title: The European Court of Human Rights' ruling on unproven stem cell therapies: a missed opportunity?
abstract: On May 6th 2014, the European Court of Human Rights added yet a new element to the judicial history of stem cells as it ruled in Durisotto v. Italy [appeal n. 62804/13]. The ruling rejected a patient claim to access an unproven cell therapy-an outcome that is certainly to be welcomed. However, this ruling is a missed occasion to clarify and reaffirm some important legal distinctions that could have greatly benefited the whole field of regenerative medicine. We claim that the ethical and political assumptions that sustain the regulation of expanded access programs to new therapies should be carefully scrutinized, with particular attention to the justifications for the risks connected to unconventional therapies. A clear legal definition of what counts as compassionate cure as distinct from unregulated and untested therapies cannot be provided unless those points are previously addressed.
authors.affiliation: Paul Sabatier Département d'épidémiologie et de santé publique, Faculté de Médecine, UMR 1027, INSERM, Université de Toulouse 3, Toulouse, France .
authors.forename: Emmanuelle
authors.initials: E
authors.lastname: Rial-Sebbag
authors.forename: Alessandro
authors.initials: A
authors.lastname: Blasimme
mesh_terms: D064987:Cell- and Tissue-Based Therapy / Q000379:methods*; D005060:Europe; D033161:Government Regulation; D006806:Human Rights; D006801:Humans; D007558:Italy; D061214:Patient Safety; D044968:Regenerative Medicine / Q000331:legislation & jurisprudence* / Q000379:methods; D057905:Stem Cell Research / Q000331:legislation & jurisprudence*; D013234:Stem Cells / Q000166:cytology*