Legal support for the creation and use of genetic technologies in medicine

Author(s):  
В.В. Лапаева

Правовая политика России в сфере создания и применения генетических технологий в медицине не обеспечивает в должной мере баланс между системой прав человека, гарантирующих защиту его достоинства и охрану здоровья, и свободой научного творчества. Несогласованность этих прав человека проявляется в том, что при отсутствии запретов на исследования с применением технологий наследуемого редактирования генома человека законодательство лишает патентоспособности любые технологии по модификации генетической целостности клеток зародышевой линии человека. Последовательный правовой подход предполагает введение ограничений на возможность геномного редактирования зародышевой линии и запрета на патентование способов такого редактирования, не выходящего за рамки заданных ограничений. При разработке такого похода целесообразно учесть опыт Великобритании. The Russian legal policy in the field of the medicine genetic technologies creation and application does not provide a proper balance between the system of human rights that guarantee the protection of its dignity and health, and the freedom of scientific creativity. The non-coordination of these human rights is manifested in the fact that in the absence of prohibitions on research using technologies of human genome inherited editing, the law deprives patentability of any technology for modifying the genetic integrity of human germline cells. A consistent legal approach involves the restrictions on the possibility of the germ line genomic editing and the prohibition of patenting the methods of such editing, which does not go beyond the given restrictions. It is advisable to take into account the experience of Great Britain.

2020 ◽  
Vol 21 (1) ◽  
Author(s):  
Beverley A. Townsend

Abstract Background Human genome editing technologies offer much potential benefit. However, central to any conversation relating to the application of such technologies are certain ethical, legal, and social difficulties around their application. The recent misuse, or inappropriate use, by certain Chinese actors of the application of genome editing technologies has been, of late, well noted and described. Consequently, caution is expressed by various policy experts, scientists, bioethicists, and members of the public with regard to the appropriate use of human germline genome editing and its possible future effect on future generations. Main text As concerns about the applications of heritable genome editing have grown, so too have the questions around what is to be done to curtail ‘rogue actors’. This paper explores various ways in which to regulate genomic editing that are socially beneficial, while being cognisant of legal and ethical principles and rights values. This is done by evolving regulatory frameworks across jurisdictions in an attempt to raise issues, address common principles, and set responsible standards for stewardship of the novel technology. Conclusions It is suggested that robust and concrete regulatory measures be introduced that are culturally and contextually sensitive, inclusive, appropriate, and trustworthy – and are based on public empowerment and human rights objectives. Doing so will ensure that we are perfectly positioned to harness and promote the benefits that novel technologies have to offer, while safeguarding public health and curtailing the ambitions of rogue actors. This it is acknowledged is no easy task, so, as a point of departure, this paper sets out a path forward by means of certain, practical recommendations – by constructing genome editing regulation in a manner that both fulfils the desire to better progress human health and that can withstand legal and ethical scrutiny. The following observations and recommendations are made: Firstly, that a solution of effective, legitimate governance should consist of a combination of national and supranational legislative regulation or ‘hard’ law, in combination with ‘soft’ ethics, firmly anchored in and underpinned by human rights values. Second, that efforts to support legal and ethical solutions should be rigorous, practical, and robust, contribute to a reaffirmation of human rights in a contextually sensitive manner, and be transnational in reach. Lastly, that greater harmonisation across jurisdictions and increased public engagement be sought. This it is proposed will address the question of how to implement a normative framework which in turn can prevent future rogue actors.


Author(s):  
R. Jamuna

CpG islands (CGIs) play a vital role in genome analysis as genomic markers.  Identification of the CpG pair has contributed not only to the prediction of promoters but also to the understanding of the epigenetic causes of cancer. In the human genome [1] wherever the dinucleotides CG occurs the C nucleotide (cytosine) undergoes chemical modifications. There is a relatively high probability of this modification that mutates C into a T. For biologically important reasons the mutation modification process is suppressed in short stretches of the genome, such as ‘start’ regions. In these regions [2] predominant CpG dinucleotides are found than elsewhere. Such regions are called CpG islands. DNA methylation is an effective means by which gene expression is silenced. In normal cells, DNA methylation functions to prevent the expression of imprinted and inactive X chromosome genes. In cancerous cells, DNA methylation inactivates tumor-suppressor genes, as well as DNA repair genes, can disrupt cell-cycle regulation. The most current methods for identifying CGIs suffered from various limitations and involved a lot of human interventions. This paper gives an easy searching technique with data mining of Markov Chain in genes. Markov chain model has been applied to study the probability of occurrence of C-G pair in the given   gene sequence. Maximum Likelihood estimators for the transition probabilities for each model and analgously for the  model has been developed and log odds ratio that is calculated estimates the presence or absence of CpG is lands in the given gene which brings in many  facts for the cancer detection in human genome.


