scholarly journals Role of Legal Principles in Eliminating and Minimizing the Risks of Genomic Technologies

Lex Russica ◽  
2019 ◽  
pp. 121-128 ◽  
Author(s):  
M. N. Maleina

The use of modern genomic technologies, along with the benefits to the man and society, can lead to negative consequences. Such risks exist both in the process and after the production, isolation, modification, storage of DNA. Prior to detailed legislative regulation of relations regarding the use of genomic technologies for medicinal purposes and not for medical reasons, legal principles become vital.The paper formulates the following basic legal principles of genomic technologies application: the principle of preventive actions of the state to protect citizens from the risks of using genomic technologies; the principle of preserving the human genome as a special species; the principle of guaranteeing the inviolability of the individual of every citizen when using genomic technologies; the principle of priority of life and health of citizens over the interests of science and society; the principle of equality of citizens regardless of genetic characteristics; the principle of protection of genetic information of every citizen as part of personal data; the principle of guaranteeing access to the citizen’s own genetic information. Legal principles can be used to resolve a dispute by analogy of law.

2019 ◽  
Vol 24 (4) ◽  
pp. 315-330
Author(s):  
Bogdan Oprea ◽  
Dragos Iliescu ◽  
Vlad Burtăverde ◽  
Miruna Dumitrache

Purpose Boredom at work is associated with negative consequences, therefore it is important to investigate whether employees engage in job crafting behaviors that reduce boredom and what are the individual differences associated with these behaviors. The paper aims to discuss these issues. Design/methodology/approach A questionnaire study was designed to examine the mediating role of job crafting in the relationship between conscientiousness and emotional stability and boredom among 252 employees (Study 1) and in the relationship between Machiavellianism and psychopathy and boredom among 216 employees (Study 2). Findings The results showed that conscientiousness is negatively related to work-related boredom. This relationship is mediated by job crafting. Neuroticism and psychopathy are positively associated with boredom at work, but these relationships are not mediated by job crafting behaviors. Research limitations/implications The study was based on self-reported measures, which might raise questions of common-method bias, and the research samples contained mostly women and young employees, which raises questions about generalizability of our findings. At the same time, the cross-sectional design does not allow causal inferences. Practical implications Organizations can select employees based on their personality for jobs that predispose to boredom and give them enough autonomy to be able to craft them. Moreover, they can identify employees who need support to manage their boredom and include them in job crafting interventions. Originality/value Traditionally, boredom at work has been considered as resulting from characteristics of tasks and jobs. The findings indicate that some employees can make self-initiated changes to their work in order to reduce their boredom and possibly its negative consequences.


2019 ◽  
Author(s):  
Marwa El Zein ◽  
Bahador Bahrami

It has recently been proposed that a key motivation for joining group decisions is to be protected from negative consequences of these decisions. To test this claim we investigated how experienced outcomes that trigger loss and regret impacted people’s tendency to make decisions alone or in a group, and how these decisions differed when voluntarily made alone vs in group. Replicated across two experiments, participants (N=125 and N=451) first selected whether to play alone or in a group with majority rule. Next, they chose between two lotteries with different probabilities and magnitudes of winning and losing. Experienced outcomes affected participants’ propensity to join a group: the higher the negative outcome, the more participants switched from deciding alone to with others. When choosing the lottery collectively (vs alone), choices were less driven by anticipation of loss and regret. Moreover, negative outcomes led to worse subsequent choices but only when outcome was experienced alone. Together, these results confirm the protective role of group decisions against blame and responsibility and reveal an alarming consequence of group decisions: when collective choice leads to unpalatable outcomes, the protective shield of the collective reduces the influence of negative emotions that could have helped individuals re-evaluate their past choice and possibly avoid repeating their mistakes.


2019 ◽  
Vol 1 ◽  
pp. 14-20
Author(s):  
V. Yu. Panchenko ◽  
◽  
V. N. Vlasenko ◽  
◽  

The author substantiates the thesis that legal rights and obligations (permissions, obligations, prohibitions) by the method of their logical and linguistic expression can be concrete and abstract. The first way is inherent in legal rules, the second – in legal principles. Principles of law are able to act as a guide to action, i. e. to direct, regulate behavior in the most general, abstract form, not only along with, but also instead of the rules of law (regulation of social relations by principles). The author proves the unfoundedness of the theoretical provisions considering principles of law as normative generalizations (since there are cases when there are no norms to be generalized, but there are principles governing this area of public relations) and interpreting principles of law as permitting normative generalizations (since principles can both oblige and prohibit one behavior or another). A theoretically productive and useful for legal practice understanding of principles of law as the initial legal regulator of public relations (V. Ershov) is additionally argued. With this approach, it is possible to objectively detect specific and abstract rules of behavior governing particular segment of public relations in the texts of formal sources of law. The possibility of legal consequences (of both positive and negative nature) of implementation or non- (or improper) implementation of legal principles is indicated. The legal nature of the principles of law is emphasized and the negative consequences of giving the role of the principles of law to social, moral, political and other categories, ideas and ideologies are identified.


