, and political organizationthat differ signi icantly from those held by Western
liberals (Nghia, 2005). Collectivism, respect for the old,
respect for authority, loyalty, social harmony, and so on
are examples of these principles. Vietnam's culture,society, politics, economics, and philosophy are allin luenced by Confucianism (Truong et al., 2016). In
Vietnam, individual responsibilities to the community(collective rights) take priority over individual rights. At
the heart of this argument are claims of culturaldifference: Vietnamese, a Confucianism-in luenced
citizens, are believed to value the community over theindividual, to strive for consensus, and to appreciate an
authority that looks after its citizens (Truong et al., 2016).
Individuals are irst and foremost viewed as members of a
speci ic group in this perspective (family, society, or
nation). From this perspective, a legal foundation for
restricting individual liberties can be found if it
contributes to group health and the realization of the rightto life.
Vietnam took precautionary precautions more than amonth before the World Health Organization proclaimed a
global pandemic of COVID-19 (Le, 2020). The country's
leadership's early, decisive, and transparent steps, as wellas people' engagement and unity, have been fundamental
to Vietnam's success in countering COVID-19 to date (Le,2020). This method aims to increase self-awareness andconcern for others. From the start of the pandemic, theVietnamese government used war rhetoric and promoted
solidarity in the ight against the disease. "In Vietnam, aprominent storyline has dominated press coverage: 'Everycitizen is a soldier combating the sickness'" (Tran, 2020).
In fact, as of today, the Vietnam still maintained theminimal number of cases despite the spread of the new
COVID-19 variant “omicron”.

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Individualism during Covid-19 Crisis in United Statesof America
According to a study conducted by Bo Bian et al., (2021),
individualism in luences the economy's response to crises
by altering agents' ability to engage in socially ef icientactions. East Asians' behavior contrasts sharply with that39of Americans; their response to COVID-19 was very
individualistic (or intellectually and affectively
independent) as well as highly politicized (Allcott et al.,2020). The United States has consistently ranked as themost individualistic country in the world, and American
individualism has been a powerful force driving
innovation and economic growth. However, it may
complicate the ight against COVID-19, which urgently
requires collective actions – such as social distancing or
mask-wearing – that put individual preferences aside inorder to achieve a collective goal. Many American
citizens opposed to public health measures (such as social
distancing, travel limitations, and mask wearing) as
contraventions on their constitutionally protected
freedoms (Evans & Hargittai, 2020).
Redistribution is another crucial collective action
during a crisis. Since Americans value self-reliance andindividual efforts, they are opposed to welfare-improving
redistributions, especially when they are voluntary andnot imposed by the government. Furthermore, growth in
COVID-19-related initiatives is much slower in UnitedStates: fewer campaigns are launched, and thesecampaigns raise less money and are less likely to be fully
funded. Concerns about transfers of material equality(redistribution), according to individualists, areincompatible with a proper concern for human equality(Schmidtz, 2006). In the Theory of Justice by Rawls(1971), he advocates for a more extensive state in which
the government is obligated to provide citizens withaccess to basic human necessities as well as to care after
the welfare of the poorest citizens especially during crisis.
But, this idea was opposed by a libertarian liberal, Robert
Nozick in his famous book Anarchy, State and Utopia(1974), calling Rawls’ distribution theory a patterned
theory. To Nozick, no distribution is fair, and there should
be no redistribution at all. Individual rights are infringed
upon by redistribution, according to Nozick, which tookpriority over all other concerns and issues. In addition,
Nozick added that individual rights are all that matters,
and there is no such thing as a society, community, or
collective well-being. Hence, this can be associated to thereason why most Americans do not support redistribution
because they see redistribution processes as unjust thatwill lead to inequality and violation of their rights. For
them, everyone should work hard or ind ways to support
their own needs and not tolerate dependence from others.
However, their sentiments might be true but not in thecase of crisis such as the pandemic we have right now
which impacts the economy detrimentally and closes a lotof opportunities to many that can supposedly help them
support their daily needs. This pandemic might be anawakening call of realization to consider redistribution asa collective action to help the least privilege and the mostaffected sector and survive this dreadful situation
together.
Individualism in United States also has a negative
impact on people's willingness to get COVID-19 vaccines
and, as a result, it hinders the pandemic's possible
recovery. The study of Bo Bian et al., (2021) inds that
individualism negatively in luences the intent to take
COVID-19 vaccine, based on data from a nationally
representative random sample of 1,676 people in the

40

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

United States. Individualism's anti-vaccination effect is not
restricted to COVID-19, according to the study, it also
happened to other vaccinations, even before COVID-19.
Thus, these several impacts are driven by individualismchanging the American’s tendency to internalize theconsequences of their actions. They live in a country thatis strongly committed to a serious notion of self-reliance,
a culture that is pathologically invested in the idea thatthey should all "just do it"—an attitude that encourages
them to push through whatever it is. Individualists don't
have a common language for the idea that the dif icult,real hard thing to do is to do less in order to help one
another or to do nothing at all. Furthermore,individualists have permitted themselves to believe that
all healing must be done by the self rather than thecommunity just like the case of unwillingness to take
COVID-19 vaccines. COVID-19 serves as a sharp reminderthat the community, not the individual, should be the irst
line of priority to be protected. Being sick by COVID-19 is
to recognize our interconnectedness, but being sick inindividualistic societies today is to be confronted with thedisease of a culture that denies the fact of collectivism.
COVID-19 gives us the opportunity to modify our fears as
a form of caring for one another, rather than panic oroverwhelming anxiety and sel ishness. Ourinterconnectedness is fundamental to the meaning of life.
No man is an island; the country that values individuals
over community ighting for survival. Accepting andembracing the idea of individualism in these times may be
a more dif icult path to take than pushing through, one byone, whatever happens.

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Individualist Behavior impact to Philippines’
Collective Fight Against COVID-19
The entire country put forth a lot of effort to keep ourcases low. Our healthcare and frontline workers working
overtime to save lives, our LGUs and the rest of thegovernment crafting policies to balance health andeconomy — these are just some of the sacri ices they
make so that we can recover from the pandemic, return towork, and safely reopen schools and establishments. To
help minimize the spread of the COVID virus and its
variants, they remind us to follow these protocols. They
have been working hard to ensure that tourism in thePhilippines is reopened, but some breaches contradict tothese goals. Those breaches are some stubborn Filipinos
who continue to defy government order, some also are
Filipinos who need to go out to have food on their tablebecause the Philippines lacks resources for the safety netsof people especially those who are poor or the leastprivilege citizens in our country. According to a report inInquirer Business (2020), many Filipinos are daily wage
earners who cannot afford to stay at home because they
live in a developing country where 17% of the population
lives below the national poverty level.
The Covid-19 pandemic in our country is causing
havoc on the poor, exposing growing inequalities in accessto food, shelter, and health care since the government aid
are not enough to cater the needs of everyone. To mitigate
this problem, Filipinos during the early time of pandemic
did collective action to ease the dif icultiesof the poor
through the establishment of community pantries that

displays fruits, vegetables, vitamins, milk, medicines, andother basic necessities for free. Community pantries are
the outcome of concerned citizens' efforts to address thebasic needs of the poor and the underprivileged (Suazo,2021). The underlying principle of these pantries is tourge people to give whatever they can and just take what
they need from the pantry. Community pantries havehelped people in our country with some of their essential
needs and it also reduced the number of people going out
just to look for food. The concept of a community pantry
demonstrates that our country's virtue of solidarity as acore of collective action is our best ally in surviving thispandemic.
Another breach that contradicts to the goal of reducing
the number of cases in our country is the disobedience oftravelers from abroad who do not care about following
our quarantine standards thus causes COVID-19 crisis tocontinue. Example of this incident was happened in late2021, a traveler from the United States was arrested after
she evaded quarantine and spread COVID-19 while
p a r t y i n g i n P o b l a c i o n , M a k a t i C i t y. I n t e r i o rUndersecretary Jonathan Malaya announced that seven of
the so-called "Poblacion girl's" 15 close contacts had
tested positive for COVID-19 (Rappler News, 2022). Days
after the incident, Tourism Secretary Bernadette RomuloPuyat claimed they had received an information that
another American passenger had skipped quarantine
upon arrival in the Philippines (GMA News, 2022).
The incident proves that an individualistic person,
have a harder time internalizing the consequences of their
behavior on others and unconscious of the externality of
their behavior. Hofestede (2001) argues that
individualists are a disadvantage when it comes to rapid
group action and coordination due to the fact that they areencouraged and used to hold opposing viewpoints,
express themselves, and question and debate decisions.
That is the main reason why it may take longer to achieve
the necessary consensus for policies to work when
individualism is present in a society. Individualism: apattern of behavior that contributes to the dangerous
transmission of COVID-19, is an issue that should be
address in these times.
Jeremy Bentham and Collectivism as a Utilitarian
ApproachAccording to utilitarian philosophy, public policy should
aim to increase happiness for a larger number ofindividuals. Jeremy Bentham's (1789) 'Introduction to
Morals and Legislation' re lects a lot of that enlightenedthinking. Bentham claimed that the moral worth of anaction should be determined by its effects on humanpleasure, and that we should strive for the 'highest
happiness for the greatest number.' Because of hisemphasis on the usefulness of behavioral consequences,
his philosophy is known as 'utilitarianism.' As a result, theutilitarian roots of collectivism can be seen. Since
Bentham advocated for a system that optimizes happinessfor the greatest number of individuals, collectivism
prevails over individualism, owing to the fact thatadhering to collectivist ideals maximizes communal
bene it (Gao, 2019, p. 21).

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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Legislation and the rule of law defend our democraticsociety by institutionalizing certain freedoms. Freedom of
movement, assembly, religious practice, and expression
are all examples of these rights. We have a right to these
freedoms as individuals and as a community, and thegovernment has a responsibility to defend them. Humanrights law also acknowledges that restrictions on somerights can be justi ied in the situation of serious publichealth threats and public emergencies threatening thenation's life when they have a legal basis, are strictly
necessary, based on scienti ic evidence and not arbitraryor discriminatory in application, are of limited duration,
respectful of human dignity, subject to review, andproportionate to achieve the goal (UN Commission on
Human Rights, 1984). Since the scope and severity of the
COVID-19 epidemic plainly rises to the level of a publichealth threat, it justi ied the restrictions on certain rights,
such as those resulting from quarantine or isolation
limiting freedom of movement. In other words, when
there is a pandemic and a state of emergency is declared,
the government has the authority to restrict or eliminate
these freedoms, and it deems to be its obligation to do sowhen the public's health is at stake.
Hence, collectivism is a utilitarian approach thatprioritizes what is best for the greater majority over what
is best for an individual. Bentham (1789) believed that themost likely path to such an agreement was to adopt thepolicy that would result in the greatest net bene its tosociety after all harms were considered. Perhaps the mostserious problem in utilitarianism is that it ignores issuesof justice because it only focuses on the majority. The
majority constitutes the protection of ordinary citizens
while the minority constitutes the safety of healthworkers, other frontliners, the poor, and the individual
rights of freedom. This a situation where a certain courseof action would save the majority but is clearly unjust forthe minority or the sacri icial lambs. Despite these laws
in utilitarianism, we must adhere to the general principlethat morality must be based on balancing the positive andnegative consequences of our actions. In today's "age ofself-interest," utilitarianism serves as a powerfulreminder that morality requires us to look beyond
ourselves to the good of all.
Because of the magnitude of the challenge facing
health systems and public policy, it is unavoidable that theneeds of the many be prioritized. It is dif icult to treat all
citizens equally, and failing to examine the consequencesof actions could result in a large loss of life that could havebeen avoided. The government may appear to be acting
paternally by restricting our personal freedom but itwould argue that protecting the population's health at theexpense of individual rights is the right thing to do, andthat as members, we have a moral obligation toparticipate collectively in such rules in order to save also
the life of our frontliners and help the poor throughcollective act of redistribution (Bayod, Forosuelo & Niez,2020). Although Bentham's theory of utilitarianism may
not be applicable in all circumstances, it is especiallyrelevant in these times because, as daily COVID-19 cases
rise to unfathomable levels, we must no longer tolerate
sel ishness; now is the time to alter our approach and41

encourage the collectivism consideration to ight the
pandemic's challenge.
Conclusion
In this paper, we have illustrated how cultural dimensions(individualism and collectivism) of Hofstede play a role inexplaining the pandemic's unequal effect across countries,
and how they should be considered when determining thebest tactics to battle COVID-19 or similar pandemics inthe future. One cultural factor that could explain thevariation in mortality between countries is public
cooperation and readiness to make sacri ices for thegreater good and to follow health rules. In addition,individual citizens must often be mobilized to change
their behaviors and make personal sacri ices for thegreater good in order for crisis management to be
successful. The importance of trust in this challenge
cannot be neglected: citizens who trust their leaders are
more likely to follow government orders. Because thepandemic's harmful impact is stronger in individualistic
societies where people are less concerned about thegreater good, leaders should work to cultivate a morecollectivistic mindset among their constituents and must
know how to handle issues at hand in order to get a solid
trust from their citizens during the current or future
pandemics. Furthermore, as social distancing,
redistribution, wearing masks, and COVID-19 vaccines
have been approved, governments and health authorities
are now confronted with challenges, including people whoare hesitant to take the new vaccines out of fear or as partof the anti-vaccine movement, lack of citizens' trust,shortage of government funds to aid the poor, people whoare so self-suf icient that they refuse to accept or extend
help, and people who do not follow social distancing andwearing masks. Even the severe impact of the COVID-19
pandemic appears to have failed to persuade those who
oppose vaccination, social distancing, masking, andredistribution. As a result, messages that emphasize one's
obligation to the society are more effective in collectivistic
groups, and individualistic societies should assimilate thismindset as soon as possible.
The fundamental problem with a uilitarian viewpointis that it is willing to harm someone to cause the overall
greatest utility. The utilitarian approach to ethics instructs
us to choose the outcome that accomplishes the mostgood while causing the least harm. Is keeping everyone
employed, free to go outside, decline vaccination, thegreatest good in this pandemic? Or is keeping everyone, as
many as possible alive, the greatest good? In this scenario
we had today, we believe that the least harm choice is theone that preserves the greatest number of human lives.
Although, collectivism can be seen as utilitarian approach,and that it truly have to undergo sacri ices in order toachieve the communal good, we should not neglect theinevitable reality that in order to win any battle, there
must be a cost to consider to get that goal. However, it isthrough collectivism where we can save the sacri icial
lambs in this pandemic. Just by following the protocols,
conducting redistribution to poor,and trusting ourgovernment, we can surely lessen if not totally prevent therisks and harmful outcomes of this pandemic. On theother hand, the costs and bene its of individualism varyEubios Journal of Asian and International Bioethics 32(2) (March 2022)with economic conditions: In good times, individualism
encourages effort and innovation, but in bad times, it canbe very costly, because it disincentivizes collective actions
that are particularly important when facing challenges.
Lastly, we would like to highlight that people with acollectivistic point of view may be less receptive toconspiracy theories and misinformation, which can have a
harmful impact on their behavior. Thus, the interventions
or seminars that correct the misinformations or myths inthis challenging time and emphasize communal
empowerment that promote a “we are all in this together”
may inspire people to follow COVID-19 prevention
measures such as taking vaccination, masks wearing,social distancing, and stay at home. It is important to takenote also that we will never get close to the inish line
unless we recognize that our individual rights cannot
always take priority over what is best for the collective
good.
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for containing the COVID-19 pandemic. British Journal of Social
Psychology, 59(3): 618–627.

43

Sexual Depictions for Sale: Online
Selling of Sexual Materials andPerformances Amid the COVID-19
pandemic in the Philippines- Albert C. Albina, PhD
Negros Oriental State University
Email: albertalbina@norsu.edu.ph
ORCID Number: 0000-0002-8124-7616
Abstract
This exploratory paper aimed to investigate the online
selling of sexual materials and performances amid the
COVID-19 pandemic in the country. Findings revealed thatwhile online sex work already existed even before thepandemic, including those involving children, it has
worsened, exacerbated, and become widespread whenpeople are challenged inancially more than ever during
this pandemic. The author concludes that theexacerbation of online selling of sexual materials andperformances, especially among minor groups, may be
mitigated if not prevented through revisiting theimportance of responsible parenthood and guardianship,
age-appropriate sex education, highly effective andef icient surveillance, provision of inancial aid from thegovernment for poor students to support their schoolrelated needs during distance and online learning, andputting in place some stringent measures to ilter sexuallysuggestive depictions posted and sexual activities taking
place online.
Keywords: sex work, sexual depictions, responsible
parenthood, COVID-19 pandemic
Introduction
Due to the COVID-19 pandemic, one-quarter of total
employment in the Philippines, or 10.9 million employees,
is anticipated to be affected by reduced incomes andworking hours or complete job loss (ILO, 2020). This
current economic and labor scenario has numerous
rami ications. It could affect the breadwinner's ability tosustain the basic household needs and services of those
who depend on them inancially. Speci ically, it could haveadverse effects on the parents' or guardians' inancial
capability to weather the children's demands of distanceand online education. One sector of the Philippine labormarket that is gravely affected by the community
quarantine measures is the sex “industry.”
On a global scale, there are at least 13 million
prostitutes in the world; 800,000 of these are from thePhilippines, according to Havocscope – a provider of
information and threat intelligence on the global black
market, including prostitution. While sex work andprostitution in the Philippines are considered illegal, there
is no denying that there are many Filipinos involved inthese forms of livelihood to deal with poverty (UNICEF,
2016) and provide something for one’s self and family.

