Commodification of the living: regulatory problems of commercialization of biomaterials in the process of development of genomics

2021 ◽  
pp. 35-48
Author(s):  
Olga Popova
Keyword(s):  
Civil Rights ◽  
Public Good ◽  
Patent Law ◽  
Science And Society ◽  
Genome Medicine ◽  
Genetic Technologies ◽  
Individual Science ◽  
The Individual ◽  
The Right ◽  
Regulatory Problems

This article explores the normative problems of commodification of biomaterials in the process of development of genomics and genome medicine. It is demonstrated that in the era of advanced biocapitalism, when the relations between capital, knowledge and life become of particular importance, biomaterials undergo an economic turnover, are viewed as the objects of property and patent law, becoming the source of gaining profit. This results in the conflicts associated with the protection of rights of the individual, whose body is the source of biomaterials. In the context of consideration of the practices of commodification of biomaterials, the author reviews different modes of relations between the individual, science and society, with the characteristic to each of them articulation of the priority of personal or public good. The article provides the ethical analysis of incidents caused by the development of genetic technologies within the framework of the mode of confrontation between the individual and science, altruistic and compensatory modes, and mode of protection of civil rights. The conclusion is made that the developing processes of commodification require finding balance between the rights of the state and the interests of individuals, public good and personal values. The right to control own biomaterials and genetic information, voluntary and free transfer of biological materials, observance of biosafety and medical confidentiality – all these problems of the development of genomics require constant ethical monitoring in each specific case of using biomaterials.

scholarly journals Ethical and legal problems of commodification of biomaterials in the development of genomics and genomic medicine

2020 ◽  
pp. 81-83
Author(s):  
О.В. Попова
Keyword(s):  
Public Good ◽  
Genomic Medicine ◽  
Patent Law ◽  
Modern World ◽  
Science And Society ◽  
Good Characteristic ◽  
Legal Problems ◽  
Individual Science ◽  
The Individual

В статье рассмотрен ряд этико-правовых проблем коммодификации биоматериалов в процессе развития геномики и геномной медицины. Показано, что биоматериалы в современном мире рассматриваются как объекты имущественного и патентного права и становятся источником получения прибыли. Зачастую это приводит к появлению казусов, связанных с защитой прав индивида, являющегося источником происхождения биоматериалов. Выдвинут тезис о том, что ситуация, связанная с оборотом биоматериалов, отражается в различных модусах отношений между индивидом, наукой и обществом, с характерной для каждого из них артикуляцией приоритета личного или общественного блага. The article considers a number of ethical and legal problems of commodification of biomaterials in the development of genomics and genomic medicine. It is shown that biomaterials in the modern world are considered as objects of property and patent law and become a source of profit. Often this leads to the appearance of incidents related to the protection of the rights of the individual, which is the source of origin of biomaterials. The thesis is put forward that the situation associated with the circulation of biomaterials is reflected in various modes of relations between the individual, science and society, with the articulation of the priority of a personal or public good characteristic of each of them.

scholarly journals The Trouble with Race in Forensic Identification

2020 ◽  
Vol 45 (5) ◽  
pp. 804-828 ◽  
Author(s):  
Amade M’charek ◽  
Victor Toom ◽  
Lisette Jong
Keyword(s):  
Forensic Genetics ◽  
Family Relations ◽  
Interesting Case ◽  
Forensic Identification ◽  
Criminal Investigation ◽  
Science And Society ◽  
The Family ◽  
Genetic Technologies ◽  
The Individual ◽  
Absent Presence

The capacity of contemporary forensic genetics has rendered “race” into an interesting tool to produce clues about the identity of an unknown suspect. Whereas the conventional use of DNA profiling was primarily aimed at the individual suspect, more recently a shift of interest in forensic genetics has taken place, in which the population and the family to whom an unknown suspect allegedly belongs, has moved center stage. Making inferences about the phenotype or the family relations of this unknown suspect produces suspect populations and families. We discuss the criminal investigation following the Marianne Vaatstra murder case in the Netherlands and the use of forensic (genetic) technologies therein. It is in many ways an interesting case, but in this paper, we focus on how race surfaced in science and society. We show that race materializes neither in the technologies used nor in the bodies at stake. Rather, race emerges through a material semiotic relation that surfaces in the translation that occurs as humans and things move across sites. We argue that race is enacted, firstly, in the context of legislation as biology reduced to bodily characteristics; secondly, in the forensic analyses as patterns of absent presence; and, thirdly, in society as a process of phenotypic othering.

Defining the Scope of Public Engagement: Examining the “Right Not to Know” in Public Health Genomics

2014 ◽  
Vol 42 (1) ◽  
pp. 11-18 ◽  
Author(s):  
Clarissa Allen ◽  
Karine Sénécal ◽  
Denise Avard
Keyword(s):  
Public Health ◽  
Common Good ◽  
Well Being ◽  
Health Initiatives ◽  
Genetic Technologies ◽  
Recent Debate ◽  
Right Not To Know ◽  
The Common ◽  
The Individual ◽  
The Right

While the realm of bioethics has traditionally focused on the rights of the individual and held autonomy as a defining principle, public health ethics has at its core a commitment to the promotion of the common good. While these two domains may at times conflict, concepts arising in one may also be informative for concepts arising in the other. One example of this is the concept of a “right not to know.” Recent debate suggests that just as there is a “right to know” information about one's genetic status, there is a parallel “right not to know” when it comes to genetic information that if communicated, could be detrimental to an individual's social or psychological well-being. As new genetic technologies continue to change the nature of genetic testing and screening, it is crucial that normative frameworks to guide and assess genetic public health initiatives be developed. In this context, the question of whether a “right not to know” may also be said to exist for populations on a public health level merits attention.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

