seven days later, for which reason they refer to the concept of a “pre-embryo.” 280 Some articles associate the concept of pre-embryo with the first 14 days because, after this, it is known whether there is one child or more. 281 Expert witnesses Condic and Caruzo, and some scientific literature reject these ideas associated with the notion of pre-embryo. 282 185. Regarding the dispute as to when human life begins, the Court considers that this is a question that has been assessed in different ways from a biological, medical, ethical, moral, philosophical and religious perspective, and it concurs with domestic and international courts 283 that there is no one agreed definition of the beginning of life. 284 280 Deponent Escalante affirmed that “[f]rom the moment of fertilization – in other words, penetration of the egg by the spermatozoid – and during the following 14 days, the fertilized egg consists of a growing cell group, with identical cells, where there are no specialized tissues or organs. During this period (pre-embryonic) there is no individuality given that one of eight cells can divide itself into two of four and if both are implanted, identical twins would be born and, similarly, in the opposite sense, the fusion of two of four cells in one of eight, would result in the birth of only one baby.” Statement of deponent Escalante (merits file, volume V folio 2441). 281 In this regard, deponent Escalante stated that “prior to day 14 in the formation of the human species there is no individuality. […] Therefore, a patient who has, for example, two embryos in an IVF laboratory in preparation for their transfer two or three days later, still has ‘children in progress’; she is not pregnant.” Statement of deponent Escalante (merits report, volume V, folio 2386). 282 In this regard, expert witness Caruso stated that he “did not know what a ‘pre-embryo was.” The term was first used by a frog biologist, Clifford Grobstein, in 1979. He believed that, since identical twins can occur 14 days after fertilization, before this, only one ‘genetic individual’ is present; not a developing individual and, therefore, an embryo or ‘person’ was not present. Moreover, the terms ‘pre-embryo’ and individuality have been discredited by almost all human biologists and rejected by the Terminology Committee of the American Association of Anatomists for inclusion in the Embryological Terminology. These terms are not used in any official work on human embryology or in the Carnegie Stages of human embryonic development.” Written summary of the expert opinion provided by Anthony Caruso at the public hearing before the Court (merits report, Volume VI, folio 2937.216). In addition, expert witness Condic indicated that “[s]ome people have tried to refer to an embryo prior to syngamy (or prior to the implantation or the formation of the primitive streak) as a “pre-embryo,” but this is not a legitimate scientific term.” Affidavit prepared by expert witness Condic (merits report, volume V, folio 2590). 283 With regard to decisions of constitutional courts: the United States Supreme Court, Case of Roe v. Wade, 410 U.S. 115, 157 (1973) (“We need not resolve the difficult question of when life begins. If those trained in the respective disciplines of medicine, philosophy and theology are unable to arrive at any consensus, the judiciary ….is not in a position to speculate as to the answer”); the Supreme Court of the United Kingdom, Case of Smeaton v. The Secretary of State for Health, [2002] EWHC 610 (Admin), Opinion of Justice Munby, paras. 54 and 60 (“It is no part of my function, as I conceive it, to determine the point at which life begins […] Thus, even biology and medicine cannot tell us precisely when it is that “life” really starts”). Supreme Court of Justice of Ireland, Case of Roche v. Roche & Ors, Judgment of December 15, 2009, [2009] IESC 82, Opinion of Judge Murray C.J. (“In my opinion, it is not for a court of law, faced with the most divergent, although most learned views, in the said disciplines available to it, to rule on the truth of the precise moment at which human life begins”); Opinion of Judge Denham J: para. 46. (“This is not the appropriate arena for attempting to define “life”, “the beginning of life”, “the timing of ensoulment”, “potential life”, “the unique human life”, when life begins, or other imponderables relating to the concept of life. This is not the forum for deciding principles of science, theology or ethics. This is a court of law which has been asked to interpret the Constitution and to make a legal decision on the interpretation of an article of the Constitution”). Court Constitutional of Colombia, Judgment C-355 of 2006. (“This Court considers that determining the exact moment at which human life begins is a problem that has been dealt with in different ways, not only from different perspective such as those of genetics, medicine, religion or morals, but also based on the different criteria expressed by each of the respective experts, whose assessment does not correspond to the Constitutional Court in this decision). ECHR, Case of Vo. v. France (No. 53924/00), GC, Judgment of 8 July 2004, para. 84. 284 Cf. Maureen L. Condic; ‘Pre-implantation Stages of Human Development: The Biological and Moral Status of Early Embryos’ (file of annexes to the answer to the application, volume III, folios 6580 to 6594). In particular, she indicates that “[c]urrently, there is little consensus among scientists, philosophers, ethicists, and theologians regarding when human life begins. While many assert that life begins at ‘the moment of conception’, precisely when this moment occurs has not been rigorously defined. Indeed, the legislative bodies of different countries have defined the “moment” of conception quite differently. For example, Canada defines a human embryo as ‘a human organism during the first 56 days of its development following fertilization or creation,’ a definition that is very similar to the one proposed in the United States of America. Recent statements by bio-ethicists, politicians, and scientists have suggested that human life commences even later, at the eight-cell stage (approximately 3 days post-fertilization) (for example, Peters 2006); at the implantation of the embryo in the uterus [5–6 days postfertilization; Agar (2007), Hatch (2002), or at formation of the primitive streak (2 weeks post-fertilization).”