scholarly journals Conceptual Framework for the Protection of Civil Rights in the Field of Reprogenetics

2021 ◽  
pp. 30-56
Author(s):  
E. E. Bogdanova ◽  
Keyword(s):  
Genetic Testing ◽  
Civil Rights ◽  
Civil Law ◽  
Human Reproduction ◽  
Preimplantation Genetic Testing ◽  
Rights Protection ◽  
Genomic Technologies ◽  
Rights Of The Child ◽  
Effective System ◽  
Logical Method

Introduction: the paper deals with the problem of civil rights protection when using genomic technologies in the field of artificial human reproduction. Breakthrough advances in medical and biological science set the state an important task of developing an effective system of legal guarantees aimed at ensuring a fair balance of interests of the parties to the relevant relationship and third parties, protecting the rights and interests of an individual, preventing human biotechnological engineering for the purposes of eugenic practice, etc. According to the author, special attention should be paid to the problem of protecting the rights of the child when using genomic technologies, including preimplantation genetic testing. Purpose: to solve the problem of developing the conceptual foundations of civil rights protection under civil law when using genomic technologies in the field of artificial human reproduction, which involves researching the grounds and peculiarities of applying methods of civil rights protection when using genomic technologies, in particular the technology of preimplantation genetic testing, which will make it possible to productively use these constructions; to create a uniform law enforcement practice in this area. Methods: general scientific, interdisciplinary methods common to the science of civil law and biomedicine (e.g. mathematical method, logical method) and methods specific to each of these sciences; logical, comparative legal, formal legal methods. Results: the author has studied the following: the available Russian and foreign regulatory framework and doctrinal sources on the protection of civil rights, especially the rights of the child, in the field of genomic technologies application; the implementation of the methods of protecting civil rights when using genomic technologies and, in particular, protecting the rights of the child, with attention focused on the specific features of the parties involved in legal relations in this area; the peculiarities of the legal nature of civil liability in the considered category of disputes. Conclusions: the paper provides conclusions reflecting the author's conceptual view of the problem of civil rights protection under civil law when using genomic technologies, in particular, the technology of preimplantation genetic testing. There were determined the directions for improving legislation in relation to persons born as a result of artificial reproduction with the use of genomic technologies; the limits of genomic technologies application in the field of reprogenetics and the conditions of liability in case of their violation were justified.

scholarly journals Civil Law Regime of Genes as Objects of Civil Rights

Lex Russica ◽  
2019 ◽  
pp. 100-109 ◽  
Author(s):  
A. N. Levushkin
Keyword(s):  
Civil Rights ◽  
Patent Protection ◽  
Civil Law ◽  
Legal Regulation ◽  
Private Life ◽  
Genomic Technologies ◽  
Long Time ◽  
Genomic Studies ◽  
Definition Of ◽  
Genetic Structures

At the present stage of the formation of the rule of law and developed civil society in the Russian Federation, the possibility of using and protecting genes, genomes and genomic technologies, mainly related to the sphere of private life, becomes particularly relevant. The world has already formed a scientific direction — gene editing. The practice of implementation of such developments is aimed at the implementation of genetic «improvement» of a person, his life and health. Society has existed for a long time in the era of genetic engineering. Currently, quite a large number of scientific studies are being conducted and many practical experiments are being implemented, both medical and socio-legal, aimed at involving genes and genetic structures in the framework of the legal field, in civil circulation.A particularly large number of questions and practical problems arise in determining the possibility of including genes and genomes as objects of legal relations and their definition as objects of civil rights.Debatable is the question of the turnover of genes, genomes, genetic structures and the possibility of making various civil transactions with them, the entry of subjects (participants) of genomic technologies in the binding and proprietary relationships with genes. The possibility of inclusion of genes and genomes in the objects of intellectual property rights and ensure their patent protection, the establishment of legal protective procedures is proved.There is an objective need to qualify and determine the legal nature of genes and genomes as objects of civil rights and the establishment of a special civil regime of genes, genomes and genetic structures. This special civil law regime of genes has a civil law nature. The author’s definition of a special civil-law regime of genes as objects of civil rights is proposed, the features and content of this regime are determined. The possibility of regulatory and legal regulation of genomic studies and the implementation of their results in medical practice is proved.

scholarly journals Certain Problems of Citizens’ Rights Protection when Using Genomic Technologies

Lex Russica ◽  
2020 ◽  
pp. 129-142
Author(s):  
E. E. Bogdanova ◽  
M. N. Maleina ◽  
D. S. Ksenofontova
Keyword(s):  
Human Dignity ◽  
Rapid Development ◽  
Biological Origin ◽  
Rights Protection ◽  
Genomic Technologies ◽  
Biological Parents ◽  
Effective System ◽  
Moral Damage ◽  
The Moment ◽  
The Right