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In the Philippines, the sex "industry" may have its
social structures, systems, and dynamics; it may even havehuge and consistent patronage from clandestine clients,

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

but it is not formally supported owing to the illegality ofsex work, let alone prostitution. However, it is noteworthy
that even during the pre-pandemic period, UNICEF (2016)
already declared that “the Philippines has become theglobal epicenter of the live-stream sexual abuse trade, andmany of the victims are children.” Moreover, with theongoing pandemic, some parents in the country,
particularly those who lost their jobs due to the recession,even push their children to do online prostitution(Jennings, 2020).
As face-to-face activities are temporarily put on holddue to travel restrictions and limited mobility, the world
saw a sudden shift into online or virtual platforms, andsex-related transactions and performances are no
exception to this. One interesting phenomenon worthy ofinvestigation is the exacerbation of online selling of sexual
depictions (e.g., photos, videos, live streaming) during the
COVID-19 pandemic in the Philippines. Notably, thisphenomenon is participated in by children or those 17
years old and below. Data presented in this work are
obtained from electronic articles reported by leading
news agencies.

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Sex work during the COVID-19 pandemic period
Sexual activities are originally physical in nature which
entail contact with at least another person, except forsolitary sexual activities which are done all alone.
However, the travel restrictions and limited mobility being
imposed by the government to contain the spread of thehighly contagious coronavirus, the availability ofsmartphones, internet connection, and inally, theinancial pressure brought about by the pandemic have all
become contributory factors that resulted to theburgeoning of online selling of sensual materials (photos,
videos) and staging of paid sexual performances (livestreaming). While there are obviously other livelihood
options, reduced though in this time of pandemic, sex
workers are forced by prevailing circumstances to shift
from handling clients face-to-face to entering the online
and virtual world. Worse, “some students have been selling
lewd photos and videos online to buy gadgets needed for
distance learning, and pay for internet bills for online
learning” (Marquez, 2021).
“Sex workers are individuals who offer sexual services inexchange for compensation (i.e., money, goods, or otherservices)” (Sawicki, Meffert, Read & Heinz, 2019). Somesex workers use "alter" accounts in social media to hide
their identities. "Alter refers to anonymous social media
users who post, share, or trade sexually explicit content”(Acosta, 2021). Conversely, some interested clients or
patrons also use “alter” accounts in social media topreserve their anonymity.
Undeniably, sex work is a lucrative livelihood, at leastin the Philippine setting; sex workers are making muchmoney with the sexual depictions (e.g., photos, videos, live
streaming) they sell. Based on an online article, one male
sex worker confessed that he earns 700 to 800 US dollars
per month, sometimes reaching 1,000 (Acosta, 2021).
Another female sex worker is even earning 3,000 US
dollars per month (Acosta, 2021). Indecent as it may
appear at least in the Philippine context considering thecountry’s conservative and religious background, the

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3,000 US dollars per month that a sex worker makes,
which is tax-free, is roughly comparable to Salary Grade
28 that a government employee earns (this salarycorresponds to that of a Professor V in state universities
and colleges). Moreover, such income of some sex workers
is suf icient to pay their bills, support their families, starta small business, pay tuition, or even send a sibling tocollege (Acosta, 2021).
Sensual materials and sexual performances for sale as
the new normal
Sexual depictions are sold online, like candies and hot
cakes being peddled on the streets. See the first image in
Fig. 1. One sexual content seller posted on Facebook saying,"Hello Please Avail my Vidjacks & CsLive. Badly Need Po
Bukod Sa Nasa Ospital Papa ko Pinapaalis nadin po kame Sa
inuupahan namen Please avail Po Please SALAMAT PO…
GCASH PAYMENT” (Hello! Please avail of my video jack-off
and cam show live. I badly need [money] to pay for myfather’s hospital bills and house rental to not get evicted.
Please avail. Thank you. Pay through GCash.). This person
appeals to clients' natural propensity to pity his
unfortunate situation; in his case, he needs money to pay
for his father's hospital bills and house rentals. True or not,this is his strategy to lure prospective buyers. In the second
image still in Fig. 1, the sexual content seller describes
himself as “moreno” (someone with dark, brown, or tannedskin), with 6.5 inches penis, and “bagets” (Tagalog term forteenager, young person, or young-looking). Further, he issaying in his Twitter post that he is available for “vidjakul”(this is an alteration of the term video call but withemphasis on the term “jakul," which is slang Tagalog term
for masturbate) and is selling his sexual videos.

Sexual content creators and sellers will notify
prospective clients of their photos and videos'corresponding rates and payment methods. Examples of
their rates are provided in Fig. 2, which are actual messages
from sexual content sellers. For example, one seller sells
one video for 300 Philippine pesos (or approximately 6
USD), and two videos for 500 Philippine pesos (or 10 USD).
The other seller, who identified himself as 19-year-old, isselling his three videos plus two pictures for 500 Philippine
pesos (or 10 USD), five videos plus three pictures for 800
Philippine pesos (or 16 USD), one hour of live streaming
via video call for 1,000 Philippine pesos (or 20 USD), andthree-hour live streaming for 1,500 Philippine pesos (or 30
USD). The principle being observed here is, “the more
exposure of body parts or the more dif icult sexual acts
command a higher price. Generally, online sex predators
pay US$19 to US$95, or even up to US$190, for eachsexual act on live stream” (Malindog-Uy, 2020).

While online sex work already existed even before thepandemic, including those involving children, it has
worsened, exacerbated, and become widespread whenpeople are challenged inancially more than ever. “Since
the start of the coronavirus outbreak in the Philippines,
there has been an upsetting increase in online sex
exploitation of children (OSEC) cases” (Malindog-Uy,2020). Reality has it that some adult members in thefamily are the ones who push their children to earn
through sexual performance over the internet (Jennings,2020).

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Implications
The online selling of sexual materials and sex
performances that involve children aging 17-year-old andbelow is best dealt with by emphasizing the bene its of
responsible parenthood and guardianship. While parents
and guardians cannot practically monitor what theirchildren are doing 24 hours a day and seven days a week,
nevertheless, it pays when adult members of the familycollectively supervise, either physically or through phone
calls or video calls, the physical activities, smartphonelogs, social media communications, and whereabouts of
their children. In doing so, children's unwholesome
activities may be detected early and maybe given
appropriate interventions.
Age-appropriate sex education is a moral imperative,
especially now when children spend more time sur ing
the internet. Unfortunately, parents and guardians havelittle to no control over what sites their children are
visiting, and to whom they are exchanging messages onsocial media. Still part of responsible parenthood andguardianship is the inclusion of age-appropriate sex
education inputs to children. This implies that sex or
topics related to it should no longer be viewed as taboo.

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

45

Cracking down the online selling of sexual depictions
is challenging to succeed since sellers are using “alter” orfake accounts. This therefore requires highly effective andef icient surveillance of activities of this kind. In thisregard, social media sites, or websites in general, should
consider putting in place some stringent measures toilter sexually suggestive depictions posted and sexual
activities taking place online. They should view this as
their corporate social and moral responsibility, especiallyin the Philippines where sex work and prostitution are
considered illegal.
Lastly, inancial aid from the government for poor
students may be considered to mitigate if not prevent
school children from engaging in online selling of sexual
depictions to subsidize their school-related needs during
the pandemic.
Conclusion
The online selling of sexual depictions (e.g., photos,
videos, live streaming) has exacerbated in the Philippines
as the COVID-19 pandemic continues to pose inancial andeconomic challenges on highly vulnerable sectors insociety. The said online selling of sexual content andperformances includes young students who or whosefamilies are hard-pressed during the pandemic. Arguably,
this unwholesome phenomenon may be mitigated if notprevented through revisiting the importance of
responsible parenthood and guardianship, ageappropriate sex education, highly effective and ef icient
surveillance, provision of inancial aid from thegovernment for poor students to support their schoolrelated needs during distance and online learning, andputting in place some stringent measures to ilter sexuallysuggestive depictions posted and sexual activities taking
place online.
Funding
The author received no funding from any source.
Con lict of interest
The author declares no con lict of interest.
References
Acosta, R. (24 January 2021). Of hustlers and divas:
Monetizing bodies, going online for adult performances‘It’s expensive to be beautiful, so why not make money
off of it?’. Inquirer. https://newsinfo.inquirer.net/
1387536/of-hustlers-and-divas-monetizing-bodiesgoing-online-for-adult-performances. Accessed on 18
July 2021.
Cambridge Dictionary. https://dictionary.cambridge.org/
us/dictionary/english/thirst-trap. Accessed on 17 July
2021.
Havocscope. (n.d.). https://havocscope.com/prostitutionstatistics/. Accessed on 17 July 2021.
International Labour Organization. (2020). COVID-19
labour market impact in the Philippines: Assessmentand national policy responses. ISBN: 9789220338445(Web PDF). Available in https://www.ilo.org/wcmsp5/
groups/public/---asia/---ro-bangkok/---ilo-manila/
documents/publication/wcms_762209.pdf. Accessed on
18 July 2021.

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Jennings, R. (4 December 2020). Philippines Parents Pimp
Out their Children as COVID Job Losses Mount. VOA
News. https://www.voanews.com/east-asia-paci ic/
philippines-parents-pimp-out-their-children-covid-joblosses-mount. Accessed on 17 July 2021.
Malindog-Uy, A. (18 October 2020). Philippines: Online
Child Sexploitation Hotspot. The Asian Post. https://theaseanpost.com/article/philippines-online-childsexploitation-hotspot. Accessed on 17 July 2021.
Marquez, C. (3 January 2021). Gatchalian wants probe on
students selling lewd photos, videos online. Inquirer.
https://newsinfo.inquirer.net/1378934/gatchalianwants-probe-on-students-selling-lewd-photos-videosonline. Accessed on 17 July 2021.
Sawicki, D. A., Meffert, B. N., Read, K., & Heinz, A. J. (2019).
Culturally Competent Health Care for Sex Workers: An
Examination of Myths That Stigmatize Sex-Work and
Hinder Access to Care. Sexual and relationship therapy:
journal of the British Association for Sexual and
Relationship Therapy, 34(3), 355–371. https://doi.org/
10.1080/14681994.2019.1574970
UNICEF. (2016). A Systematic Literature Review of the
Drivers of Violence Affecting Children in the Philippines.
Available in https://www.unicef.org/philippines/media/
5
0
1
/
i
l
e
/
National%20Baseline%20Study%20on%20Violence%2
0Against%20Children%20in%20the%20Philippines:%20Systematic%20literature%20review%20of%20driv
ers%20of%20violence%20affecting%20children%20.p
df. Accessed on 17 July 2021.

Abortion, Texas "Heartbeat Act"and the US Supreme Court: A
Critical Evaluation- Dr. R. R. Kishore, MD, LLB
Advocate, Supreme Court of India
President, Indian Society for Health Laws and Ethics,
203 Nirman Apartments, Mayur Vihar Phase –I,
Delhi-110091
Email: rrkishore4@gmail.com

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Abstract
Sanctioning abortion is a challenging task because of thecompeting maternal andfoetal interests. While theformer asserts her right to autonomy and bodily integrity
the latter relies on its right to personhood and sanctity oflife. In order to reconcile the competing interests the
Courts across the world have declared the foetal viability
as the line of demarcation, clearly acknowledging that the
woman’s autonomy does not include the right to sacri ice
a viable foetus unless its continuance imperils the life of
the woman. The U. S. Supreme Court's pronouncement on
1 September, 2021 refusing to injunct the Heartbeat Act
enacted by Texas legislature, declaring the conceptus as"Unborn child", "from fertilization until birth", treating"fetal cardiac activity" as the relevant point to determine
the fetal viability and equating an illegal abortion with"wrongful death" has created a storm in the ethico-legal
circles and medical community. This article examines thesalient features of the Texas anti-abortion law and the U.SSupreme Court's refusal to grant the interim relief, in thelight of judicial decisions on abortion across the world.
Key Words: Abortion, woman’s autonomy, sanctity of life,
embryo, foetus, unborn-child, viability, cardiac activity,
wrongful death, injunction
Introduction
On 1 September, 2012 the US Supreme Court by a razor
thin majority (5:4) refused to injunct (1) the Texas
Heartbeat Act enacted by the Texas Legislature and signedby the Governor on
May 15, 2021, prohibiting theabortion from the point of detection of fetal heartbeat,
which may be as early as 6 weeks into a woman's
pregnancy. (2) The Texas Heartbeat Act is the strictest
abortion law in the United States that is currently in force.
(3). The law has evoked angry reactions among the U. S.
medical community one of whom compares the Texas
legislature with the "Taliban". (4) The law does notdistinguish among zygote, embryo and fetus. Instead, it
uses the term "Unborn child" which as per the law"means an offspring of human beings from fertilization
until birth." Thus, right from the point of fertilization, theconceptus is granted the status of an "Unborn child". The
law concludes "fetal cardiac activity" as the relevant point
to determine thefetal viability, thereby prohibiting
abortion from 6 weeks of pregnancy onwards . The law
re lects the legislature's strong value perception andresolve to treat the life of an "unborn child" at par with aliving person, equating an illegal abortion with a"wrongful death". The law has several peculiarities in asmuch as it totally exempts the abortion seeking woman
against any legal action but provides stringent action
against the entities even remotely connected with the act .
Furthermore, the law does not cast any duty on the stateof icials to enforce the Act. Instead, it anticipates private
litigants to sue the violators of law. The law reveals anattempt to circumvent the US Supreme Court's 1973
pronouncement in Roe v. Wade (5) which af irms awoman's constitutional right to abort till the point of fetal
viability. Concerned at arbitrary and unconstitutional
enactment the Act was challenged in the U.S. courts by theaffected parties but in the absence of inal hearing before
September 1, 2021 i.e., the date of enforcement of the Act,the matter was agitated in the U.S. Supreme Court, seeking
an injunction against its operation but the apex Court
declined to grant the relief. In this article I examine thesalient features of the Heartbeat Act in the light ofprevailing ethico-legal paradigms and judicial decisions
on abortion across the world and offer a brief commenton the U.S. Supreme Court's order denying the relief as
prayed for.
Salient provisions of the Act
1.
Section .A171.201. (1) de ines "Fetal heartbeat"as "cardiac activity or the steady and repetitive rhythmic
contraction of the fetal heart within the gestational sac".
This means that mere existence of "cardiac activity", evenin the absence of contraction of the fetal heart, is
suf icient to make the law applicable.
2.
The law does not distinguish among zygote,embryo and fetus. Instead, in Section A171.201. (7) it

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uses the term "Unborn child" which as per the law"means an offspring of human beings from fertilization
until birth." Thus, right from the point of fertilization, theconceptus is granted the status of an "Unborn child"
3.
In SectionA171,202 the Act records its legislativeindings stating that "less than ive percent of all naturalpregnancies end in spontaneous miscarriage after
detection of fetal cardiac activity"; "over 90 percent of invitro pregnancies survive the irst trimester if cardiac
activity is detected in the gestational sac"; "nearly 90
percent of in vitro pregnancies do not survive the irst
trimester where cardiac activity is not detected in thegestational sac" and "fetal heartbeat, therefore, has
become a key medical predictor that an unborn child willreach live birth" Thus, the law concludes "fetal cardiac
activity" as the relevant point to determine the fetal
viability.
4.
As per Section 171.204 (b)the physician does not
violate the law "if the physician performed a test for a
fetal heartbeat under Section 171.203 and did not detect a
fetal heartbeat." Thus, the physicians are free to performthe test, without attracting any legal liability.
5.
Section .A171.205 (a) provides an exception "if aphysician believes a medical emergency exists thatprevents compliance with" the provisions of this law.
Thus, the law permits abortion in order to address a
medical emergency. However, the term "medical
emergency" has not been de ined in the Act.
6.
Sec.A171.206 (a) says, "This subchapter does notcreate or recognize a right to abortion before a fetal
heartbeat is detected." This is important as this provisionleads to total denial of a woman's right to abortion,
regardless of the period of gestation.
7.
Section 171.206 (b) protects the "woman onwhom an abortion is performed or induced or attempted
to be performed or induced in violation of thissubchapter" from "initiation of a cause of action or theprosecution." This is signi icant as the provision grants
immunity to the women against legal liability
8.
As per SectionA171.209(a) an illegal abortion istreated at par with a "wrongful death" as a "woman onwhom an abortion is performed or induced in violation ofthis subchapter may ile a civil action for wrongful deathunder Section 71.002, Civil Practice and Remedies Code."This re lects the legislature's value perception and theirresolve to treat the life of an "unborn child" at par with aliving person.
9.
The law authorizes action not only against theabortion providers, but also against a wide array ofentities including insurance companies defraying thecosts of an abortion, anyone else who helps abortion evenby indirect means such as referrals, transportation, or
any kind of logistical support.
10.
The law does not make exception even for the
pregnancies of minors or those resulting from rape orincest,11.
The law can only be enforced through private
lawsuits, without any intervention by the government.