2007 ◽  
Vol 35 (S2) ◽  
pp. 52-58 ◽  
Author(s):  
Anita Silvers

The idea that disability insurers would benefit if the use of predictive genetic testing expands may seem little short of obvious. If individuals with higher than species-typical genetic propensities for illness or disease are identified, and barred or discouraged from participating in disability insurance programs, is it not obvious that the amount that disability insurers pay out will decrease? Is there any reason to doubt that insurers thus would gain advantage by promoting genetic testing? Writers on this subject typically have taken on faith that advantage goes to whoever knows most about the genetic characteristics of the individual seeking insurance. They therefore have assumed, without proving, that insurers’ interests lie with proliferating genetic information about insurance seekers.Consequently, from a perspective that gives priority to commercial interests, denying insurers the freedom to obtain genetic information about insurance seekers or holders appears obviously damaging and even unfair. On the other hand, from a perspective that gives priority to the interests of citizens who may use insurance, the greater use of and access to predictive genetic testing sets off ethical alarms.


Lex Russica ◽  
2020 ◽  
pp. 50-58
Author(s):  
M. N. Maleina

The importance of genomic information has now increased due to the possibility of its practical use. Meanwhile, the understanding of the term “genomic information” is specified based on different criteria. Genomic information is proposed to be classified depending on the following criteria: 1) the origin of a biological sample, 2) the place of fixation and storage of genomic information, 3) the purpose of use, 4) the completeness of examination, 5) the relation of a person to the acquisition of his or her genomic information, 6) the scope of content. Genomic information can be presented as a generic concept referring to all biological objects, as a special concept (species) referring only to humans, and as subspecies reflecting specificity of such information in a particular area of activity. Genomic information of a living being (human, animal, plant, microorganism) is understood as data on certain fragments of deoxyribonucleic acid (sometimes ribonucleic acid) on the basis of which the living being is identified or other permitted activity is carried out.Human genomic information is defined as biometric personal data extracted from certain fragments of deoxyribonucleic acid (sometimes ribonucleic acid) of a living individual or corpse, on the basis of which it is possible to identify, determine genetic predispositions or extract patterns of the development of the human being obtained voluntarily, and, in cases provided for by the law, forced to be fixed in a biological sample and/or stored in an information map or database.It is proved that the existing laws on information or a new law dedicated to regulation of the application of genomic technologies should be amended instead of adopting a special law “On Genetic Information”. 


2021 ◽  
Vol 65 (6) ◽  
pp. 95-106
Author(s):  
T. Rovinskaya

Received 26.01.2021. The article investigates the role of new digital technologies during a crisis period on the example of the ongoing COVID-19 pandemic. Considering the methods used by different states to prevent the spread of the virus and its consequences, the author analyzes the advantages of the impelled rapid digitalization, scrutinizes its negative aspects, and discusses perspectives. Although the digital transformation had already been taking place before the pandemic actually started (2019), the current crisis facilitates the unprecedented digitalization breakthrough in all life spheres, which will have delayed consequences. The short-run effects are already obvious: deepening of virtual communication; advancement of electronic document flow systems and online-services (including E-Government, public health service, etc.); virtualization of education, culture, sports, leisure activities; transformation of labour market towards distance employment, an outburst of electronic commerce and services, robot automation in economy; virtualization of political life (online-meetings, online-debates, online-summits, etc.), and, moreover, a transfer of power struggle and geopolitical struggle itself to digital platforms. Greater convenience and effectiveness are the most vivid advantages of digital technologies development, which plays the key role in crisis periods. Better access of disabled persons and people living in geographically remote places to medical aid, education, cultural objects, etc. also belongs to important achievements of the rapid digitalization. At the same time, there are significant negative aspects of this process, both general and specific. The violation of democratic rights and freedoms (primarily, of personal data security and individual privacy) is unavoidable in the light of the necessary “digital control” from the state to contain the spread of infection. Private IT companies participating in the process of the virus spread control due to their products (mobile applications, Internet platforms, etc.) also benefit from access to personal data. Whereas this issue is not central in authoritarian regimes like China, it becomes very challenging for democratic societies of the West. The digitalization of services gives wide room for irregularities and fraud in general. A growing “digital exclusion” is another concern: the greater dependency on technical means excludes certain parts of the population unable to use them for different reasons. An increasing individualization and solitude amid the lacking real-life communication gives rise to complicated psychological issues and mental disorders. Among specific negative side-effects of digitalization there are obstacles in personal electronic verification, worsening in the quality of remote medical assistance and online-education, unemployment growth and smashup of offline-businesses in economy, and some other. The most complicated question of the current crisis and the next “post-COVID” period is how serious the above-mentioned negative consequences of the rapid digitalization will be, to what extent they may devaluate its advantages, what sacrifice will be made by humanity to pay for comfort and effectiveness. Acknowledgements. The article was prepared within the project “Post-Crisis World Order: Challenges and Technologies, Competition and Cooperation” supported by the grant from Ministry of Science and Higher Education of the Russian Federation program for research projects in priority areas of scientific and technological development (Agreement № 075-15-2020-783).


