Due to safety and efficiency challenges, HGGE has not been clinically implemented, yet it is unrealistic that it will be in the near furture. Therefore, the aim of the article is to provide guidance for developing a clear human rights-based legal framework once HGGE will be clinically implemented in Europe.
Assisted procreation is often associated with Article 8 ('right to respect for private and family life') and Article 2 ('right to life'). Which has led Spaander to examine the following questions in her article: a) is there a right to procreation with HGGE under Article 8 of the ECHR and b) what is the legal status of a human (gene-edited) embryo under Article 2 of the ECHR? Spaander states that although procreative rights are increasingly acknowledgded under Article 8, this does not ensure a right to procreate by means of HGGE. With regard to the 'right to life' of a human embryo - or a gene-edited embryo for that matter - the ECHR as well as the ECtHR remain unclear.
In conclusions, there is no clear answer to the question how the clinical implementation of HGGE should be interpreted in light of the ECHR and its existing case-law on Article 2 and Article 8. If anything, it shows that the process to develop regulation is a complex interaction between various human rights aspects that need to be balanced.