2011 ◽  
Vol 39 (1) ◽  
pp. 79-90 ◽  
Author(s):  
Britt M. Rusert ◽  
Charmaine D. M. Royal

Since the first phase of the formal effort to sequence the human genome, geneticists, social scientists and other scholars of race and ethnicity have warned that new genetic technologies and knowledge could have negative social effects, from biologizing racial and ethnic categories to the emergence of dangerous forms of genetic discrimination. Early on in the Human Genome Project (HGP), population geneticists like Luigi Luca Cavalli-Sforza enthusiastically advocated for the collection of DNA samples from global indigenous populations in order to track the history of human ancestry, migration, and languages, while social scientists like Troy Duster insisted that the new genetics was in danger of ushering in insidious practices of eugenics. The Human Genome Diversity Project's 1991 proposal to archive human genetic variation around the world quickly came under intense scrutiny by indigenous peoples and advocacy groups who worried that such measures could exploit indigenous groups as research populations and even resurrect racist taxonomies from the nineteenth century.


2021 ◽  
pp. 1-32
Author(s):  
Branislav Mičko

Building on an original dataset, this article focuses on the interactions between NATO and its declared worldwide partners. It argues that the analysis of these interactions can reveal NATO’s strategic approach to partnerships, but it can also provide a tool for its classification as an organisation that is either exclusive – defined by the focus on defence of its members, or inclusive – emphasising the global protection of democracies and human rights. The relationship between types of interactions and NATO categorisation is estimated using an unconditional negative binomial regression with fixed effects as well as a within-between (hybrid) model. Furthermore, they are illustrated on two brief case studies of Sweden and Japan. The results of the study suggest that NATO engages primarily with countries that are powerful relative to their neighbourhood, even though they are not the most powerful among the partners. The given country’s level of democracy, integration into the international institutions, and stability, do not seem to play any overarching role here.


2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Gustavo Rabay Guerra ◽  
Henrique Jerônimo Bezerra Marcos

RESUMOEste artigo tem por objeto a Teoria dos Direitos Humanos em Michel Villey. Seu objetivo é apresentar uma contestação à alegação de Michel Villey de que os direitos humanos não podem ser considerados Direito. Para tanto, realiza uma apresentação da Teoria dos Direitos Humanos em Michel Villey, passando pela criação dos direitos humanos em Thomas Hobbes, a inversão de objetivos dos direitos humanos em John Locke e a expansão dos direitos humanos em Christian Wolff. Em seguida passa a apresentar a crítica de Michel Villey aos direitos humanos e as falhas deste autor ao realizar suas acusações, haja vista a possibilidade de solução das contradições (colisões) entre os direitos humanos, além de que não se pode confundir o critério de validade da norma com sua eficácia. O trabalho conclui pela juridicidade dos direitos humanos ao demonstrar que a suposta contradição não seria razão para retirar esta qualidade.PALAVRAS-CHAVEFilosofia do Direito. Direitos Humanos. Michel Villey. ABSTRACTThe present work deals with the General Theory of Human Rights in Michel Villey. Its purpose is to present a challenge to Michel Villeys’ claim that human rights are not legal norms. To do so, the text presents the General Theory of Human Rights in Michel Villey, including the creation of human rights by Thomas Hobbes, the changing perspective attributed to John Locke and the numerical expansion of human rights attributed to Christian Wolff. The text then presents Michel Villeys’ critics of human rights and the problems with those critics; specifically, that the given conflicts between norms aren’t sufficient to declare that they aren’t legal norms, other than that, the text points that in his critics Michel Villey confuses the concepts of validity of the norm with its effectiveness. The work concludes that human rights are legal norms and its supposed intrinsic contradiction is not sufficient to withdraw this quality.KEYWORDSPhilosophy of Law. Human Rights. Michel Villey.


2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.


2020 ◽  
Vol 60 (11) ◽  
pp. 134-137
Author(s):  
Dilara Rashid Khanbabayeva ◽  

The presented article deals with the classification of English synonyms. The notion of phraseology is wide.Here concepts of some distinguished scientists are presented in the given article. Phraseology (from Greek φράσις phrasis, "way of speaking" and -λογία -logia, "study of") is a scholarly approach to language which developed in the twentieth century. It took its start when Charles Bally's notion of locutions phraseologiques entered Russian lexicology and lexicography in the 1930s and 1940s and was subsequently developed in the former Soviet Union and other Eastern European countries. From the late 1960s on it established itself in (East) German linguistics but was also sporadically approached in English linguistics. The earliest English adaptations of phraseology are by Weinreich (1969) within the approach of transformational grammar, Arnold (1973), and Lipka. In Great Britain as well as other Western European countries, phraseology has steadily been developed over the last twenty years. The activities of the European Society of Phraseology (EUROPHRAS) and the European Association for Lexicography (EURALEX) with their regular conventions and publications attest to the prolific European interest in phraseology. European scholarship in phraseology is more active than in North America. Bibliographies of recent studies on English and general phraseology are included in Welte (1990) and specially collected in Cowie & Howarth (1996) whose bibliography is reproduced and continued on the internet and provides a rich source of the most recent publications in the field. Key words: phraseology,synonym,language,linguistics,scientist


2020 ◽  
pp. 139-183
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.


Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.


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