The Legal Regime of the Human Genome in International Law
Abstract
Over the past few years, international and regional declarations have emerged regarding the ethics of human genome modification. Many of the general principles contained in these declarations have been incorporated into the constitutions and national legislation of some countries, either by adopting these declarations as they are, by including certain principles in the country's constitution, or by creating a special law. We find that the constitutional and international principles related to the human genome are not limited to the ethics of dealing with the human genome alone, but rather address broader and more comprehensive constitutional and international principles, such as the right to life, bodily integrity and inviolability, the right to health, human dignity, the right to benefit from scientific progress and its fair use without discrimination among people, the right to diversity and difference, the right to privacy and protection of personal data, and the sanctity of private life. There are some comparative constitutions that address the human genome and their declarations, the position on criminalizing the enhancement of human genetic capabilities, and the position of national and international courts on human genome modification.
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