Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 323-338 |
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Mohammadi M, Mahdavi Sabet M A, Mehra N, Ashouri M. Evaluation of International Human rights Guidelines and Laws Regarding the Manipulation of the Human Genome with an
Emphasis on Legal Loopholes. MLJ 2024; 18 (59) :323-338
URL: http://ijmedicallaw.ir/article-1-1790-en.html
URL: http://ijmedicallaw.ir/article-1-1790-en.html
1- Department of Criminal Law and Criminology, Faculty of Law, Science and Research Unit, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Manipulation of the human genome, in different legal systems, has seen conflicting approaches with it, so that we see two approaches at the level of criminal policy of governments in this connection: 1- The regulatory approach, meaning that the manipulation of the human genome is Because it can cause the elimination of many physical and sexual norms, it must be managed and it is not possible to completely prevent it. In these legal systems, manipulation of the human genome has been criminalized only for non-medical purposes; 2-Complete Prohibition Approach: In the complete prohibition approach, manipulation of the human genome, whether for medical or non-medical purposes, is prohibited. In this approach, a kind of applicativeism can be seen in medical ethics. This is despite the fact that international human rights guidelines and laws today are moving in such a direction that manipulating the human genome should not be prohibited in general, but this medical practice should be within the prescribed frameworks of the law in a way that respects human dignity be respected.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and it was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Human rights as the new basis of criminalization have been accepted relatively or absolutely in most legal systems, including the legal system of Iran. Among the new fields of medicine is the manipulation of the human genome, which has been followed by different approaches in the criminal policy of countries in connection with the license, absolute prohibition and regulation. International guidelines and laws in the field of humanity indicate that the regulatory approach should be chosen from among the three approaches mentioned above (permission, absolute prohibition and regulation).
Conclusion: Considering the lack of criminalization of human genome manipulation in Iran's criminal policy, reference is made to jurisprudence sources in the first place and international human rights guidelines in the second place in order to determine a mandatory solution. In connection with jurisprudential arguments, four categories of arguments, i.e. absolute permissibility, case permissibility, secondary sanctity and primary sanctity, have been proposed and it seems that case permissibility is more effectively allowed in this context. In connection with international human rights guidelines, governments have been asked to regulate in this field instead of absolutely prohibiting the manipulation of the human genome.
Please cite this article as:
Mohammadi M, Mahdavi Sabet MA, Mehra N, Ashouri M. Evaluation of International Human rights Guidelines and Laws Regarding the Manipulation of the Human Genome with an Emphasis on Legal Loopholes. Medical Law Journal. 2024; 18: e23.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and it was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Human rights as the new basis of criminalization have been accepted relatively or absolutely in most legal systems, including the legal system of Iran. Among the new fields of medicine is the manipulation of the human genome, which has been followed by different approaches in the criminal policy of countries in connection with the license, absolute prohibition and regulation. International guidelines and laws in the field of humanity indicate that the regulatory approach should be chosen from among the three approaches mentioned above (permission, absolute prohibition and regulation).
Conclusion: Considering the lack of criminalization of human genome manipulation in Iran's criminal policy, reference is made to jurisprudence sources in the first place and international human rights guidelines in the second place in order to determine a mandatory solution. In connection with jurisprudential arguments, four categories of arguments, i.e. absolute permissibility, case permissibility, secondary sanctity and primary sanctity, have been proposed and it seems that case permissibility is more effectively allowed in this context. In connection with international human rights guidelines, governments have been asked to regulate in this field instead of absolutely prohibiting the manipulation of the human genome.
Please cite this article as:
Mohammadi M, Mahdavi Sabet MA, Mehra N, Ashouri M. Evaluation of International Human rights Guidelines and Laws Regarding the Manipulation of the Human Genome with an Emphasis on Legal Loopholes. Medical Law Journal. 2024; 18: e23.
Keywords: Manipulation of Human Genome, International Human Rights, Absolute Permission, Case Permission, Human Dignity, Consent
Type of Study: Original Article |
Received: 2024/02/28 | Accepted: 2024/06/19
Received: 2024/02/28 | Accepted: 2024/06/19
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