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47

The U.S. Supreme Court's Order
1. Merits left undecided
Although the Court has made certain important
observations , the merits of the case have been left
undecided and the law remains prone to challenge in the
Court . The order contains following signi icant remarks:"neither it nor its executive employees possess theauthority to enforce the Texas law either directly or
indirectly"; "Finally, the sole private-citizen respondent
before us has iled an af idavit stating that he has nopresent intention to enforce the law."; " we do not purport
to resolve de initively any jurisdictional or substantive
claim in the applicants’ lawsuit" and "In particular, thisorder is not based on any conclusion about theconstitutionality of Texas’s law, and in no way limits otherprocedurally proper challenges to the Texas law, including
in Texas state courts." This means that the law has not
attained inality and is still subject to judicial review
2. Emphasis on procedural questions
Denying the interim relief, without examining the meritsof the case and relying on their earlier decisions, the Court
says, "To prevail in an application for a stay or an
injunction, an applicant must carry the burden of making
a “strong showing” that it is “likely to succeed on the
merits,” that it will be “irreparably injured absent a stay,”that the balance of the equities favors it, and that a stay isconsistent with the public interest." The Court also
acknowledges, " The applicants now before us have raised
serious questions r garding the constitutionality of the
Texas law at issue." But, despite these indings the Court
chose not to pass a judgment on the merits of the case anddenied the interim relief for lame reasons of "complex andnovel antecedent procedural questions”
3. Contrary to earlier decisions
The present decision is not only contrary to the landmark
and time-tested pronouncement in Roe v. Wade (6)) it isalso inconsistent with the 2013 decision relating toHouse Bill 2 (H. B. 2), enacted by Texas Legislature
imposing two distinct regulatory requirements on thedelivery of abortion services wherein the U.S. Supreme
Court ruled that that "Both the admitting-privileges andthe surgical-center requir ments place a substantial
obstacle in the path of women seeking a previability
abortion, constitute an undue burden on abortion access,and thus violate the Constitution" (7)4. Valuable dissenting opinions
The four dissenting judges were in favour of granting theprovisional relief The Courts order contains strong
componentof dissent as re lected in the following
observation:"In effect, the Texas Legislature has
deputized the State’s citizens as bounty hunters, offering
them cash prizes for civilly prosecuting their neighbors’
medical procedures"; "Taken together, the Act is abreathtaking act of de iance of the Constitution, of thisCourt’s precedents, and of the rights of women seeking
abortions throughout Texas"; "It cannot be the case that aState can evade federal judicial scrutiny by outsourcing
the enforcement of unconstitutional laws to its citizenry"and " Texas law prohibits abortions for the vast majority

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

of women who seek them in clear, and indeed undisputed,
con lict with Roe and Casey". They further observed, "The
Court’s order is stunning. Presented with an appl cation to
enjoin a lagrantly unconstitutional law eng neered toprohibit women from exercising their constit tionalrights and evade judicial scrutiny, a majority of Justices
have opted to bury their heads in the sand. Last night, theCourt silently acquiesced in a State’s enactment of a lawthat louts nearly 50 years of federal precedents. Today,
the Court belatedly explains that it declined to grant relief
because of procedural complexities of the State’s own
invention."
5. Passive pronouncement
The minority opinion sounds far more convincing andvalid than the
majority's inert opinion as theconstitutional guarantees, citizens rights, rule of law andjudicial diktats cannot be subordinated to procedural
considerations. However, as per the law, the majority
opinion prevails regardless of its merits. This has resulted
into a sterile pronouncement throwing the citizens on themercy of an ill-conceived legislation.

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Discussion
A candid discussion on abortion raises following
fundamental questions:i.
Is abortion a fundamental right of the pregnant
woman, emerging out of her right to autonomy and selfdeterminationii.
Does the unborn carry a fundament right to life
during his/her intrauterine existence? If yes, at what stageof intrauterine existence does that right begin?
iii.
In the event of con lict between the unborn andthe pregnant woman whose interest should prevail?
iv.
How does the abortion affect the state and thesociety in general?
The answers to the above questions are not straight.
They lie at the intersection of religious beliefs, cultural
sensitivities, socio-economic imperatives, politicalcompulsions, philosophical concepts and scienti ic
promise, amongst others. They vary from avant-garde to
deeply conservative. The legislative strategies onabortion therefore re lect heterogeneous approaches
ranging from absolute ban on abortion as in Chile and
Vatican City to making it available at the woman’s will as
in Cuba and China. In between, there is a wide spectrumof prohibitions and liberalizations. Judicial decisions
across the world including the Courts in the USA, Canada,
the UKand the European Court of Human Rights
unanimously af irm the woman’s right to autonomy,
privacy and bodily integrity. At the same time, thedecisions also re lect a recognition of the foetal right tosurvive.
In order to reconcile the above two competinginterests the Courts have relied upon the foetal viability
as the benchmark. As the foetus moves closer to viability
the woman’s right to abort starts getting diluted. There isa clear acknowledgment that woman’s autonomy does notinclude the right to sacri ice a viable foetus unless its
continuance causes immediate risk to the life of thewoman. As regards the state’s power to interfere with thewoman’s choice on the ground of “compelling stateinterest” the US Supreme Court has ruled that the term“compelling” has to be accorded a narrow expression
while intruding “into the matters so fundamentallyaffecting a person as the decision whether to bear orbeget a child”. (8) The U.S. Supreme Court in 1992, heldthat “a statute which, while furthering [a] valid stateinterest, has the effect of placing a substantial obstacle in
the path of a woman’s choice cannot be co sidered apermissible means of serving its legitimate ends” (9) In
1988, the Canadian Supreme Court held the country’s
federal abortion law as arbitrary and violative of Section 7of the Canadian Charter of Rights and Freedoms becauseof “arbitrary delays and disparities in access to abortion.”(10) In 2010, the European Court of Human Rights held
“ While Article 8 cannot be interpreted as conferring aright to abortion, the prohibition of abortion wheresought for reasons of health and/or well-being comewithin the scope of their right to respect for their private
lives and accordingly Article 8.” (11) In an earlier case
the Court held that denial of abortion and forcing thewoman to deliver the child resulting in to serious damage
to her eyesight constitutes violation of Article 8 of theEuropean Convention on Human Rights (12)As regards the urge to protect the fetal existence it isrooted in the concern for the sanctity of life. The questionis when does the life begin? This is a dif icult question. In
the 1973 US judgment Roe v Wade, (13) the opinion of thejustices included the following statement: "We need not
resolve the dif icult question of when life begins. When
those trained in the respective disciplines of medicine,philosophy, and theology are unable to arrive at any
consensus, the judiciary, at this point in the developmentof man's knowledge, is not in a position to speculate as tothe answer."
Biologically speaking, human embryo is not merely asurplus mass of cells. Embryo comprises complete humangenome and possesses potential to develop in to a humanbeing. Its status is intimately linked to the sanctity ofhuman life. That makes its position distinct. The pro-lifers
argue that “..... human life begins at fertilization when a
one cell zygote is formed by fusion of a sperm and ovum.
Thus, the zygote at the time of fertilization is not apotential human being; rather it is a human being withactive potential.” (14) While adjudicating the embryo’s
status, the Courts across the world
have adopted
heterogeneous approaches. At times, the judicial approachhas been profoundly pro-embryo. In 1996, the Supreme
Court of Tasmania, Australia, held that frozen embryo is
entitled to acquire inheritance rights. In so doing, Justice
Slicer deviated from the common law doctrine that a childen ventre sa mere is not a person unless it is delivered
alive. (15) In 1933, the Supreme Court of Canada, inMontreal Tramways Co v Léveillé held that “ a child, if
born alive and viable, should be allowed to maintain an
action in the courts for injuries wrongfully committed
upon its person while in the womb of its mother.’ (16)) In
Borowski v. Canada (Attorney General), Supreme Court of
Canada declined to decide whether the fetus had a right tolife under sections 7 and 15 of the Canadian Charter ofRights and Freedoms holding that in view of earlier

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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judicial decisions the questions concerning foetal rights
violations are moot. (17) In 1991, in R. v. Sullivan theSupreme Court of Canada held that a fetus is not a personin the context of the negligence law in the Criminal Codeof Canada. (18) In 1997, in Winnipeg Child and Family
Services (Northwest Area) v. G. (D.F, the Supreme Courtof Canada held that the “law of Canada does not recognize
the unborn child as a legal person possessing rights” (19)The Courts in UK have held in several cases that the
foetus has contingent legal interests but it has no rights
until live birth. (20) In Paton v Trustees of BPAS Baker P
observed, “The foetus cannot, in English law, in my view
have any right of its own at least until it is born and has aseparate existence from its mother. (21) However, despite
this locus classicus, there are many cases where the
British Courts have been very liberal while considering
the interests of the unborn. Lord Loreburn in Villar v
Gilbey, in 1907, held, "It is certain that a child en ventre sa
mere" (an unborn child) "is protected by the law, and may
even be a party to an action." (22) According to Justice
Macnaghten, in R v Bourne, "The law of this land has
always held human life to be sacred, and the protectionthat the law gives to human life extends also to the unborn
child in the womb." (23)In the House of Lords decision of Attorney-General’s
Reference [No 3 of 1994] the Court held, “The creation ofan embryo from which a foetus is developed requires thebringing together of genetic material from the father aswell as from the mother. The science of human
fertilisation and embryology has now been developed tothe point where the embryo may be created outside themother and then placed inside her as a live embryo. It
serves to remind us that an embryo is in reality a separateorganism from the mother from the moment of its
conception. This individuality is retained by it throughout
its development until it achieves an independent
existence on being born. So the foetus cannot be regarded
as an integral part of the mother in the sense indicated by
the Court of Appeal, notwithstanding its dependence upon
the mother for its survival until birth.” (24)The decision of the European Court of Human Rights,
on 27 August 2015, in Parrillo v. Italy, has reaf irmed thespecial status of human embryo. While dismissing theappeal of Adelina Parrillo, an Italian national who
wanted to donate her ive unimplanted embryos forscienti ic research, the Court upheld the validity of Section
13 of the Italian law No. 40/2004 of 19 February 2004
which prohibits research and experiments on humanembryos even for scienti ic purpose as the Italian legal
system considers human embryo as a subject of law
entitled to the respect. With regard to Article 1 of Protocol
No. 1 of the Convention which guarantees peacefulenjoyment of his/her possessions to every natural or
legal person the Court held that it did not apply to thepresent case since the human embryos cannot be reduced
to “possessions” within the meaning of Article (1) (25)At the fundamental level, controversy about abortion
emerges out of the con lict between two equallycompelling moral concepts namely the sanctity of foetal
life and the autonomy of pregnant woman. In addition tothis intrinsic maternal-foetal discord, other importantconcerns such as impairment of woman’s health and risk49

to her life, protection of woman from unwanted
consequences of sexual abuse, maternal minority,maternal mental disablement, birth of a malformed andunviable child, sex selection, eugenics, diversion of scarce
healthcare resources, population containment andshifting of focus from simpler contraceptive devices also
determine the course of legislative policies.
With fast advancing biotechnology new contexts andperspectives are emerging. Evolving therapeuticcapabilities have enhanced the possibilities of correctionof foetal aberrations and malformations, in the earlystages of gestation. Foetal viability i.e., when a fetus
attains suf icient maturity to survive in the neonatal
period, is a cardinal issue. Although, at present, there is
no worldwide and uniform gestational age that de ines
foatal viability, in the United States viability presently
occurs at approximately 24 weeks of gestational age (26)The decision to sacri ice a foetus is therefore a far more
dif icult decision today than it was in the earlier times.
Thus, it is clear that the restriction as well as
liberalization of abortion, both, are fraught withcomplications and the state as the custodian of people’s
rights and interests is a vital stakeholder. It is the state’s
responsibility to evolve equitable policies by reconcilingthe competing interests of various stakeholders. In
addition to national constitutions and charters
international pronouncements and treaties such as
International Covenant on Civil and Political Rights, theInternational Covenant on Economic, Social and Cultural
Rights, the Convention on the Elimination of All Forms ofDiscrimination against Women, the European Convention
on Human Rights, and the European Social Charter need
to be respected. The controversy regarding moral statusof foetus has attained new dimensions in view of advancesin reproductive medicine and foetal therapy enhancing
foetal viability, and growing possibilities of foetal
commodi ication. Similarly, the concerns for woman’sautonomy are getting greater
recognition owing toincreasing human rights consciousness and theirimportant role in the society. The state has to resolve thecon licts between pro-lifers and pro-choicers by balancing
interests of the pregnant woman and the foetus.
Theological, moral, legal and medical constructs have tobe objectively delineated in order to evolve candid andholistic ethico-legal paradigms compatible with foetal,
parental and societal interests.
Conclusion
1.
Abortion embraces in its fold cultural, religious,
social, political, economic, scienti ic, ethical and legal
issues. Multiplicity of stakeholders, with con licting
perspectives, contemplates delicate balancing of diverse
concerns.
2.
The Texas "Heartbeat Act" re lects a profoundvalue judgment about the sanctity of the intrauterine
human life. This is a widespread concern as is evident bya host of judicial pronouncements across the world
coupled with legislative developments, particularly in the
USA where several states have imposed restrictions on
abortion, including Alabama, Arkansas, Georgia, Kentucky,
Louisiana, Mississippi, Missouri and North Dakota.