Author(s):  
Jaesun Wang ◽  
Seoyong Kim

This study aims to analyze the direct and indirect impact of beliefs in conspiracy theories on COVID-19-related preventive actions and vaccination intentions. The dominant theory in the literature is that beliefs in conspiracy theories have negative consequences. In particular, strong beliefs in conspiracy theories lower people’s intentions to engage in preventive actions and get vaccinated. Previous studies indicated that this dominant theory applies in Korea as well. However, we find that this dominant theory does not apply in Korea. Based on an analysis of survey data, we find that beliefs in conspiracy theories have positive impact on preventive actions and vaccination intentions. In addition, beliefs in conspiracy theories play indirect roles in these two responses to COVID-19. Specifically, when perceived benefits and trust in the government or science enhance preventive actions or increase vaccination intentions, strong beliefs in conspiracy theories promote this effect. This positive role of conspiracy theories is paradoxical because they are generally viewed as negative.


2021 ◽  
Author(s):  
Zhivka Mateeva ◽  

In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.


Author(s):  
Fleur Delva ◽  
Guyguy Manangama ◽  
Patrick Brochard ◽  
Raphaëlle Teysseire ◽  
Loïc Sentilhes

In France, a new approach is being developed through the ARTEMIS Center, which is a prevention platform for environmental health dedicated to reproduction. The objective is to describe the clinical management of patients in the ARTEMIS center. Couples with a condition affecting reproduction are referred to the ARTEMIS center. Management includes a medical consultation and a standardized interview. Current exposure is assessed by a questionnaire that includes exposure circumstances to reproductive risk factor and on the basis of which it is possible to implement preventive action in clinical practice without prejudging the role of such exposure in the onset of disease. From 16 February 2016 to 2 May 2019, 779 patients were seen in the ARTEMIS center. On the day of the consultation, 88.3% men and 72.2% women were employed. Among employed men, 61.5% had at least one instance of occupational exposure to a reproductive risk factor, and among employed women, 57.8%. The main nonprofessional circumstances of exposure identified were proximity of the residence to an agricultural area (35.3%) and domestic pesticide exposure (79.7%). The preventive actions implemented by the ARTEMIS center are targeted to the individual practices of patients. However, patient care also allows their physicians to become familiarized with environmental health.


Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 33-43
Author(s):  
M. N. Maleina

The paper proposes to use the expression ‘personal space’ to refer to the concept of ‘private’ during the period of professional activity. A personal space refers to the space personal in content and parameters, surrounding an individual and including personal connections and communications of the individual used for personal purposes and distinguished from the field of labor and other public relations within which the person independently determines the mode of his or her behavior and other people’s behavior for comfortable autonomous existence (including establishing contact with some persons and preventing interference of other persons, objects, natural phenomena).The personal space can be described as part of private life. Accordingly, the right to the personal space is part of the legitimate right to secrecy and privacy. The legal assessment of intrusion into an employee’s personal space depends on the type and scope of the employer’s actions, the type of technical means, the affiliation of the technical means to the employee or employer, the type of processed information (data), the order of a local regulatory act adoption. The boundaries of an employee’s personal space are defined as the balance between the employee’s interest in secrecy and privacy and the employer’s interest in achieving the quality and efficiency of the labor force activities, security of workers, property and information. The paper substantiates the need to include in local acts of educational organizations a ban for educators during their training sessions to use a mobile phone, as well as to leave the phone in the mode of receiving audio incoming signals. Restrictions to take selfies in the workplace during the periods free from training sessions are formulated. It is substantiated that in order to respect privacy it is advisable to stipulate in the law the possibility for the educator to refuse to permit his or her personal data processing by the educational organization not relevant to the work and objectives set out in the Labor Code of the Russian Federation without negative consequences for the employee. 


Sign in / Sign up

Export Citation Format

Share Document