Article 6 Echr and Immunities Arising in Public International Law

2003 ◽  
Vol 52 (2) ◽  
pp. 463-472 ◽  
Author(s):  
David LLoyd Jones
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
European Convention ◽  
Legal Proceedings ◽  
National Courts ◽  
European Court ◽  
The Individual ◽  
The Right ◽  
Relationship Of ◽  
Right Of Access

The Procedural guarantees laid down in Article 6, European Convention on Human Rights in relation to the fairness and expedition of legal proceedings would be meaningless if the Convention did not protect the right of access to the courts which is a precondition to the enjoyment of those guarantees. As a result, the European Court of Human Rights has laid down the principle that Article 6(1) secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court. The right of access to the courts is not absolute. The Strasbourg case law acknowledges that it may be subject to limitations. Contracting States enjoy a margin of appreciation in this regard. However, national courts must be satisfied that the limitations applied do not restrict or reduce the access left to the individual in such a way or to such an extent that the very essence of the right is impaired. Moreover a limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is no reasonable relationship of proportionality between the means employed and the aim sought to be achieved.

scholarly journals Property and “Nuda Potestas” as Constitutions of Reinach’s Philosophy of Law

2020 ◽  
Vol 90 ◽  
pp. 75-89
Author(s):  
Manuela Massa
Keyword(s):  
Civil Rights ◽  
Political Power ◽  
A Priori ◽  
Human Beings ◽  
Philosophy Of Law ◽  
The Social ◽  
The Individual ◽  
The Right ◽  
Social Act

This contribution centers on the notions of property and nuda potestas in Reinach’s philosophy of law. I aim to demonstrate how both terms ground an important part of Reinach’s understanding of a priori condition for civil rights. Consequently, I assess the principle of property with a comparison to Luis de Molina, since he shows in his De Iustitia et Iure how dominium and rights justify some forms of property (lay and ecclesiastical) and political power (Molina 1659, disp2 n1; Kaufmann 2014, 129). Hence, the right of the person is discussed by following the potestas. In Die apriorischen Grundlagen des bürgerlichen Rechtes, Reinach implicitly refers to the nuda potestas, which is a kind of power that can be applied only formally and not in fact to something else and for that reason, it can only be caught a priori, since acts are performed by another person within it. This is the reason why the rights of a person can be divided between more people, and it is at first just a kind of property, which can be exercised upon the individual. Consequently, I divide my contribution as follows. First, in considering the social act, I show how its characteristics of Anspruch and Verbindlichkeit result from the commitment that human beings make to one another. In doing this, I discuss the particular condition of slavery through which it is possible to find the property and the nuda potestas since there is no enjoyment of the good to which it refers. Second, I apply both concepts by showing a parallel with Luis de Molina. This comes about in consideration of the case of dominium, in which absolute rights can be ascribed to their relative claim. Third and finally, I offer a critique of Reinach, in which I show how absolute rights and relative claims cannot be assimilated.

scholarly journals Prosocial legal thought in the age of revolution and civil war in Russia (1917—1918)

Lex Russica ◽  
2019 ◽  
pp. 159-171
Author(s):  
D. R. Zaynutdinov
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Legal Status ◽  
Social Democracy ◽  
Third Way ◽  
The Third ◽  
Legal Thought ◽  
The Individual ◽  
Legal Concepts ◽  
The Right

The paper deals with the formation and development of right-socialist legal thought during the revolutionary period of 1917 and the Civil war of 1918. During the analysis, special attention is given to the legal views and ideas of the largest theorists of the right-socialist school, such as G.V. Plekhanov, V.M. Chernov, P.B. Akselrod, M.V. Vishnyak. The paper is divided into four interrelated parts. The first part reveals the fact of the lack prosocial groups of projects of legal development of the Russian state to establish a social democratic regime that caused their appeal to the legal concepts of the cadets. Also the reasons of registration by right-socialist groups of the concept of “the third way” and its realization in anti-Bolshevist statehood of the period of 1918 are revealed. In the second part of the work the understanding of the essence of law in socialism is studied, the comparison of the ideological approach to “law” on the part of the lawyers of the left-socialist and right-socialist camp is made. Special attention is given to the place of law in the teachings of socialism and the relationship of law with the economy. In the third part of the work the image of A.I. Gukovskiy as a jurist of the right socialist camp is investigated. His characteristic given to him by the right Socialists Revolutionarists (SRs) is generalized. The image of A.I. Gukovskiy reveals common features inherent in all legal scholars of the right socialist camp. The fourth part of the paper draws attention to the idea of human and civil rights and freedoms in the teachings of social democracy. For the jurists of social democracy, the development of the idea of human and civil rights and freedoms is nothing more than the materialization of the spirit of the revolution, and therefore the problems of the legal status of the individual in the works of right socialist thinkers received a special place. In conclusion, the author draws conclusions about the contribution of Russian lawyers of the right socialist group to the world fund of legal science.

scholarly journals Constitutional Legal Framework for the Participation of Citizens of the Republic of Uzbekistan in Managing the Affairs of Society and States

2022 ◽  
Vol 8 (1) ◽  
pp. 186-190
Author(s):  
G. Berdimuratova
Keyword(s):  
Civil Rights ◽  
Legal Framework ◽  
Democratic Society ◽  
The Republic ◽  
The Individual ◽  
The Right

The article examines the right of citizens to participate in the management of state affairs, its constitutional features. Special attention is paid to its role and place in the system of constitutional human and civil rights and freedoms. It is concluded that the participation of citizens in the management of state affairs is one of the guarantors of ensuring the rights and freedoms of the individual and the most important institution of a democratic society.

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