50

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

3.
The Texas statute is uniquely distinct as it grants
human status to an "Unborn child" right from the point of
fertilization and treats "fetal cardiac activity" as therelevant point to determine the fetal viability. This
excludes access to abortion at a very early stage ofgestation, imposing near total ban on termination ofpregnancy. Not only that, in view of Sec.A171.206 (a)which says, "This subchapter does not create or recognize
a right to abortion before a fetal heartbeat is detected" theAct leads to total denial of a woman's right to abortion,
regardless of the period of gestation.
4.
The Act can only be enforced through private
lawsuits, not by the government. This is a uniqueprovision transferring state power in the hands of private
persons thereby
absolving the state from theresponsibility of implementing the law. This is notintelligible as once the state has chosen to enact a law
they should not be shy of implementing it. In fact, thisseems to be an attempt to circumvent the liability arisingout of violation of the U. S. Supreme Court's
pronouncement in Roe v. Wade ( 27) and subsequentdecisions.
5.
One may argue that the Texas abovesaid statue,viewed by the pro-choice protagonists as an infringementof the woman's right to autonomy, is founded in an equallyvital moral imperative i.e., the sanctity of the unborn's life.
The Act sends a clear message that freedom andresponsibility go together. Woman's freedom to conceive
carries an inherent responsibility to bear the child.
Barring few situations, pregnancy is the outcome of awilful and deliberate act and its termination solely toshun the responsibility of fostering the child is morally
incompatible. To that extent the roots of the law seem
intelligible. However, the non-recognition and exclusion of
extraordinary and compelling circumstances, beyond thecontrol of the woman,necessitating termination ofpregnancy makes the law unpalatable.
6
In a profoundly pro-woman stance, under Section
171.206 (b) which says "woman on whom an abortion is
performed or induced or attempted to be performed or
induced in violation of this subchapter" from "initiation ofa cause of action or the prosecution, the law grants legal
immunity to the woman undergoing the abortion.
7.
In view of the aforesaid judicial decisions it isclear that the Texas Heartbeat Act is contrary to the law
as laid down by world's apex judicial fora, including the
Courts in the U.S.A., Canada, the UK and the European
Court of Human Rights. However, the Act does seem to beconsistent with several judicial decisions of the higher
Courts across the world, including those in Australia,
Canada, the UK and the European Court of Human Rights.
8.
The U.S. Supreme Court's majority opinion
denying the injunctory relief without going into themerits of the case, in the garb of procedural safeguards, isa unique example of judicial misconception andarbitrariness leading to unsavory implications for many
abortion deserving women for whom the only option
seems to be to approach other states for relief, till the
Texas law is evaluated on merits by the U.S. Supreme
Court and declared to be unconstitutional.
References(1) Whole Woman’s Health Et Al. V. Austin Reeve Jackson, Judge,
Et Al. On Application for Injunctive Relief [September 1, 2021}
Supreme Court of The United States 594 U. S. ____ (2021)
h t t p s : / / w w w. s u p r e m e c o u r t . g o v / o p i n i o n s / 2 0 p d f /21a24_8759.pdf(2) https://capitol.texas.gov/tlodocs/87R/billtext/pdf/
HB01515I.PDF(3) McCammon, Sarah "What The Texas Abortion Ban Does —And What It Means For Other States". National Public Radio.
( S e p t e m b e r 1 , 2 0 2 1 ) . h t t p s : / / w w w. n p r. o r g /2021/09/01/1033202132/texas-abortion-ban-what-happensnext(4) Sonam Joshi. "Indian-origin doc helped 67 women getabortions before Texas ban kicked in". Times of India New
Delhi dated September 28, 2021
(5) Roe v. Wade, 410 U. S. 113 (1973)(6) Ibid 5(7) Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016),
decided on June 27, 2016 pp. 19–39. https://w w w. s u p r e m e c o u r t . g o v / o p i n i o n s / 1 5 p d f /15-274_new_e18f.pdf(8) Carey v. Population Services International, 431 U.S. 678(1977). Pp. 684-686(9) Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S.
833 (1992), at 877(10)
R. v. Morgentaler [1988] 1 S.C.R.
https://scccsc.lexum.com/scc-csc/scc-csc/en/item/288/index.do(11) ECHR Judgment A, B, C, vs Ireland (2010) (By 11to 6
judgment)(12) The European Court of Human Rights Tysiąc v. Poland,
20-03-2007 (application no. 5410/03)(13) Ibid 5(14) Is the embryo a human person? Kevin D. O’Rourke, O.P.
Neiswanger Institute of Bioethics and Public Policy Stritch
School of Medicine Loyola University, Chicago, Il.Is the Human
Embryo a Person? [Available at
http://opcentral.org/
resources/wp-content/uploads/2012/09/Embryo-asPerson.pdf](15) In re the Estate of the Late K (1996) 5 Tas. R. 365(16) (1933) 4 DLR 337 (SCC)(17) Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342(18) R. v. Sullivan [1991] 1 S.C.R. 489(19) Winnipeg Child and Family Services (Northwest Area) v. G.
(D.F.), [1997] 3 S.C.R. 925(20) Attorney-General (Qld) (Ex rel Kerr) v T (1986) 46 ALR
275, 277(21) [1978] 2 All ER 987, 989(22) In Villar v Gilbey (1907) AC 139 at 144(23) (33) R v Bourne (1938) 3 All ER 615 (UK)(24) Attorney-General’s Reference [No 3 of 1994] (1998) AC 245(25)
European Court of Human Rights, Parrillo v. Italy,
Application No. 46470/11 , Judgment dated 27-08-15[ A v a i l a b l e a t h t t p : / / h u d o c . e c h r. c o e . i n t /eng#{%22documentcollectionid2%22:[%22GRANDCHAMBER%22,%22CHAMBER%22],%22itemid%22:[%22001-157263%22](26)
G H Breborowicz. Limits of fetal viability and its
enhancement. Early Pregnancy 2001 Jan;5(1):49-50. ttps://
pubmed.ncbi.nlm.nih.gov/11753511/(27) Ibid 5

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

Unrevealed political facts of the
Hwang scandal- Joonmo Park
Department of Veterinary Physiology, Seoul National
University, Seoul, Republic of Korea
Email: joonmopark@snu.ac.kr
Abstract
This study examines documents related to the Hwang
scandal only known to a few people. In 2004, a research
paper by Dr. Hwang in South Korea was published in thejournal Science. The report indicated that Hwang’s team
had obtained human embryonic stem cells from ova andsomatic cells. In 2005, Hwang’s team claimed that it had
developed a method for patient-speci ic embryonic stem
cells. However, an anonymous informant claimed that his
research was fake and he violated medical ethics. The
media investigated his research, and the papers wereretracted in 2006. Despite the editor’s testimony,
Newcastle University’s re-veri ication, and the Supreme
Court’s decision, Hwang was still considered a fraud by
the non-expert mass media. He was not the only one
responsible for the scandal, and the Science editorial teamstated that the fabrication did not signi icantly affect the
primary point of the research. Nevertheless, the paper
was still retracted by the authors. Notably, the South
Korean Supreme Court also acquitted Hwang of fraud, andthe Seoul National University Investigation Committee,
which was mainly comprised of non-experts, hadmisrepresented their conclusion. This misrepresentation
led to the unfair dismissal of Hwang. The Korean media
also partially blocked information about the scandal. As aresult, the Seoul National University College of Medicine
inherited inancial support for the College of Veterinary
Medicine. President Roh prevented the prosecution frominvestigating his slush fund, and the Samsung Group andthe prosecution hushed up its misconduct. This study
seeks to shed more light on the case and contribute tonurturing more responsible researchers.
Keywords: stem cell research; misconduct; medical
ethics; journalism; political corruption

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Introduction
This study explores the suspicious circumstances
surrounding Woo Suk Hwang’s research paper
manipulation incident in 2005. The Hwang scandal is abiomedical research manipulation case that was triggeredby suspicion over the source of human ova that Hwang
used in his 2004 study published in Science. In 2004,
Hwang established human embryos and embryonic stem
cells by using a somatic cell nuclear transfer method. In
2005, he collaborated with worldwide research teams andderived patient-speci ic stem cells. A biomedical research
ethics concern was raised by an anonymous informant,
which resulted in a controversy about Hwang’s research.
Questions revolving intellectual property, rights andjournalism ethics were also raised. The concerns raised
became even more complex because of a range of con lictsof interest in political and economic forces. Although thescandal was initiated through a concern over medical

51

ethics, it gradually expanded to include the issue of theauthenticity of the research. The prosecution accused
Hwang of violating bioethics laws that were actually nonexistent at the time. In 2014, when the incident had
already been forgotten, the Seoul National University
expelled Hwang and the court remanded him. During thistime, the government had still not approved his research.
The violation of journalism ethics and distortion, which
had been identi ied as the main issues in his research, hadalso been forgotten.
Hwang’s case is important because it draws attention
from all circles and affects academic, economic, andpolitical masses. Many studies have been conducted on
this scandal, but they have mostly impugned the researchor focused on the aftermath (e.g., East Asian Science,
Technology and Society volume 12 issue 2). Apart from the
few studies that have supported Hwang’s research such as
Science’s editorial team report and the Newcastle
University’s report, all the other existing studies have
unilaterally castigated Hwang and even sometimes
stigmatized him. However, this study takes a different
approach. It explores the arguments of Hwang’s
supporters and attempts to unravel the reasons behind
their decisions. The current study aims to present analternative perspective about the Hwang scandal. To
achieve this, no research papers related to the subject arecited within this study; instead, I wrote an entirely new
study by mainly citing news articles that covered thescandal at the time.
This section provides the background information thatthe readers needs to know to understand this article.
First, the relationship between the College of Medicine
and the College of Veterinary Medicine, Seoul National
University, will be discussed. For decades, the College ofMedicine of Seoul National University (SNUCM) has only
been admitting the highest-level elites of the Republic ofKorea. It also symbolizes the vested interest andconservative forces in biomedical research ields. On theother hand, the College of Veterinary Medicine (SNUCV) is
not as well established as the College of Medicine. Hwang
was a professor in the College of Veterinary Medicine, andhe was mostly criticized by the College of Medicine (Sin,2006) Notably, after the Hwang scandal, the SNUCM took
control of the research and support for Hwang and SNUCV(Sin, 2006; YTN, 2006a). 1
Second, the role of the Samsung Group in the scandal
will be explored. According to the 2015 Brand Financeanalysis, Samsung is considered the world’s secondlargest brand (Brand Finance, 2015). At the same time,the 2012 Nominierte Firmen Public Eye Awards cited
Samsung as a company that tolerated tax evasion andenvironmental pollution while threatening workers andconsumers because it is only focused on making corporate
pro its and nurturing cozy relations between politics andbusiness that further enable labor repression and subdue
public opinion (Public eye, 2012). Most of the advertising
revenue of media in Korea such as MBC and Naver—thelargest web portal in Korea, a subsidiary of Samsung—comes from Samsung. This, therefore, implies that
Samsung has the capacity to in luence the media. For
instance, 75% of news writers experienced their articles
about Samsung were unexpectedly modi ied or deleted

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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(VOP, 2005a; 2005b). It is also worth noting that a few
years before the Hwang scandal, Samsung started
investing in biotechnology. (Joongang Ilbo, 2002).
Samsung requested the government to allow it to invest in
biotechnology when the Hwang scandal had just started(Hong, 2005a).
The Samsung Group has Bokwang Venture Capital as aholding company. Ra Hui Hong, who is the wife of KunHee Lee, is thechairman of Samsung, and her family had a
61.81% stake in Bokwang Venture Capital. Bokwang
Venture Capital sold a stake to MEDIPOST, and it made apro it of 1160% (Lee, 2005a).
Hwang's research team was considered as an obstacle
to conservatives in both the academic and political scenes.
Their growth was unwelcomed because of the vested
interests in the Republic of Korea. As Hwang received
worldwide attention, the SNUCM lost support. Samsung
wanted to own Hwang’s research by ostracizing him.
From the foregoing, it can be presumed that the Republicof Korea’s political forces were also involved in the
scandal.
Finally, this study will examine the role division ofstem cell research. In the research, Hwang’s team,
together with SNUCV undertook embryonic stem cells
cloning, and it collaborated with MizMedi Hospital and
MEDIPOST Co. to conduct adult stem cell culturing.
Controversies, such as cell contamination, mix-planting,cell switching, and even the source of the eggs—which iswhat triggered the scandal—happened during culturing
process. The main investor in the two companies incharge of culturing was the US National Institutes of
Health (Min, 2002; Lee, 2002).
The controversy surrounding Hwang’s research was
triggered by various factors. Below are facts about the
beginning of exchanges and the background of thecollaborative research as revealed in the 5th trial on
September 28, 2006 (Chondogyo Wolbo).
Shin Yong Moon, the corresponding author of theresearch in 2004 was a professor at SNUCM.
Sung Il Roh, the chairman of MizMedi Hospital, wasresponsible for culturing the adult stem cells in Hwang’s
team. He also had a signi icant stake in the research. He is
the only son of the director of Samsung Cheil Hospital.
The source of eggs, which was the starting point of thescandal as well as research ethics issues was the
responsibility of the MizMedi Hospital. The cells also got
mixed with others in the hospital. The MizMedi Hospitaland Bokwang Venture Capital founded a company,
MEDIPOST Co. The largest shareholder of the company
was still the Samsung family. In particular, Yang, the CEOof the MEDIPOST Co., is a professional doctor at theSamsung Seoul Hospital, and he completed all his degrees
from SNUCM. It is therefore clear that both the Samsung
Group and SNUCM were involved in the scandal. It was
one of SNUCM’s cell that the MBC and SNU investigationcommissions identi ied as Hwang’s (Go, 2006).
Roh has established a strong partnership with
MEDIPOST and affected them in abnormal ways (Jeong,2006a). Hwang declined Roh's proposal for the Pangyo
Project, and he assumed that it had an underlying ill
motive (Chosun Ilbo). The Pangyo Project provides crucial
evidence that shows not only the relationship between

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MizMedi, MEDIPOST, and Samsung but also Roh's criminal
motive. The Samsung Cheil Hospital originated from the
Cheil Hospital, and the founder of Cheil Hospitals, DongHee Lee is a cousin to Kun-Hee Lee, who is the chairmanof the Samsung Group. Cheil Hospital was incorporated
into Samsung Medical Center in 1996 and became
independent from Samsung in November 2005 (Kim,
2005a). When the public broadcasting station of Korea,
MBC—the government had a 70% stake at the time—interrogated Hwang about the source of ova, it was
MizMedi Hospital’s responsibility, and that Hwang was
only a well-known participant in the entire team.
There was a lawyer whose name is Matthew Park
(Korea daily; Korea portal). He had noticed Schatten’spatent theft and informed Hyeongryeol Mun about it. Mun
was then a product director at KBS (Korean publicbroadcasting), and when he received the information, hereported Schatten's plagiarism and technical know-how
drain through Park’s interview on Chujeog 60 Bun. That
episode was banned from KBS, but Mun opted to share thevideo by uploading it on the Internet. As a result, he wasired by KBS. After Park revealed Schatten’s patent theftand cooperated with Mun to record a video over theincident, he was involved in a traf ic accident and died
under suspicious circumstances at a hospital (Jeong,2006b; Wikipedia) Naver then completely blocked any
search for information about him. Currently, there are nosearch results for “마태오박” on Naver.
In 2014, Samsung distributed a movie titled “TheWhistleblower” through a subsidiary, MegaBox. The
contents of the movie are about a professor who
researches on stem cells and manipulates the results, thus
violating all kinds of research ethics. A veracious
postgraduate student then reports him. MegaBox claims
that the movie is a work of iction. However, thebackground and the characters in the ilm seem tosymbolize the relevant characters and organizations in
the Hwang 2004 research such as MBC, Woo Suk Hwang,
Young-Joon Ryu, and most of the media and the public
understood like that.
Introductory remarks: Some of the references arelinked to other literature; however, they are cited because
most of the data have been effaced or denied. This study
also tries to cite the original literature, but someaddresses might not be accessible.
Suspicions
In addition to the questions raised in the introduction,
there was also suspicion about the National Intelligence
Service’s (NIS) involvement in the scandal. Although there
is no noticeable search for “Hwang, NIS” on Naver, on
Daum—the second in luential portal site in Korea—, there
are many articles on the topic; for example, “Therelationship between Hwang, Yun, NIS, YTN must be
identi ied”, “Did NIS get involved in covering Hwang’s YTN
news?”, and “NIS gathered information from the beginningof the Hwang scandal.” Therefore, it is dif icult to ignore
suspicions that the NIS played a role in manipulating theNaver search engine results.
The suspicions are raised below.

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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1. Suspicion that someone associated with the Hwang
scandal, including Schatten and Moon, infringed on
Hwang's patent right
In 2003, Schatten indicated that primate cloning is
impossible (Simerly, 2003). However, Hwang succeeded incloning the pluripotent human embryonic stem cell line in2004 (Hwang, 2004). Schatten, who was never interested
in Hwang’s team, visited his lab and even paid travel
expenses for himself (Roh, 2007). He wanted tocollaborate with Hwang and even asked him to send his
researchers to his team (Kim, 2004a). Later, Schatten
revised his existing patent considerably by rehashing
Hwang’s research and techniques (Ebert, 2006). After
that, he announced his breakup with Hwang’s teambecause of the ethical issues that surrounded the sourceof the eggs for the research (Weiss, 2005a). In 2005,
Schatten claimed in an interview that he had succeeded incloning primates using the methods derived from Korea(Roh, 2007). However, the University of Pittsburgh also
believed that Schatten had plagiarized Hwang’s patent(University of Pittsburgh, 2006)
On February 21, 2004, Shin Yong Moon made a patentapplication for Hwang’s technology under the name Korea
Research Institute of Bioscience & Biotechnology (KRIBB).
and his medical foundation—Application number:
1020040011705, Application: Production method of
human neural progenitor cell line from human embryonicstem cells. Although the contents are about Hwang 2004,
Hwang is not in the list of inventors.
2. Suspicion about the source of the eggs for the research
MBC PD Sucheop reported that Hwang bludgeoned one ofhis students to donate her eggs by intimidating her that
he would remove her from the authors’ list (Han, 2006).
Researcher Park spilled the experimental eggs during theexperiment in March 2003 and decided to provide her
eggs instead (Hyeon, 2005). According to PD Sucheop,
Park received medical treatment for the extraction of eggs
by Roh from February 7th to March 10th, which is theperiod when she damaged the eggs. Considering that it
takes about a month to extract an egg, it seems that they
premeditated to sabotage them on March judging fromthe medical record since February 7. The inal report
written by the SNU Investigation Committee also
described the suspicion—that the researcher tenderedeggs due to coercion of Hwang—as a “factless rumor,”
although their aim was to pressure Hwang (Seoul National
University Investigation Committee, 2006). Moreover, theprosecution investigation report indicated that
researchers had announced their intention to donate, andthere was no coercion by Hwang (Seoul Central District
Public Prosecutor’s Of ice, 2006). Nevertheless, Roh was
responsible for supply of the experimental eggs; this was
not Hwang’s responsibility (The Korea Times, 2005).
3. Suspicion about bioethics law
According to the Act on Bioethics and Safety, which cameto force on January 1, 2005, since human cells arenecessary for stem cell research, Hwang needed to getapproval from the Minister of Health and Welfare after
consulting with the National Bioethics Committee.
Although Hwang applied for approval for research after
acquiring the necessary facilities and personnel, thegovernment rejected the application on ethical grounds.