In the context of the rapid development of new medical technologies, the problem of protecting the rights of citizens and ensuring respect for human dignity is becoming increasingly urgent. The authors come to the conclusion that the protection of the patient’s rights when using genomic technologies can be carried out in the order of claim proceedings. Typical methods of protection are recovery of damages in the event of injury to health, compensation for moral damage in connection with the violation of such non-material benefits as life, health, physical integrity, privacy. Particular attention is given to the problem of children’s rights protection when using genomic technologies, including the right to natural biological origin, the right to know their biological parents and family (genetic) history, since the use of advances in genetics and biomedicine by one generation of people can be a serious challenge to the existence of fundamental freedoms and equality of future generations.At the moment, states should define the limits of possible intervention in the sphere of private (parental) arbitrariness in order to prevent future harm to children born with the help of modern technologies. Consideration of individual problems of the rights of citizens protection when using genomic technologies indicates objective difficulties in finding solutions due to bioethical principles, the need to ensure a fair balance between the interests of the parties to the relevant relationship and third parties, and the need to minimize potential risks. The breakthrough achievements of medical and biological science pose an important task for the state to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting the rights and interests of an individual, preventing the biotechnological construction of a person for the purposes of eugenic practice, etc.

scholarly journals Recent developments in genetics and medically-assisted reproduction: from research to clinical applications†‡

2017 ◽  
Vol 2017 (3) ◽  
Author(s):  
J C Harper ◽  
K Aittomäki ◽  
P Borry ◽  
M C Cornel ◽  
G de Wert ◽  
...  
Keyword(s):  
Genetic Testing ◽  
Assisted Reproduction ◽  
European Society ◽  
Human Genetics ◽  
Massively Parallel Sequencing ◽  
Epigenetic Inheritance ◽  
Human Reproduction ◽  
Preimplantation Genetic Testing ◽  
Professional Societies ◽  
The Impact

Abstract Two leading European professional societies, the European Society of Human Genetics and the European Society for Human Reproduction and Embryology, have worked together since 2004 to evaluate the impact of fast research advances at the interface of assisted reproduction and genetics, including their application into clinical practice. In September 2016, the expert panel met for the third time. The topics discussed highlighted important issues covering the impacts of expanded carrier screening, direct-to-consumer genetic testing, voiding of the presumed anonymity of gamete donors by advanced genetic testing, advances in the research of genetic causes underlying male and female infertility, utilisation of massively-parallel sequencing in preimplantation genetic testing and non-invasive prenatal screening, mitochondrial replacement in human oocytes, and additionally, issues related to cross-generational epigenetic inheritance following IVF and germline genome editing. The resulting paper represents a consensus of both professional societies involved.

scholarly journals Preimplantation genetic testing for aneuploidy in uterus transplant patients

2021 ◽  
Vol 15 ◽  
pp. 263349412110098
Author(s):  
Rhea Chattopadhyay ◽  
Elliott Richards ◽  
Valerie Libby ◽  
Rebecca Flyckt
Keyword(s):  
Genetic Testing ◽  
In Vitro Fertilization ◽  
Immunosuppressive Agents ◽  
Live Birth Rate ◽  
Preimplantation Genetic Testing ◽  
Vitro Fertilization ◽  
Uterus Transplantation ◽  
Advantages And Disadvantages ◽  
Dilation And Curettage

Uterus transplantation is an emerging treatment for uterine factor infertility. In vitro fertilization with cryopreservation of embryos prior is required before a patient can be listed for transplant. Whether or not to perform universal preimplantation genetic testing for aneuploidy should be addressed by centers considering a uterus transplant program. The advantages and disadvantages of preimplantation genetic testing for aneuploidy in this unique population are presented. The available literature is reviewed to determine the utility of preimplantation genetic testing for aneuploidy in uterus transplantation protocols. Theoretical benefits of preimplantation genetic testing for aneuploidy include decreased time to pregnancy in a population that benefits from minimization of exposure to immunosuppressive agents and decreased chance of spontaneous abortion requiring a dilation and curettage. Drawbacks include increased cost per in vitro fertilization cycle, increased number of required in vitro fertilization cycles to achieve a suitable number of embryos prior to listing for transplant, and a questionable benefit to live birth rate in younger patients. Thoughtful consideration of whether or not to use preimplantation genetic testing for aneuploidy is necessary in uterus transplant trials. Age is likely a primary factor that can be useful in determining which uterus transplant recipients benefit from preimplantation genetic testing for aneuploidy.

Sign in / Sign up

Export Citation Format

Share Document