scholarly journals The problem of dignity in the context of genetic editing technology

nauka.me ◽  
2021 ◽  
pp. 56
Author(s):  
Elvira Pakhomova

The вiscussion about the legal regulation of biomedical technologies flared up with renewed vigor after the data on the He Jiankui experiment, the essence of which was artificial editing of the genome of human embryos. This work investigates the problem of applying the principle of personality achievement in the discourse of legal regulation of genetic editing technology. Given the fact that there are a number of rules governing certain cases of genome editing, this work focuses on the study of cases prohibited by current international law. Most of these cases of application of this biomedical technology are associated with humiliation of human dignity, for this reason, this article examines exclusively the connection of this universal value with genetic editing. The article highlights the main problems of the concept of achievement, the use of genetic editing technology, as well as its legal regulation. In addition, the basis of arguments is considered separately, on the basis of which opponents of the application of the technology under consideration apply to the concept of achievement and its humiliation.

Lex Russica ◽  
2019 ◽  
pp. 37-47
Author(s):  
O. Yu. Fomina

Genetic technologies are rapidly developing, which is not the case for the normative consolidation of scientific achievements and opportunities. The science aimed at improving the quality of life of people is already able to prevent many hereditary disorders by removing the «wrong» gene from the embryo DNA. Editing the human genome is not the future, but the present.It is assumed that legalization in the area of the human genome editing for preventive or therapeutic purposes is more than possible. The article analyzes the issues of the right to go to court on the ground of legal relations that arise when the human embryo genome is edited during the procedure of in-vitro fertilization (IVF) and subsequently a «genetically modified» child is born.Due to the lack of detailed legal regulation of the IVF procedure, scientific research on human embryos and genome editing technology, the author does not exclude situations when successful research can be carried out as well as errors can be committed. In the latter case, it is possible to work upon «healthy» DNA elements instead of or together with «sick» elements, which endangers the life and health of not only the potential person, but also his discendants.Given that the current legislation does not determine the status of a human embryo and establishes the moment of birth as the moment of capacity, while the civil procedural capacity (that is one of the prerequisites for the right to go to a court) of an individual coincides with civil legal capacity, the future human life is deprived of any legal protection. For the same reason, other persons may not go to court in the interests of the unborn child. The article attempts to find a way out of this situation by analyzing Russian and international legislation, as well as the ECHR case law.


2020 ◽  
Vol 16 (4-2) ◽  
pp. 144-156
Author(s):  
Анастасия Пестрикова ◽  
Елена Холопова

The article substantiates the need to establish legal principles for the use of gene modifications in human embryos and reproductive cells; highlights the problems of genome editing that require understanding by legal science, including at the international and national levels, and do not have a clear solution at the present stage. Purpose: based on the analysis of the legislation of foreign countries, the need for accessibility and openness to the international community of information on the safety of using technologies for gene editing of human germline, the identification of new forms of scientific activity focused on working with public opinion on the use of genetic technologies is proved. Methods: methods of comparative legal analysis, formal logic, description, statistical methods, and the method of legal norms interpretation are used. Results: at the present stage, the main task of the legal community is to develop legal principles for regulating public relations in the field of genetic engineering and biomedical technologies. At the same time, the most important component is the formation of public participation and active involvement of public institutions in the formation of the legal environment for creating a system of legal norms that meet the realities of scientific progress and protect the rights and interests of each person and humanity as a whole.


Author(s):  
Anna Koval ◽  

he end of the twentieth century and the beginning of the twentyfirst century has begun the rapid development of scientific researches in the biological and medical fields. This process is associated with using of fundamentally new methods, which are primarily aimed at the disease prevention, as well as the introduction into the treatment of human diseases with the latest scientific and innovative technologies, methods and techniques of their application. These opportunities in the development of scientific technologies in the field of biology and medicine have led to the emergence of such a direction of scientific activity as "biotechnology". The proposed article notes that using of biomedical technologies has caused a number of new problems in the field of law and ethics. Legal arrangement in the field of the health protection have become much more complicated. Thanks to new opportunities, today these relations regulate rights and responsibilities of a fairly large number of people. Modern relations in the field of medical services and medical care lead to the emergence of new approaches to their regulation by both legal and ethical norms. In the past, relations in the field of the health protection were usually between two subjects, a doctor and a healthcare consumer. Nowadays, in a medical practice, relations in the field of the health protection involve: a health-care consumer, his family members (e.g., in the case of hereditary diseases diagnosis, blood and organ donation etc.) and third parties (e.g., organ donation, reproductive cell donation, surrogacy etc.). In the general doctrinal concept, biotechnology is the industrial use of living organisms or their parts (microorganisms, fungi, algae, plant and animal cells, cellular organs, enzymes etc.) for product producing or modifying, improving plants and animals, and in medical practice - in relation of the individual human organs (or body as a whole) functioning. These circumstances require improving the legal regulation of modern medicine public relations, bringing them into line with emerging realities. Moreover, the specifics of relations in this field determines the specifics of their legal regulation. The application of new medical technologiesin relation to human treatment has given rise to a significant number of moral and ethical problems that could not be solved within the framework of medical ethics and deontology alone. In connection with this, the way out of the current situation could be the consolidation of bioethics as an interdisciplinary field of knowledge, as a science, which makes it possible to explain moral, ethical and legal aspects of the medicine. This, for example, determines the allocation of medical law in an independent branch of law in some Western countries and Ukraine. The article focuses on biomedical ethics, which is a component of the medical activities system regulation. In the context of considering the levels of social regulation of medical activities, bioethics (biomedical ethics) is an interdisciplinary science that studies moral and ethical, social and legal problems of medical activities in the context of human rights protection. Bioethics should create a set of moral principles, norms and rules that are binding on all mankind and delineate the limits of scientific interference in the nature of the human body, the transition through which is unacceptable.


2013 ◽  
Vol 26 (2) ◽  
pp. 315-349 ◽  
Author(s):  
DAVID LUBAN

AbstractMilitary and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.


2021 ◽  
Author(s):  
Fatima Comartova ◽  
Andrey Pomazanskiy ◽  
Elena Nikitina ◽  
Saria Nanba ◽  
Timur Mel'nik ◽  
...  

The rapid development of modern biomedicine creates both hopes for solving global problems of humanity, and risks associated with the enormous potential of its impact on human nature. In this regard, the processes of development and application of biomedical technologies need timely and adequate legal regulation that defines the boundaries of biotechnological intervention in human life. This publication is devoted to the theoretical development of general legal approaches to the essence, content, social orientation and the main industry features of the regulation of relations in the field of biomedicine, which would allow to form a special legal regulation in this area. For researchers, teachers, postgraduates, students, practicing lawyers, employees of public authorities.


1973 ◽  
Vol 13 (147) ◽  
pp. 283-290
Author(s):  
Ian Harding

It gives us pleasure to publish extracts from a remarkable unpublished work by an Australian author, Ian Harding. In four chapters (Antiquity, Islam, Some European Developments, Henry Dunant) it covers the origins of the Geneva Conventions from ancient civilizations, and then goes on to explain their significance in international law and action (The Conventions, The Propositions, The Conclusions). The passages we quote below deal with the history of humanitarian ideas and the laborious efforts, repeated time and time again throughout the centuries, for the ever more effective protection of human dignity. (Ed.).


Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.


Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.


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