53

Since Korean law follows the personal law principle, evenif Hwang possess an inventory, it cannot be reproduced orauthenticated until he denounces his Korean nationality.
The government also pointed out the ethical issue ofthe “egg donation process.” Although Hwang’s teamacquired the experimental eggs through egg donation, as
advised by the National Bioethics Committee, the court
still held that “egg donation” is not provided for as a legal
process in the Act on Bioethics and Safety. Therefore, inthe court’s view, the egg donation process was illegal
because there is no reference to egg donation in the law.
4. Deifying Hwang and pretending as if he was
grandstanded
At the time, Hwang was considered as the cynosure of alleyes, and talking about him guaranteed news writers ahigh number of hits. Many media houses lionized him
excessively, and some even dei ied him (Jeong, 2005).
Some critics and politicians even alleged that Hwang had
said that he would “make cripples walk soon (Choi, 2006;
Jin, 2006; Choe, 2005)” However, a doctor who was there
testi ied that Hwang did not say that (Kim, 2004b).
According to Trust the news only in half, p.64–68, not only
did always tell people that “I cannot make cripples walkright now,” but he also stated that there was no context forpseudo-religion as media put it, and this was only meant
as a consolation for a kid who was accompanied by his
parents (Roh, 2007).
When suspicion on the source of the research eggs
began, a female professor who is a co-author of Hwang’s
paper said that “I’m willing to donate several times. WhenI leave the lab, I'll donate them.” on a telephone interview.
However, the contents of this statement were published inmagazines and distorted to suggest a doubtful trade.
Despite her contradiction, the journalists demanded that
Hwang reveals the donor of his experiment eggs if he wasinnocent. However, he did not respond to this demandbecause in medical practice, it is unethical to reveal thepatient's identity (Kim, 2004b).
When Myung-Hee Chung, Chairman of SNU
Investigation Committee, announced that “the technology
is no longer unique,” reporters promptly reported it
without conducting any due diligence to verify the
information. After publishing and reporting this, thereporters and journalists avoided responsibility, sayingthat “[they were] also deceived by Hwang.” Soon, thepublic and mass media started referring to Hwang’s fansand supporters as Hwang-ppa—Hwang’s enthusiastic
zealots (Kim, 2009).
5. PD Sucheop and MBC informant
An anonymous informant who did not take part in the2005 research reported Hwang’s paper manipulation to
MBC without any evidence, and PD Sucheop started
surmising. Three months later, the informant got the DNAveri ication result and handed it over to PD Sucheop. Thiswas comparative data from MIZ-1 to MIZ-15, which noone but Sun Jong Kim alone could get. Furthermore, themanipulation had been occasioned by Kim, but Hwang
was not aware.
MBC PD Sucheop then resolved to cover up Roh’s roleand instead sell it as Hwang’s while also covering theteam’s ethical violations. This marked the beginning of thewhole scandal. MBC also reported that Hwang’s team did

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not deposit any stem cell while applying for the patent,
thus discrediting the cell bank personnel’s explanationthat Hwang had already deposited NT-1 cell in 2004, andtherefore, he had no obligation to do that. They also tried
to portray Kim, a prominent suspect, as a righteous
informant.
They met and conciliated Kim and also acquired aphotographic manipulation testimony. Four years later,
the court convicted Kim of the crime of manipulating
Hwang’s research. The prosecution concluded that Kim
was the sole criminal and Hwang was acquitted, but PD
Sucheop shirked responsibility.
After PD Sucheop's report in 2005, Dr. Donald Kennedy,
the chief editor of Science said “None of these allegations[by MBC] have been credible. Until a speci ic, scienti ically
based claim against Dr. Hwang’s indings is reported to us,
we will not offer speculations.” in response to MBC’s
questions (AAAS, 2006). He also said that “It is ourunderstanding that the correction of the table does not
signi icantly alter the paper’s primary conclusion thatpatient-speci ic embryonic stem cells were derived fromhuman SCNT-blastocysts.” (AAAS, 2006).
6. Suspicion about the announcement of the Seoul National
University Investigation Committee
On January 10, 2006, the SNU Investigation Committee
evaluated Hwang’s blastocyst forming technique todetermine whether it would be able to secure intellectual
property rights (Seoul National University Investigation
Committee, 2006; YTN, 2006b). On the same day, at apress conference, Myung-Hee Chung announced that
Hwang’s technology is no longer unique (Kim, 2006a). An
argument ensued between Newcastle University and the
SNU Investigation Committee about this. It was argued
that Chung deliberately made the announcement without
taking into consideration empirical experiments and theindings of other researchers (Puccazoa, 2008). He also
attempted to misrepresent Newcastle University’s reportdespite the fact that its authors had indicated that Hwang
played a signi icant role in their research and contributed
to the success of the Newcastle team (Joongang Ilbo,
2005; Choi, 2006b). Moreover, Chung acknowledged thateven he does not understand what he announced that day
in an interview with PD Mun of Chujeog 60 Bun, KBS(Choi, 2006c; Caaleaf, 2015). In addition, according to thefacts revealed by court investigations, there was no one
who had experience observing human eggs or experts inembryonic cells in the SNU Investigation Committee(Mun). When people lost interest in the Hwang scandal,
some of those involved in discrediting Hwang’s
technology blatantly confessed that “[they were] justkilling Hwang only.”(Cho, 2007).
7. The controversy of cell substitution
7.1. Investigation on Woo Suk Hwang
At the beginning of the Hwang scandal, the publicdemanded that Hwang opens the stem cell invention to
the public and prove his innocence if his research was
genuine. Hwang claimed that he made stem cells, butsomeone replaced them with different ones andcommissioned the prosecution to investigate Sun Jong
Kim (Cho, 2007). Soon, the prosecution announced that
Kim mix-planted the MizMedi Hospital’s embryonic stem
cell to the internal cell mass of Hwang's laboratory (Lim,

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2007). The prosecution also announced that Kim directed
MizMedi’s researchers to fabricate or discard the cellfreezing and defrosting history books that showed thestate of export of the embryonic cells at the time (Seoul
Central District Public Prosecutor’s Of ice, 2006). The
prosecution investigated Kim and Hwang using apolygraph, and concluded that Kim mix-planted cells
dogmatically and Hwang did not recognize it (Seoul
Central District Public Prosecutor’s Of ice, 2006). Whenthe prosecution concluded that the stem cells were mixplanted, the press reported that it was not “replacing” as
Hwang had claimed, but it was “mix-planting.” The public
interpreted this statement to mean that Hwang was
wrong, and therefore, he had committed fraud.
7.2. Investigation on Sun Jong Kim
It was revealed that Kim replaced Hwang’s stem cells(Seoul Central District Public Prosecutor’s Of ice, 2006;
Ha, 2005). Kim had been silent before the revelation, but
after that, he began responding to the concerns that wereraised (Son, 2006). Although it was a crucial moment formedia houses to intervene and verify the allegations, they
instead opted to publish and report information thatneutralized Hwang’s claim by subjective interpretationand speculation (Donga Ilbo, 2006; Lee, 2006).
Meanwhile, the prosecution con iscated Kim’s, which
had been damaged and was under repair. It also shiftedfocus to Kim and MizMedi’s data collection, wondering
why the SNU Investigation Committee did not investigate
Kim's research records. On the contrary, the reporters
focused on blurred rumors about Hwang’s team, whichwere not clear facts on Kim’s culpability (Kang, 2006)53
The media wrote speculative articles that seemed to
imply that Hwang had manipulated the data. They usedambiguous expressions, such as “seemed to be, known as,
and suspicious” without basis, and even attempted to
distort the prosecution’s conclusion.
7.3. Seoul High Court’s judgment
Sun Jong Kim concealed the crime by manufacturing fakestem cells and fabricating DNA results. Consequently, theSeoul High Court ruled that Kim was guilty of businessobstruction, and he did not protest this verdict. Kim
accused Hwang of embezzling research funds, but the
court dismissed these allegations for lack of evidence.
(Seoul High Court, 2010).
8. Sung Il Roh’s press conference(TVpot)
At 15 minutes and 40 seconds of the video, Roh blurtedthat he made a personal decision to keep the researchmaterials with him. At 21 minutes and 46 seconds of thevideo, Roh confessed that he had a grudge because he hadrequested Hwang to prepare for him a cell but he did not.
At 22 minutes and 13 seconds of the video, he mentioned
the newest electron microscope that was in Daejeon. At 29
minutes and 8 seconds of the video, he ended the press
conference in a hurry as soon as someone handed him aphone and said “There is a call from Prof. Moon. He hasrequested you put the press conference on hold and callhim.”
At 15 minutes and 40 seconds of the video, he
admitted his crime. At 21 minutes and 46 seconds of thevideo, he announced his criminal motive. It was KRIBB
where he mentioned at 22 minutes and 13 seconds of thevideo. Roh was KRIBB Cellular Application Research

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Group Director. There were his juniors and puppets, who
included Dr. Gyeong Gwang Lee (the Director of KRIBB
Cellular Application Research Group, the Director Generalfor Research Policy), Dr. Yong Man Han (a member of
KRIBB Cellular Application Research Group, and theSection Chief), Dr. Hyo Jeong Hong (a member of KRIBB
Cellular Application Research Group, A Responsible
Researcher). It was also KRIBB where Hwang sufferedfrom frequent mysterious ires.
The call that Roh received in the middle of the press
conference seemed to suggest that there was an urgent
situation, and Moon thought that Roh had made a mistake.
The call may also suggest that Roh and Moon werecolluding.
9. The contradiction of Sung Il Roh's interview andinconsistent attitude toward Sun Jong Kim
At an interview with PD Sucheop broadcasted on
December 15, 2005, Roh said that he had never seen stem
cells. However, in 2007, during the 15th trial of the Seoul
District Court 417 on August 28, he said that “I have seenstem cells with a guy who came from the UK and whosename is Ian Wilmut.”
About Kim, he said at the press conference that heencouraged and embraced Kim and told him “I’ll be yourbrother, so don't worry.”(TVpot). However, after the SNU
Investigation Committee found MizMedi’s stem cells in
Hwang’s cells, he aloo ly said “I don’t know that guy [SunJong Kim].”(Kim, 2006b).
10. Connecting link of all suspicions and the relationshipbetween the persons involved in the affair
On August 28, 2007, at the 15th trial of the Seoul District
Court 417, a record on a currency conversation was
opened to the public as evidence proving a scheme
between Kim and Roh.
In the conversation that was recorded on December
17, 2006, Kim is heard saying to Jeongbok Lee, aresearcher at MizMedi, “help me if Hwang, the son of abitch, evades.”In a conversation that was recorded on December 18,
2006, Roh is heard saying to Kim, “let's conclude it at onceat the SNU investigation. You do not have to waste yourtime. Hang in there; we can topple him even though weare disadvantageous in number.”
In another conversation recorded on December 20,
2006, Roh is heard telling Kim, “Sun Jong, you better notcontact Hwang.”
In a conversation recorded on December 22, 2006,
Yun’s is heard telling Kim, “The SNU Investigation
Committee is trying to kill Hwang. They are not aiming atyou, and they will not ask you about the paper
manipulation.”
The following is written based on the content
referenced by Bok Jae Lee’s article, but I cited theredistributions and vestiges because the original text wasdeleted (Lee). Shin Yong Moon and Sung Il Roh are 62th
and 67th alumni of Kyunggi High School respectively. The
SNU Investigation Committee consisted of people who
were hostile toward Hwang, and all of them were Moon’s
junior colleagues or subordinate staff. Reporter Lee
presented other suspicions and evidence other than thosementioned in the article. After uploading the article, he
was banned from accessing the prosecutors’ of ice (Lee).

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A thief got his house, and unof icial materials that he had
kept at home were also stolen, but surprisingly, no cash or
valuable items were stolen (Hateuman, 2006; Minchori).
11. The suspicion that the President Moo Hyun Roh was
engaged in the scandal(Shehan, 2017)
In 2015, Hwang said, “When I was under investigation by
the prosecution, Cheong Wa Dae—the Korean government—secretary told me that the president has a desire thatthe prosecution would not investigate his money.” As if
proving that, the prosecution protracted the investigationon the issue of embezzlement as it became clear that
Hwang did not direct or connive paper manipulation.
Hong and Lee’s party, who led the prosecution at thattime, again led the investigation of president Roh’s slush
funds. The investigation was concluded just after thedemise of Roh.
12. The suspicion that NIS and YTN interfered with thescandal
It was revealed that Sun Jong Kim received suspicious
money when Dr. Ahn, Dr. Yun, and YTN visited the US, andthe Seoul Central District Prosecutor’s Detective Division
2 banned Kim from traveling (Roh, 2016). It was also
revealed that it was the NIS who delivered money to them.
Before then, Dr. Ahn had claimed that Hwang bought themoff with money, but on this day, she realized that it wasnot Hwang but the NIS who gave them money (Son, 2005;
Sample, 2005).
13. Collection of information indirectly related to parties
and affairs
In 2005, there was a huge scandal that came to be known
as the Samsung X ile scandal, and it signi icantly affected
the Korean political and inancial world, includingpresident Roh, Samsung, and the prosecution. The
Samsung X ile scandal began in July 2005 when Sangho
Lee, a MBC reporter, reported wiretap records of the
Agency for National Security Planning (the current NIH).
The X ile contained sound recordings that brought tolight the relationship between Samsung, the prosecution,
the government, and the media. Although an independent
counsel team was set up to investigate the X iles, it isclear that there are underhanded misconducts between
the political and inancial worlds—Moo Hyun Roh, theprosecution, and Samsung. This is further corroborated by
the fact that the prosecution refused to disclose thecontent of more than 280 iles and nobody was arrested
despite fact that names and speci ic actions of corrupt
prosecutors were disclosed in the recordings (Kim,
2005b).
On June 8, 2005, Lee’s article was published, and thesurreptitious connection was revealed. On July 4, 2005,
Moo Hyun Roh suddenly proposed a grand coalition to theGrand National Party, which was the leading opposition.
On 22 July of the same year, the X ile was released, anddetails of the corrupt relationship between political andbusiness circles were revealed.
Not only high-ranking of icials of the prosecution but
also his advocator were accused of bribery. Roh sought toextricate them, and glossed it over. The prosecution
investigated their suspicions themselves. Afterward, the X
ile special law and the independent counsel team wereabolished and public attention was diverted to the Hwang
scandal (Jang, 2013).

