WRITTEN QUESTION No. 3775/98 by Hiltrud BREYER to the Commission. The threat to ethical and social values from the commercialisation of death and human cadavers
Date: 1998-12-11
Institutions: BREYER, European Parliament
Subjects: arts, death, human rights, marketing, organ transplantation, surgery

21.7.1999

EN

Official Journal of the European Communities

C 207/127

combat all manifestations of racism, both within and outside the Union. The European Council asked the
Commission to draft proposals for its next meeting in Cologne for measures to counter racism in the applicant
countries and also invited the Member States to consider taking similar measures inside the Union. In this
context, the Commission will consider possible measures, particularly in the area of staff training, aimed at
preventing racist incidents during border checks.

Finally, the Commission acknowledges the fact that problems can arise during border checks where the
officials responsible for checks or citizens exercising their right to free movement lack knowledge of foreign
languages. However, the Commission has not been informed of any significant practical problems in this
regard. For the time being, therefore, it does not intend to take any initiatives in this area.

(1999/C 207/173)

WRITTEN QUESTION E-3775/98

by Hiltrud Breyer (V) to the Commission

(11 December 1998)

Subject: The threat to ethical and social values from the commercialisation of death and human cadavers

1. Would the Commission state its views on the legality (setting aside the ethical aspect) of testators
bequeathing their bodies to private plastic surgery clinics? Is it not fair to assume that, as in the case of organs
‘donated’ by people from very poor countries, this form of ‘donation’ is forced upon people by extreme poverty
and harsh social conditions (see question 4)?

Does the Commission agree that it is against the ethics of the medical profession to ‘carve up’ human

2.
cadavers for cosmetic purposes or for use as a commodity?

3.
Does the Commission further agree that the exhibition for commercial purposes and sale of whole-body
anatomical specimens at so-called ‘art’ exhibitions, on videos or on CD-roms is an affront to the rights and
values enshrined in the European Community?

4. Were licences issued for the import of at least three corpses imported into Germany from China, Russia
and Kirghizia?

5.
Is it consistent with the European Community’s position on the universal status of human rights for the
corpses of people convicted and executed in China 9 in circumstances of highly questionable legality 9 to be
used in Europe as a source of body parts, whole-body anatomical specimens or ‘art’ gallery exhibits?

How is it possible that, although usually it is prohibited for private individuals to be given charge of

6.
human cadavers, in this case no problems seem to have been raised?

Answer given by Mr Santer on behalf of the Commission

(12 February 1999)

The Commission deems that Community law does not offer an adequate legal base to treat this matter.
Therefore, the institutions of the European Union are devoid of competence to act in this field. However, the
possibility of bringing a case before the European Court of Human Rights cannot be ruled out.

Given the high sensitivity of the issues raised by the Honourable Member, the Commission has decided to
forward the matter to the European Group on Ethics in Science and New Technologies.