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The ruling was read on February 16, 2013. By thistime, the public had already forgotten about the X ile. The
Supreme Court ruled that:
Yeonkwang Kim, chief editor of the Monthly Chosun,
who reported the X ile was sentenced to 6 months
imprisonment, disquali ication for a year, and asuspended sentence; Sangho Lee, a MBC reporter who
reported the X ile, was sentenced to 6 months
imprisonment, disquali ication for a year, and asuspended sentence; and Hoechan Roh, a congressman
who disclosed the X ile partly, was sentenced to 4 months
imprisonment, and reprieve for a year
Hak-Su Lee, vice chairman of Samsung Group, SeokHyun Hong, chairman of Joongang Ilbo, and all theprosecutors who were associated with the scandal were
not indicted.
14. Key events organized according to the timelines(Roh,2016)
The usual stem cell research order is stem cell formation,
experiments on animals, experiments on primates, andinally clinical trials on humans.
After a 2004 publication highlighted Hwang’s research,he attempted to treat a handicapped dog whose spinal
nerves were broken, and the lower half was paralyzed
using his stem cell.
By April 2005, the dog had recovered to such an extent
that it was no different from normal dog (Hong, 2005).
KRIBB secured a national primate research center for
Hwang’s research (Jeon, 2004).
One day, Hwang asked Yun—the president of Samsung
Electronics—to help him get some monkeys for research.
Yun traveled to Africa himself and brought 99 baboons(Seoprose Daum).
The primate experiment that was scheduled for May toJune was not completed until August because themonkeys were killed in KRIBB (Gu, 2005).
The accident took place on April 20, but KRIBB did notknow that even though they were capable to be aware of it
beforehand (Gu, 2005).
Although the monkeys died due neglence, Yun wascavlier. Besides, he never approached Hwang again.
KRIBB avoided explaining why they could not preventthe death of the monkeys despite the fact that the facility
was equipped with multiple defenses to prevent power
outage (Gu, 2005).
In October 2005, PD Sucheop reported the ethical issueof the source of eggs for research.
On December 11, Hwang succeeded in experimenting
with primates (Hwang, 2005).
On December 15, Roh made a press conference.
However, Hwang did not get to authenticate his
research because his records were lost due to amysterious ire at KRIBB (Lee, 2005b).
15. Core events organized by correlation
15.1. Bioethical law
On December 28, 2004, a person in charge of culturing in
MizMedi took out four stem cells secretly, including an
American diabetic patient’s cell.
On January 1, 2005, the Korean government enacted
the “Bioethics Act” to limit the supply of eggs. The law
required any researcher who carried out research on eggs
to follow advice from the National Bioethics Committee

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and seek approval from the Minister of Health andWelfare under the government.
On May 12, 2006, the Seoul District Prosecutor
prosecuted Hwang for fraud, embezzlement, and violationof the Bioethics Act.
In September 2007, Hwang’s team was registered as
an embryo cloning research institute under the Korean
government with the relevant facilities and personnel.
In December 2007, Hwang implored the Korean
government to approve research using human eggs.
In April 2008, the Ministry of Health, Welfare, andFamily Affairs held off research approval.
On July 3, 2008, BBC reported that the egg donation
system was rated as successful bioethics policy in the UK.
On August 1, 2008, the Ministry of Health, Welfare, andFamily Affairs rejected the approval of Hwang’s stem cellresearch due to bioethics violation.
On March 9, 2009, the US federal government
deregulated restrictions on embryonic stem cell research.
On June 24 2015, the Supreme Court acquitted Hwang
of violation of the bioethics law.
15.2. Relationship between Sung Il Roh and Sun Jong Kim,
stem cell exchange, and the involvement of SNU
On December 16 2005, Hwang expressed his suspicion
about stem cell replacing during the incubation phasethrough a press conference. Roh criticized Hwang over thepress conference and alleged that he was attempting toshift his responsibility to Kim. Roh wept and said to Kim,
“I will be your brother.”On December 18 2005, Roh called Kim and said “Let's
conclude it at once at the SNU investigation.”
In December 2005, Kim directed MizMedi researchers
to destroy evidence.
On December 19, 2005, the SNU Investigation
Committee started an investigation. Hwang’s Lab wasclosed and the cells were sealed.
On December 22 2005, Prof. Hyun-Soo Yun called Kim
and said “The SNU Investigation Committee is trying tokill Hwang. Kim, directed MizMedi researchers to falsely
testify that they had seen Hwang's instruction for
manipulation.
On December 23, 2005, the SNU Investigation
Committee con irmed the manipulation in Hwang 2005
through an interim announcement. Ho-wan Jang,
chairman of professors at SNU, recommended that Hwang
be expelled.
On December 28, 2005, SNU alumni strongly criticized
the SNU Investigation Committee’s decision to close
Hwang’s laboratory on the SNU alumni bulletin board.
On December 29, 2005, the SNU Investigation
Committee made a second announcement that there is noreal stem cell, and therefore, the suspicion for
replacement is not a subject to investigate.
On January 10, 2006, Myung-Hee Chung announced
that “The source technology is no longer unique, and it islikely that NT-1 was also a coincidentally created
reproductive stem cell.”
On January 12, 2006, Hwang sought an opportunity toreact, and through a press conference he said, “I'll takeresponsibility, so please give me six months.”
On January 13, 2006, Roh said in SBS news interview “I
don't know that guy [Kim].”Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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On January 21, 2006, Un-Chan Chung, the president of
SNU, delivered a lecture in which he said that he would
never give a chance experiment react to Woo Suk Hwang.
On March 2, 2006, the Seoul District Prosecutor
subpoenaed and investigated Kim and Hwang. Kim
confessed that he mix-planted the cells.
On March 20, 2006, SNU held a disciplinary committee
and decided to expel Hwang.
On March 20, 2007, Prof. Yong-Sung Lee, an SNU
Investigator, testi ied in court that there was no one
experienced in observing human eggs or versed withembryo development in the SNU Investigation Committee.
On December 31, 2008, SNU ceded the NT-1 patent toHwang.
On January 12, 2009, SNU signed the NT-1 patenttransfer agreement with Sooam Foundation.
On February 2, 2009, Chung apologized saying that “Iviscerally vouched it as a virgin reproduction because I
was furious.” He also testi ied that he resigned from theposition of chairman of the SNU Investigation Committee
because of lack of professionalism at the time.
15.3. Paper manipulation
On January 6, 2005, Sun Jong Kim, the researcher
responsible for cell culturing at MizMedi realized that thecells in SNU were contaminated with mold.
On January 9, 2005, Kim hid the contaminated cells forthree days and only reported it to Hwang when it was toolate to restore them. All the contaminated cells were thendiscarded.
On January 15, 2005, Hwang reported thecontamination to Schatten and consulted at an Indian
conference. Schatten advised him that contamination is acommon issue, so he should forget it and continue writing.
On February 5, 2005, Hwang instructed Kim to write apaper containing four stem cell lines that had been lost
due to contamination. Kim fabricated the images of thestem cells.
On April 25, 2005, the research team wrote a paper
about 11 established stem cells excluding NT-4+, which
had been lost due to contamination, and submitted it to
Science.
On May 19, 2005, Hwang and Schatten published thearticle about patient-speci ic embryonic stem cells
derived from human SCNT blastocysts on Science.
In August 2005, Kim interfered with Hwang's
experiments for dogs’ stem cell research by mix-planting.
On May 12, 2006, Seoul District Prosecutor indicted
Hwang of fraud, embezzlement, and violating the
Bioethics Act. Egg extraction by Hwang was discerned to
be groundless.
On July 4, 2006, in the second trial, a charge of Hwang
to direct exaggerating a photo was accepted.
On October 26, 2009, the Seoul Central District Court
sentenced Hwang to two years in prison and three years
on probation. The court convicted him of publishing amanipulated article, embezzling government grants, andengaging in illegal traf icking of eggs. On the other hand,the court acquitted him of receiving a grant from a privatecompany by exaggerating the possibility of patientspeci ic embryonic stem cells' practical use.

57

On December 16, 2010, the third part of the Seoul High
Court convicted Kim of “disturbing business” andacquitted Hwang.
In July 2011, Korean researchers published astatement for the re-veri ication of Hwang’s 2005 article
on the International Journal of Molecular Medicine.
On November 3 2011, the Seoul High Court ruled thatthe decision to expel Hwang as a professor from SNU was
unfair.
On February 27, 2014, the second part of the Supreme
Court held that Hwang was partly guilty of embezzlement
and acquitted him of fraud. It then sentenced him to 18
months in probation and six months in prison. They also
remanded the High Court’s decision that expulsion as aprofessor from SNU was unfair.
15.4. Media reports
On June 1, 2005, an anonymous informant, Dr. K, reported
Hwang’s paper manipulation to MBC PD Sucheop.
On June 3, 2005, Dr. K met Mr. Han who was therepresentative PD of PD Sucheop. During the meeting, hequestioned what should take precedence over the other;
the truth or national interests. Mr. Han and his team thenstarted collecting evidence on Hwang’s paper
manipulation.
On October 19, 2005, Dr. K presented material
evidence to support his claim.
On October 20, 2005, PD Sucheop production crew
conciliated Kim and said, “What we have to do is only kill
Hwang.” They got a testimony that Hwang had authorized
photo manipulation.
On October 31, 2005, Hwang’s team handed MBC and
YTN 15 samples of stem cells for veri ication.
On November 12, 2005, Kim attempted to commit
suicide when he heard that Hwang had handed over thestem cells to MBC for veri ication.
On November 18, 2005, PD Sucheop production crew
got a false testimony from Roh that he had never seen thestem cells. YTN informed Hwang about the DNA
discrepancy in the stem cell samples.
On November 20, 2005, Hwang found out that his cells
were not consistent with the paper.
On November 21, 2005, Roh admitted in a press
conference that he used the paid eggs.
On November 22, 2005, PD Sucheop exposed Hwang’s
violation of the bioethics law on a broadcast. In response
to MBC’s question, Dr. Donald Kennedy, the chief editor of
Science said “None of these allegations [by MBC] havebeen credible. Until a speci ic, scienti ically based claim
against Dr. Hwang’s indings is reported to us, we will notoffer speculations.” He also said that “It is ourunderstanding that the correction of the table does not
signi icantly alter the paper’s primary conclusion thatpatient-speci ic embryonic stem cells were derived fromhuman SCNT-blastocysts.”
On December 1, 2005, the prosecution terminated theoocyte trading investigation, and MizMedi was notprosecuted. Later, a YTN reporter found out the coercive
coverage done by PD Sucheop.
On December 4, 2005, YTN exposed PD Sucheop's
coercive coverage on a broadcast.
On December 8, 2005, more than 30 young SNU
professors who were in charge of Life Science,

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Agricultural Life Science and College of Medicine, andDentistry urged SNU president to investigate Hwang 2004
in detail.
On December 15, 2005, Roh gathered MBC reporters
and announced on a broadcast that “Hwang had no stem
cells at all.” An emergency press brie ing organized PD
Sucheop also announced that “[the] stem cells were fake.”
On December 16, 2005, Roh declared that “What PD
Sucheop reported was scienti ically perfect.”
On January 3, 2006, PD Sucheop raised suspicion that
Hwang had coerced female researchers to donate theireggs.
On January 10, 2006, the MBC Newsdesk alleged that
Hwang was a billionaire who owned large parcels of land.
PD Sucheop raised suspicion that Yeongrong-i was a fake.
From March to April 2006, the Chujeog 60 Bun
production crew met Chung and conducted an interview
with him where he alleged that he was not even sure ofwhether the cells were created through parthenogenesis
or not. He said he did not even understand hisannouncement himself.
On April 4, 2006, KBS decided not to broadcast
Chujeog 60 Bun.
On April 5, 2006, Mr. Mun, who was the representative
PD of Chujeog 60 Bun objected to KBS’s order and went
ahead to make it public by uploading it online.
On April 15, 2006, hundreds of people who had
gathered outside the KBS company building to demandthat the episode be broadcasted were arrested.
On September 28, the Seoul Administrative Court heldthat Mr. Mun’s disclosure episode was reasonable.
On October 2, 2014, MEGABOX released the movie The
Whistleblower.
15.5. Patent
Hwang claimed his patent for the embryonic stem cell line
and method for preparing the same.
On December 30, 2003, the patent was irst iled underapplication number PCT/KR2003/002899.
On December 30, 2004, the patent was iledinternationally under application number PCT/
KR2004/003528.
On July 14, 2005, the patent was irst registered as a
Canadian patent under application number CA2551266
A1.
On December 9, 2011, the patents were iled that NT-1
and the human embryonic stem cell line prepared by
nuclear transfer of a human somatic cell into an
enucleated human oocyte.
On April 5, 2012, the patent was registered as a US
patent under application number US20120083032 A1.
On June 28, 2012, the Seoul Administrative Court heldthat it was unreasonable that the Korea Centers for
Disease Control and Prevention af iliated to the Ministryof Health, Welfare and Family Affairs declined the patentregistration of NT-1 by Hwang.
On February 11, 2014, the above patent was registeredas a US patent under application number US8647872 B2.
On June 24, 2015, the Supreme Court concluded that it
was illegal for the Korea Centers for Disease Control andPrevention af iliated to the Ministry of Health, Welfare andFamily to refuse to register Hwang’s NT-1 patent.
15.6 Foreign presses brie ings about Schatten

On November 20, 2005, the Washington Post raised
suspicions about Schatten. According to the article,
Schatten was link to the source of the eggs ten years ago,
but it was concluded that there was no any wrongdoing byhim (Ertelt, 2006).
On January 7, 2006, The Pittsburgh Tribune-Review
argued that Schatten’s research team is coveting thepatent of Hwang’s team on treatment of human embryos
and embryonic stem cells. There was an analysis that
Schatten is pressing the US government to register
Hwang’s technology as patented of his (Weiss, 2005b).
On February 8, 2006, the University of Pittsburgh’s
investigatory panel announced that Schatten’s patent was
not his achievement.
Conclusions
This study has highlighted some of the suspicious
circumstances surrounding the Hwang scandal. The
scandal was triggered by suspicions on the source ofexperimental eggs and later degenerated into questions
about the authenticity of the research. Although theeditor’s testimony and a replicated study later con irmedthat Hwang’s research was credible, the ethical issues
were still emphasized. The controversy later shifted toalleged research manipulation and genuineness. This
controversy may be cleared by giving Hwang a chance todefend himself. However, the Korean government is notwilling to do that. While writing the article, the researcher
established that some of the links for the references were
blocked or missing, and that is one of the main reasons
why they tried to publish the article on a foreign journal.
Hwang’s scandal is an unprecedented case that not only
involves academic parties, but also political and economic
circles. Therefore, the indings are important to theresearch society. Therefore, appropriate action should betaken to prevent further cases.
To achieve that, this article proposes the following: 1.
Naver should explain why they concealed the scandal
involving Mathew Park; 2. The Seoul National University
Investigation Committee should explain the contradiction
between their documents and speech; 3. KBS should open
the Chujeog 60 Bun episode and give Hyeongryeol Mun achance to make a statement on the issue; 4. The
Democratic Party of Korea should investigate and verify
the relationship between Moo Hyun Roh and Woo-Suk
Hwang; 5. the Korean government should explain why it
refused to approve Hwang’s research; 6. Hak Soo Han and
MBC PD Sucheop should explain their violation of news
coverage ethics and the statement, “We frankly say, only
want Mister Woo Suk Hwang hurt.”
Even while I wrote this manuscript, some of the online
references were blocked. Although those are not available
for public at now, the original source will be existing withpresses and media in documents or video form. This study
just suggests some circumstances for that, and I believethat other scholars in this ield and news writers could
investigate them in depth.
The Hwang scandal led to delays in the research onembryo stem cells at the time and many patients were left
in despair. All the suspicions around the scandal should becleared to ensure that such a tragedy does not recur again
in future.

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)
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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

Being Truthful or Comfort With a
Lie – An Ethical Debate- Sana Jiwani
Clinical Nurse Specialist,
Aga Khan University Hospital, Karachi Pakistan
Email: hirani.sana@gmail.com
Abstract
Breaking the bad news is one of the most dif icult dutiesof health care professionals, yet the medical profession
typically paid little attention to this major concern. Bad
news is de ined as any news that drastically andnegatively alters the patient’s view of her or his future.
Many people believe that the truth always hurts. Yethonesty has always been considered the best policy. This
brings us to the query that what to do; either to say thetruth even ought it hurts or to adopt the principle ofhonesty. Numerous studies results show that honesty
should be considered while breaking the bad news but inPakistani culture it is different. Focused training incommunication and certain techniques are required for
health care professionals to facilitate breaking bad news
to improve patient satisfaction and comfort. This paper
aims to explain and analyze this concept in light of ethicalprinciples. The paper will discuss the role of health care
professionals in the disclosure of sad news by integrating
an explicit ethical decision-making process.
Ke y w o r d s : B a d n e w s , H u r t s , Tr u t h , H o n e s t y,Communication, Satisfaction, Decision making, and Ethics
Introduction
Although truth hurts but this is how reality works. This
raises a question, what to do? Either to reveal the reality
or be comfortable with a lie. Unfortunately, despite many
advances in medical technology in Pakistan, cancer is still
the leading cause of death and health professionals,
especially nurses, come across this dif iculty to disclose
the bad news to the family. In Pakistan, it is a norm thatfamily decides for the patient. In biomedical ethics,
questions are not only limited to whether to disclose but
also “how much”, “when” and “how” the information
should be unveiled are the main challenges.
Case Scenario
Ms. A, a 50 year old patient arrived with the complaint ofintense progressive pain in the pelvic area and legs. Afterseveral investigations, it was found that the patient ishaving third-stage metastasis bone and lung cancer. Oneof the doctors entered the patient's room and discussed
these indings with the patient. Later that day, patient
shared; I have been informed that my primary cancer istreatable. This made me feel uncomfortable as I was fully
aware of her terminal disease and prognosis. When I
confronted the doctor about the counseling he said thefamily does not want the hospital to share the diagnosis
with the patient.

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Analysis of Ethical Dilemma
The above-mentioned scenario generated some thoughtprovoking questions:

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1.

Whether a nurse should hide the diagnosis from apatient and respect family wishes?
2. Or she should disclose the truth and abide by thecode of ethics which emphasis on advocacy andpatient rights?
This paper will re lect on the situation from different
perceptive and analyze it with various ethical principles
and theories.
My Position and Firm Act
I believe that in the above-mentioned scenario
withholding information from the patient is breaching her
autonomy. In the past, the concept of non-male icence wasso strong that hiding the diagnosis from the patient wasconsidered acceptable. However, time has changed andtoday telling the truth has considered the righteous thing
to do. Moreover, nurses are committed to safeguard theinterest of patients (code of ethics for nurses, 2001 as
cited by Burkhardt & Nathaniel, 2013). Not only this,nurses also have taken a pledge to respect the patient’s
preference and wishes. Therefore, if they neglect thepatient's wishes this means they ultimately ignored theconcept of holistic care.
Veracity vs. Hope
Telling truth is the key role and should not be abandonedeven when a nurse is aware of the outcome. It is patients’right to be informed with honest and genuine information.
Abdullah (2015) conclude that “patients preferred andwere glad to receive the correct information about theirtreatment”. Therefore, making them aware of the disease
process will help them to take decision. On the other
hand, it is argued that telling factual situation will lessen
patient’s hope. As per the doctor's perceptive, it isconcluded that sharing information has a huge impact on
the culture (Velan et al., 2019). However, in familyoriented culture decisions are mostly taken by the family
instead of the patient because they believe that disclosingb a d n e w s t o t h e p a t i e n t w i l l i n c re a s e t h e i rsuffering. Brody (1999) wrote,” meaning and perceptionof hope is different to different people as they movethought stages of illness”. Thus health care professionals
should deliver the complete and correct information baseon their level of understanding and help them to de ine
their hope.
Autonomy vs. Non-male icence
It is patients ‘autonomy to take decisions and healthcare
provider should respect this by providing them theaccurate information and allowing them to decide what isbetter. Patient feels more secure and fearless when they
are aware of their disease process. Abdullah (2015)
explained that autonomy in decision-making should
always occur in the absence of physician and familyinterference. However, in the Pakistan, it varies. As in our
culture, every individual is dependent on each other.
Therefore decisions are mostly combined rather thanautonomous and here the principle of non-male icencecomes which focuses on the obligation not to impose
harm to others. Conveying poor prognosis to the patient
may cause psychological stress which can increase
suffering.

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

Deontology vs Ethics of care
The most challenging issue nurses face is to choose
between either to be righteous or to value family wishes.
Deontology theory can be taken under care in the above
scenario as this theory suggests that acts are morally
obligatory regardless of their consequences. Thus, theactions either good or bad, health care providers should
abide by their duty and inform patient about thediagnosis. This is a believe that when patient is aware
about his prognosis and disease process, they can tolerate
the treatment more positively (Kaplan, 2010). Moreover,educating patients about their health and treatment will
be bene icial as this will reduce cost, over treatment andoverall hospital stay. It is a fact that family members
cannot see their loved ones in pain and ethics of care
supports the same. As close family members of the patient
are more capable of deciding what is best for a patient.
Meeting the need of the family and providing
compassionate care is more important than securing therights and duties.
SPIKE Framework:
SPIKE is a framework for discussing stressful
information to the patient in an organized manner.
Breaking the bad news is a complex process. Thus, thisstep-by-step approach helps the health care professionals
to ease the distress. Each letter describes the phase: S:
Choose the setting, P: Uncover the perception, I:
information, K: shared the knowledge, E: respectemotions and S summarize. The key component of thisframework strengthens empathy, validating the patient’s
feeling, understanding their perception, and providing all
possible strategies for intervention (Velan et al., 2019).
The Best Way Forward
As these are the most discussed issues in the past yet
unsolved. Thus the recommendation should be
strategized at three-level; individual, institutional andgovernmental levels. Understanding patient’s wish isessential and nurses need to put extra effort to make thefamily understand the concept of patient autonomy.
Moreover, institution, family, and patient must work
coherently so that patient's comfort is achieved. Moreover,
SPIKE protocol steps should be added in the nuring
curriculum to educate and train health care providers
from the beginning so that they can disclose the news in
an empathetic and competent manner. Lastly, from thegovernment level concept of the advance directive should
be strengthened and this document should be read in thepresence of family members so that they are aware ofvalues and wishes of the individual.

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Conclusion
Health care professionals encounter various health caredilemmas every day. However, all the above ethicalprinciples are important that consider patient’s
autonomous decisions because one principle overrides
the other. Yet, speaking the truth is expected from healthprofessionals as it is considered a moral act. It is
encouraged to follow the principle of bene icence, nonmale icence, patient’s autonomy, and deontological theory

whenever any con lict arises. This will help healthprofessionals to see the bigger picture withoutcompromising patient wellbeing.
References
American Nurses Association. (2001). Code of ethics fornurses with interpretive statements. Nursesbooks. org.
Abdullah, A. (2015). A Case Report The Understanding of
Bioethics: Truth-Telling to Patients of Cancer in Pakistani
Perspective. Journal of Clinical Research &Bioethics, 6(3), 1.
Badruddin, S. (2016). Ethics of breaking sad news topatient by health care p r o f e s s i o n a l s : P a k i s t a n
perspective. J Clin Res Bioeth, 7(01).
Blank, R. H. (2011). End-of-life decision making acrosscultures. Journal of Law, Medicine & Ethics, 39(2),201-214.
Lenz, B. K. (2013). Faculty-perceived barriers and bene its
to teaching tobacco cessation. Nursing education
perspectives, 34(3), 178-181.
Marcelle Kaplan, R. N. (2010). SPIKES: a framework forbreaking bad news to patients with cancer. Clinicaljournal of oncology nursing, 14(4), 514.
Mulji, N. P., & Sachwani, S. (2017). Palliative care: an alien
concept in Pakistan. Journal of Clinical Research andBioethics, 8(2), 1.
Punjani, N. S. (2013). Truth telling to terminally illpatients: to tell or not to tell.Journal of Clinical Research& Bioethics, 4(159).
Velan, B., Ziv, A., Kaplan, G., Rubin, C., Connelly, Y., Karni, T.,& Tal, O. (2019). Truth-telling and doctor-assisted deathas perceived by Israeli physicians. BMC medical
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MJMS, 25(3), 135.

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

Teachers’ Views on the
Incorporation of Bioethics Courses
in Primary School Syllabus- Balatsou Maria- Kostas Theologou
National Technical University of Athens, School of Applied
Mathematics and Physical Science, Department of
Humanities, Social Sciences and Law, Greece
Email: vlamar@hotmail.gr
Abstract
The current study is a pilot survey of future research thatseeks to record the views of Primary Education (PE)teachers with respect to the promotion of bioethics
literacy in PE through the incorporation of bioethics in thesyllabus of primary schools. In this study, that took placein Athens from March 10, 2020, until May 10, 2020, all theappropriate research tool (questionnaire) re inements
have been considered before its inalization. Snow-ballsampling method has been used for primary school
teachers of various disciplines. Furthermore, therequirements of the mixed research (qualitative andquantitative – triangulation) are met. Research data havebeen collected through an open-ended type questionnaire
comprising of 10 questions pertinent to the incorporationof bioethics in the PE syllabus and data process has been
performed with the use of Content Analysis Method. The
majority of the participants showed a positive attitude
towards the perspective of introduction of bioethics
courses in PE and expressed their thoughts and concerns
for the implementation of this endeavor. The mostimportant inding is the perception of importance of
bioethics literacy in the PE.
Keywords: Bioethics, Literacy, Primary Education, Good
Practice.

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Education and Bioethics Literacy
Education is de ined as an institution that aims at “thesystematic teaching of pupils and students, thedevelopment of mental and moral abilities of humanthrough special institutions (schools) and speci ic
methods” [2]. During the last decades, it has been madeevident that Bioethics Literacy need to be included in the
educational requirements. Bioethics Literacy is thepromotion of bioethics principles and values througheducation and its objective is irst of all the developmentof self-perception of the individual as an entity andafterward the development of the sense of belonging in asmall or wider social group. Individuals who havedeveloped their bioethics literacy will be capable ofrecognizing, understanding and managing moral
challenges in all aspects of their life, whether they are
directly or indirectly (as members of a social group)
affected.
Bioethics topics have already been traced in various
curricula across the European countries, according to the“EURYDICE” network, which is the European Information
Network for the educational systems and policies in theEuropean Union. Topics such as Life Skills, Ethics,

63

Equality, Diversity, Civics, have either been incorporated
in various syllabus courses such as Literature, Music,
History, Religion, Science and Biology or they are taught
independently as Ethics or Bioethics course.
According to International Organizations, such as the
Presidential Commission for the Study of Bioethical Issues(http://www.bioethics.gov), the ethical education shallbegin early enough and essentially it needs to act as a
receptor of new skills, which the individual will gain
through lifelong learning.
Lifelong learning of Bioethics, which has as starting
point the Primary Education, may lead to a special
perception of life. The students have a less self-centeredperception of their environment, by participating in
debates in their classrooms and exchanging views on
bioethics related topics. In this way, they realize that they
are equal members of their society and also they become
better citizens, who are responsible for their quality of life
[6].
Teaching of Bioethics at the earliest stages of
education (primary school), namely well before pupils get
engaged with specialized courses of higher grades,
ensures more effective learning outcomes. Also, theindividual will gain timely moral skills, develop bioethics
principles and gain basic scienti ic knowledge that isuseful during adulthood in the evaluation of personal andsocial issues and ultimately will make him/her a betterworld citizen [13].
Primary education constitutes the main pillar for thepromotion of bioethics literacy for the entire population[14]. In the earlier grades of primary school, theindividual develops basic skills and pupils gain
rudimentary knowledge on the general principles. In
higher grades, it is necessary to deal with and study
various bioethics issues that are classi ied on the basis ofage and topic.
The ield of bioethics education is considered as mostappropriate for the implementation of alternative ways ofteaching [10]. It can serve the purpose of introduction oftechniques that aim at skill development both individuallyand collectively. More speci ically, its targets are topromote critical thinking, cooperation that shows respect
to different views, teamwork and development of
individual and collective responsibility. At the same time,the engagement of teachers in bioethics in all levels of
education enhances good teaching practices, which canform the basis for those interested in the promotion ofbioethics literacy through education.
2. Methodology
The research methodology follows the triangulation
concept. The qualitative approach has been used as an
initial step, since it has been widely considered as mostsuitable for the in-depth review of the views of theparticipants, and afterwards the qualitative approach isused to analyze the results. Data collection took place inSpring 2020 and more speci ically from March, 10 to May,
10 during the COVID 19 quarantine period with the use of
the snowball sampling method. A questionnaire followed
by a short text, that included the de inition of bioethics,
has been sent via email to the teachers. The main researchtarget is to capture the personal views of the participantsEubios Journal of Asian and International Bioethics 32(2) (March 2022)

on the perspective of incorporation of bioethics in PE
syllabus The participants needed to respond in ten
bioethics related topics. True conclusions can be drawn
with respect to the research hypothesis through themethod of recording of ideas, views and concerns [1]. The
inal research sample has been de ined to 20 participants,
since the response rate has reached 80% (20 out of 25).
The data have been processed with the use of Content
Analysis Method (CAM), as it has been considered as mostappropriate, since it covers “...the decoding and recordingof written information and especially personal views andperceptions, hypotheses and perspectives…”[15]. CAM
includes the classi ication of issues in thematic categories,
with distinct boundaries among them, in order to reachreliable deductions. It needs to be noted that all the viewsof the participants are included in the data analysis thathas been performed.
The questionnaire that has been sent to theparticipants, included open-ended questions on thefollowing thematic categories – issues:• Bioethics in primary school. Should this course be
included or not? Present your arguments (topic #1).
• Bioethics as an independent course or incorporated
in some of the current courses? Which courses are
eligible to include bioethics? Interdisciplinary aspects(topic #2).
• Which grades are more suitable to be taught bioethics
courses (topic #3)?
• How many hours need to be taught per week (topic#4)?
• Goals of bioethics courses (topic #5).
• Educational discipline of teachers that is preferable
for bioethics courses (topic #6).
• Topics of bioethics that need to be covered (topic #7).
• Suggestions for relative course material (topic #8).
• Support by the Teaching Federation of Greece (DOE) (topic #9).
• Other concerns (topic #10).
Table 1. Participants per Discipline
Participants

20

Teachers

11

IT Teachers

1

4. Results
The majority of teachers that were selected to takepart in this study, were assigned to classes with active
duties. 11 out of 20 participants were teachers, 1 was IT
teacher, 1 German Literature Teacher, 1 French Literature
Teacher, 1 Gymnastics Teacher, 2 Arts Teachers, 1 Music
Teacher, 1 Psychologist and 1 Coordinator.
The teachers of our sample were randomly selected interms of their total years of service. From descriptive
statistics (Table 2) we note that: 3 teachers had 0-5 yearsof service, 1 had 5-10 years of service, 7 had 10-15 yearsof service, 3 had 15-20 years of service, 3 had 20-25 yearsof service and 3 had 25-30 years of service.
Table 2: Years of Service
0-5

5-10

10-15

15-20

20-25

25-30

3

1

7

3

3

3

12 out of 20 teachers had a permanent type contract, 1
had a limited time contract and 7 were substitute teacherswith a ixed term contract
Table 3: Type of Employment
Permanent

SubstituteContract12

7

1

6 out of 20 teachers serve in executive administrative
positions with managerial duties. More Speci ically: 1
serves as a coordinator, 1 is school director, 2 are school
superintendents and 2 are deputy school directors.

Administrative Position

Participants

Coordinator

1

School Director

1

Arts Teachers2

Deputy School Director

2

French Literature 1
Teachers

Total

6Music Teachers

1

Psychologist

1

Coordinators

1

18 out of 20 teachers have full time teaching duties and 2out of 20 teachers have full time administrative duties(coordinator and school director). 3 teachers teach in the
1st grade, 1 on the 2nd, 2 in the 3rd, 1 in the 4th, 1 in the 5th,
1 in the 6th 2 in both the 5th and 6th and inally in all grades
teach 7 teachers.

f

2

f

School Superintendent

f

1

f

Gymnastics Teachersff

3. Limitations
It is important to note that since this study is based on
low scale qualitative and quantitative research, it is
dif icult to generalize the results. Generalization of results
is essentially a very dif icult target in all cases, however,
we need to stress the innovative perspective of studying
the views of teachers on the incorporation of bioethics inprimary schools syllabus.

Table 4: Administrative PositionG e r m a n L i te ra t u re 1
Teachersff

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

f

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19 teachers hold a Bachelor degree, 1 holds a Bachelor
from a technical university, 13 hold a Masters degree and1 holds a Ph.D. degree.
The following responses per topic have been traced:i) Bioethics in primary school. Should this course be
included or not? Present your arguments.
The majority of the teachers of our sample (17/20)
agreed on the view that the bioethics courses need to be
introduced in PE. The following arguments have beenrecorded:“…it will enable the creation of concerned citizens who will
improve the world. It will enable to broaden theirhorizons…”.
“…it is an important issue that concerns more and more ourlives, taking into account the fast pace of scienti ic
progress…”.
“…it is interesting as teaching material. It is a contemporary
issue because of the rapid progress of science andtechnology and the impact they have on our everyday life.
Most of the people cannot understand the consequences ofthis progress. Preparation of citizens of the future will beachieved through bioethics…”.
“…everybody will need to make decisions on problems anddilemmas that stem from both the science and our work
environment. These decisions will ultimately affect oursociety and our environment. Through bioethics we will
receive the proper skills in order to make correct decisions
based on moral values and critical thinking …”.
“…there is a necessity to teach more ethical and social
related topics pertinent to science and technology…”.
“…PE should help students grasp basic bioethics principles.
These are the future active citizens who will use science andtechnology…”.
“…its topic is quite interesting and covers many issues…”“…children need to be educated in order to adopt acceptablebehaviors and perceptions from the very beginning
concerning issues that emerge from the widespread
applications of biotechnology…”.
“…it will act as bridge for pupils between PE and Secondary
Schools…”“…Ethics is a developmental process…”“…Children will be facilitated to build a good social identity
and therefore they will have the skills needed for thedevelopment of abstract reasoning…”“…it is important for children to learn early enough thateven in science there are ethical boundaries…”.
“…Children need to develop, apart from cognitive andgeneral skills, life skills that will help them in decision
making in all aspects of their life. They need to understandvalues and develop critical thinking for bioethics issues thatthey will come up with in the future…”.
“…Bioethics, as part of a holistic approach that the school
tries to convey to the students, could be a ield of researchand discussion…”.
The minority of the teachers of our sample (3/10) do
not believe that the incorporation of bioethics in primaryschool syllabus would be useful. They expressed thefollowing views:“…It requires combined thinking skills, which may have notyet been developed by children at this age…”.
“…Children of this age do not have the maturity nor theexperience to grasp this kind of concepts…”.

65“…Maybe it is more suitable for secondary school pupils…”.
As far as topic #1 is concerned, the majority of theteachers of our sample (14/20), expressed the view thatbioethics need to be incorporated in primary school
syllabus, integrated in already existing courses. A small
number of teachers (4/20) believe that bioethics needs to
be introduced as a standalone course and 2/20 believethat it would be useful to have this course integrated inother courses for the lower grade (A’, B’ and C’), whereas
in the upper grades the stand alone option would be morebene icial.
Concerning the type of courses that could serve as ahost for bioethics teaching material, the following results
were received: 9/20 Study of the Environment, 8/20
Science, 6/20 Religion, 6/20 Social and Political
Education, 5/20 Greek Language and Literature, 4/20 inComplementary Skills, 2/10 in history and 4 /10 in alltaught courses. It needs to be noted that the participants
were not guided to limit their answers to a speci ic
number of options and they were free to choose
whichever courses they wish. Another importantparameter that needs to be taken into consideration is thefact that the course Study of the Environment is beingtaught in the irst four grades, whereas Science is taught
in the last two grades of the primary school.
In topic #2, 9/20 teachers believe that bioethics is
considered proper teaching material for pupils of all
grades of primary school. Also, 4/20 expressed the viewthat bioethics is proper only for F’ grade students, 3/20
for D’. E’ and F’ grades and inally 4/20 for E’ and F’
grades.
The majority of the teachers (7/20) believe thatbioethics needs to be taught 1 hour per week (topic #4),
4/20 2 hours/week, 1/20 3 hours/week and 1/20 morethan 5 hours per week. Also 4/20 expressed the view thatbioethics material should be spread throughout theexisting courses, 1/20 responded that the time devoted tobioethics need to be adapted to the pupils potential, 1/20
believe that there should be a short discussion (15minutes) on a daily basis and inally 1/20 think thatteaching of bioethics topics should not exceed 1-2 hours
annually.
As far as topic #5 is concerned, the teachers of oursample mentioned a wide range of goals for bioethics in
PE. At this point we need to stress again that there was no
speci ic number of options for the participants to choose.
The following results were recorded as goals of bioethics:• Versatile development and maturation of theindividual.
• Learning of code of conduct and dissemination of
ethical attitudes and values.
• Apprehension of meta-cognitive strategies of selfcontrol and self-assessment and the development ofcritical thinking.
• Development of empathy and respect towards boththe individual and diversity.
• The development of a mentality of creativity andproductivity within a collaborative framework.
• Development of democratic and cooperative
principles.
• Concern for our environment.

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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f

Understanding of the effects of technologicaldevelopment in our environment.
• Education of future citizens through engagement withbasic principles of organization of a state.
• Preparation of the individual to deal with emergency
situations (e.g. COVID-19).
• Improvement of way of life.
• Familiarization with Ethics and Bioethics terminology.
It needs to be added that some teachers believe that thegoals of the teaching material of bioethics in PE depend on
the age of the pupils.
In topic #6, the majority of the teachers (12/20)
responded that teaching of bioethics in PE needs to be
assigned to the teachers (PE-70). The main reason behind
this choice is the fact that the teachers have received theappropriate pedagogical training, they are knowledgeableof the interests and the individual differences of the pupils
and they are the ones who attract most love and trustfrom the pupils. Another view that represents a minorityof our sample (3/20) states that teachers (PE-70) areresponsible for bioethics teaching, however, teachers ofother disciplines need to cooperate towards this end.
Furthermore, 3/20 teachers responded that teachersof all disciplines are suitable for teaching bioethics in PE,
since the teaching material of this course should be
widespread across the PE syllabus. Finally, 2/20 teachers
believe that the introduction of bioethics courses in PE
must incur the employment of new teacher specialties in
the primary school. Hence, this new course will be taught
by biologists, sociologists or psychologists. Concerning
the preparation of the teachers who will be assigned toteach this new course, 11/20 teachers believe that
relevant training needs to be offered, in order to cope with
the new duties successfully. 9/20 have not provided any
response for this issue.
As far as topic#7 is concerned, the teachers reported alarge number of issues that need to be covered by theteaching material of bioethics in PE. Once again, theteachers were not offered a pool of speci ic topics, butthey were free to state their own. The following list of
topics has been formed, based on the answers provided,that includes biomedical, socio-economic andenvironmental issues:• People with disabilities.
• Human rights and duties.
• Understanding of the term empathy.
• Scienti ic evolution and human rights• Management of juvenile delinquency• Elderly people.
• Robotics.
• History of evolution. The role of science andtechnology in the evolution of the human being.
• Relationship between scienti ic knowledge andethical values.
• Ethical Limits of Science.
•
Study of human reactions to technological advances(per age, time and place).
• Ethical and legal issues that stem from humanintervention in nature. Consequences of science andtechnology in the environment. Risk assessment.
• Environmental Ethics.
• Environmental Awareness.

f•• Renewable sources of energy.
• Agriculture / Husbandry.
• Animal Experiments.
• Nutrition.
• Genetics.
• Management of emergency health conditions.
• Transplantations.
• Ethical constraints of medical research.
In topic #8 (History…), 35% (7/20) of the participants ofthis study provided no answer. 12/20 stated that it isnecessary to create an educational platform – website inorder to upload educational material and relative
documentation (social stories, role playing, projects,
academic research etc). A pool of topics that are
frequently updated needs to be uploaded on this platform,
so that the teachers can make use of them as teachingmaterial. Another important aspect that has beenrecorded is the creation of a forum for exchanging ideasa m o n g te a c h e r s wh o te a c h b i o e t h i c s , o n t h e
aforementioned platform. This forum will enable teachers
to exchange views, good practices and teaching
techniques that facilitate the promotion of bioethics
literacy of the pupils. One teacher stated that it isnecessary to produce a manual for the teaching materialof bioethics, that will include alternative teaching plans
and teaching practices.
The participants of our sample suggested some action
items that could support the teacher of bioethics in PE.
The establishment of a coordination group that will
provide guidance and support to the teacher assigned toteach this new course is considered of high importance.
Furthermore, they believe that members of the scienti ic
community need to be invited to primary schools, in orderto present various topics and interact with the pupils. This
type of communication can also take place on-line in a
VTC environment. Finally, according to the participants, itwould be bene icial to promote bioethics literacy in PE
with various ways such as an appropriate campaign ofmass media, brochures, publication of articles etc.
Concerning topic #9, the response rate was lower that
50%, since 12/20 provided no answer for this matter. 5
participants believe that the endeavor to include bioethics
in PE syllabus will receive support by the TeachingFederation of Greece (DOE), whereas 3 teachers believe it
will not.
Finally, in topic #10, the prospect of introduction ofbioethics in PE syllabus is matter of debate. 11/20 of theparticipants did not an answer on this topic. The major
concerns that were expressed for this matter were related
to the preparation of the teachers who will be assigned toteach this course, the reception of the course material not
only by the teaching community, but also by the entire
society and the way of conveying the concepts, theprinciples and the values of bioethics to primary school
pupils. More speci ically, the concerns that were recorded
are mentioned below:• Are the teachers ready to teach this course?
• What will be the reaction of teaching community inthe prospect of including a new and innovative course
such as bioethics in the PE syllabus?
• How will the teachers manage the sensitive ethicalissues in the classroom?

•
•
•
•
•

•
•

What will be the reaction of the society in theprospect of including bioethics in PE syllabus? What
will be the reactions of the parents?
How can we ensure that the teachers assigned toteach this course are trained properly? Will theirtraining be adequate or not?
Will all teachers be capable of teaching this new
course?
What will happen with the teachers who are lessaware on these issues or cannot perform well within
an interdisciplinary framework?
What will happen if the teachers do not wish to
discuss ethical issues on science and technology,
which may lead in multiple concerns which they areunable to manage?
How can we ensure that an in depth approach ofbioethics issues will be followed?
How can we avoid the possibility of “con licts” orcontradictory opinions among teachers of different
disciplines who are assigned to teach bioethics? How
can we ensure that the deduction of distorted
conclusions will be avoided?

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5. Discussion
This pilot study shows that the majority of the teachers
who participated in our research (regardless of theirdiscipline, years of service or their educational
background) considers that it is necessary to incorporate
bioethics in PE syllabus. Their views on the bene its thatbioethics literacy may offer to pupils are consistent withthe standpoint of organizations such as the Commission
on the Teaching of Bioethics [5]. More speci ically,
according to this organization [5], the ultimate goal ofbioethics literacy is to teach pupils multifactorial ethical,
social and mental skills through their engagement withtechnological and scienti ic advances preparing them togenerate informed decisions both for themselves and fortheir social group. The participants believe that a newframework of learning is being created that includes
multiple pedagogical and learning goals. The new
educational programs that are being developed consider
not only the cognitive aspect of the teaching material, butalso the development of pupils’ perception that is basedon personal beliefs and ethical values. According to [7], amore comprehensive vision looking through the personal
standpoint is required, since the sheer knowledge on theields of science and technology is not enough.
The majority of the participants believe that theteaching material of bioethics need to be integrated in oneof the existing courses, in order to be widespread in thesyllabus and hence it can be studied within amultidisciplinary perspective. This approach will improve
the performance of the learning outcome and will enable
the comprehension of the interface of bioethics with theother scienti ic ields [3]. On the other hand, according to[4], this integration will facilitate the ethical re lection, “inthe mid of actual circumstances” [8].
Most of the participants of our sample agree thatteaching of bioethics would be bene icial for pupils of all
grades. It is suggested to teach this course in the upperclasses of primary school, provided that tailored teaching
techniques are applied for each grade [9]. However,ff

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

67

Shahadur et al [14] state that PE is the main pillar for thepromotion of bioethics literacy of the entire population,
through individual development. The child who acquires
ethical skills early enough, will use them in multiple
aspects of his/her adult life and ultimately he/she will
become a better world citizen according to [13].
The majority of the participants believe that teachingof bioethics must be assigned to teachers (PE-70), whichis consistent with the view of [8], who state that teachingin PE requires enthusiasm, interactive way of dealing withthe topics and not just “toneless” lecturing. Thus, allteachers need to acquire knowledge on Pedagogics, since
only PE-70 teachers cover this requirement. Alternatively,a carefully planned training program may be offered to
non PE-70 teachers, in order to prepare them to assume
their new duties pertinent to teaching of bioethics. There
are some participants who believe that all teachers needto collaborate with the PE-70 teacher of the class, whowill act as a coordinator or alternatively, all teachers of PE,
regardless of their discipline, may be assigned to teachthis course. Finally, some participants expressed the viewthat bioethics need to be taught by teachers of new
disciplines that currently do not serve in PE. It is very
important to note that none of the participants stated therequirement to include bioethics in the syllabus of
Teachers’ university degrees.
Concerning the topics of the teaching material ofbioethics in PE, the majority of the participants raised
issues of biomedical, environmental and socio-economic
content, which need to be managed by pupils within the
primary school context, in order to successfully
accomplish their preparation as equal members of every
society and for the challenges of their adult life.
The creation of a coordination group that will provide
support and pedagogic guidance to teachers has been
deemed necessary. The majority of the participants
believe that it is important to establish a platformwebsite, in order to upload teaching material, training
scenarios, good practices, projects, academic studies andannouncements relevant to the bioethics course. Most of
the participants consider very important the creation of aforum for exchanging ideas and communicate with otherteachers on course issues. Finally, it has been recordedthat publication of a manual for this course would bevaluable for the support of the teachers.
Most of the participants consider that the most “bitter
aspect” of this endeavor is the support that is required by
the Teaching Federation of Greece (DOE), which is themain union of the PE-70 teachers. DOE support is deemednecessary by the participants, however, most of them
doubt it will be inally secured. Furthermore, it has been
expected to face various concerns be expressed by therelevant stakeholders, as it is the case for every new andinnovative approach.
Based on the participation of the teachers in our pilot
study, their responses and their concerns, we can draw
the conclusion that the topic of research for thepromotion of bioethics literacy, through the incorporationof bioethics in PE, is interesting, contemporary andinnovative. The use of our research tool (questionnaire),
showed that is reliable and effective and the suggestions-

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Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

concerns of the participants has proven to be particularly
helpful for the researchers.
Conclusion
It is important to stress that the majority of theparticipants of our sample expressed the view thatbioethics need to be incorporated in PE syllabus andrecognized that there is a plethora of bene its of such an
educational innovation. As Knight states [11] on the goalof teaching bioethics in children: “…We want children tothink if we need to take into account the conditions when
we are to decide if a certain action of lie is a mistake…Andwe want them to think on how important it is to be goodpeople to live a good life and it is important, which aspectsof their character they need to develop in the pursuit of thisgoal”.
Of course, further research needs to be done on thisinnovative and contemporary issue and all the parameters
pertinent to the incorporation of bioethics in PE need to
be deeply analyzed. However, it is important that teachersof all disciplines, each one from his/her own standpoint,needs to realize the importance of Bioethics as a distinct
discipline and the bene its that will emerge if it will beincorporated to the PE syllabus As a inal point for ourargument we would like to quote one of the views of ateacher of our study as an answer to the scope of ourresearch:“…Children need to develop, apart from cognitive andgeneral skills, life skills that will help them in decision
making in all aspects of their life. They need to understandvalues and develop critical thinking for bioethics issues thatthey will come up with in the future…”.
6. References

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Chief Editor: Darryl R.J. Macer
Associate Editor: Nader Ghotbi
Editorial Board: Akira Akabayashi (Japan), Sahin Aksoy(Turkey), Martha Marcela Rodriguez-Alanis (Mexico), Angeles
Tan Alora (Philippines), Atsushi Asai (Japan), Alireza Bagheri(Iran), Gerhold Becker (Germany), Rhyddhi Chakraborty (India/UK), Shamima Lasker (Bangladesh), Minakshi Bhardwaj (UK),
Christian Byk (IALES; France), Ken Daniels (New Zealand), Ole
Doering (Germany), Amarbayasgalan Dorjderem (Mongolia),
Hasan Erbay (Turkey), Soraj Hongladarom (Thailand), Dena Hsin
(Taiwan), Rihito Kimura (Japan), Abby Lippman (Canada), Umar
Jenie (Indonesia), Nobuko Yasuhara Macer (Japan), Masahiro
Morioka (Japan), Anwar Nasim (Pakistan), Jing-Bao Nie (China,
New Zealand), Pinit Ratanakul (Thailand), Qiu Ren Zong (China),
Hyakudai Sakamoto (Japan), Sang-yong Song (Republic ofKorea), Takao Takahashi (Japan), Noritoshi Tanida (Japan),
Ananya Tritipthumrongchok (Thailand), Yanguang Wang
(China), Daniel Wikler (USA), Jeong Ro Yoon (Republic of Korea).
EJAIB adopts and complies with the Committee on Publication
Ethics (COPE) Publication ethics and malpractice policy. Ourpolicy is on the EJAIB website. All potential authors should haveread these guidelines and by submission of an article forpublication you acknowledge that you have complied with thispolicy. Violations will be handled in proportion to the intention
and seriousness of the violation. If there is a con lict of interest
stated by the authors of an article it will be written in the paper.
Registered address of EJAIB: P.O. Box 16 329, Hornby,
Christchurch 8441, New Zealand
Editorial address, and all correspondence to:Prof. Darryl Macer, Ph.D., Hon.D.
President, American University of Sovereign Nations (AUSN),
https://www.ausovereignnations.org
Email: darryl@eubios.info
For forthcoming conferences see:www.eubios.info or www.ausn.info
International Public Health Ambassadors
https://www.ausovereignnations.org/
international_public_health_ambassadors
Email to: provost@ausn.info!

Eubios Journal of Asian and International Bioethics 32(2) (March 2022)

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