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Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing
by Evanson C. Kamau Gerd WinterThe need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.
Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing
by Evanson C. Kamau Gerd WinterThe need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.
Genetic Responsibility in Germany and Israel: Practices of Prenatal Diagnosis (Bioethik / Medizinethik #4)
by Christina SchüesPrenatal diagnosis, especially noninvasive prenatal testing (NIPT), has changed the experience of pregnancy, prenatal care and responsibilities in Israel and Germany in different ways. These differences reflect the countries' historical legacies, medico-legal policies, normative and cultural identities. Building on this observation, the contributors of this book present conversations between leading scholars from Israel and Germany based on an empirical bioethical perspective, analyses about the reshaping of 'life' by biomedicine, and philosophical reflections on socio-cultural claims and epistemic horizons of responsibilities. Practices and discussions of reproductive medicine transform the concepts of responsibility and irresponsibility.
Genetic Stigma in Law and Literature: Orphanhood, Adoption, and the Right to Reunion (Palgrave Socio-Legal Studies)
by Alice DiverThis book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.
Genetic Technology and Food Safety (Ius Comparatum - Global Studies in Comparative Law #14)
by Roland NorerThe volume gives an overview on how legislators all over the world have come up with different legal solutions for governing genetically modified organisms (GMOs) and food security and provides a compact summary of the existing regulations in this field. In a comparative legal approach, a general report analyses and compares these various national and supranational legal systems. It closely follows the newest developments at the interface between genetic engineering law and food law.The emergence of a new technology usually leads to fundamental questions as to how the law should respond to it. The regulation of genetically modified organisms is a prime example, they have been discussed controversially ever since they were subject of legislation and regulation. In particular, this applies to the use of GMOs in food production. There is a variety of interesting legislations and a differentiated width of legal frameworks on international, supranational (EU) and national level to be found. The different regulations that thereby came to light are evidence of the various opinions and policies the societies and states have developed on this matter. It is this variety of regulations the volume examines, primarily on the basis of national reports that were handed in concerning the topic of genetic technology and food security at the occasion of the XIX International Congress of Comparative Law.
Genetic Technology and Sport: Ethical Questions (Ethics and Sport)
by Claudio Tamburrini Torbjö TännsjöWill the genetic design of athletes destroy sport … or will it lead to a new and extraordinary age of athletic achievement? Exploring a new territory in sport and ethics, this edited collection contains some of the best new writing that has emerged from the debates concerning the uses of genetic technologies to improve sport performance. Issues covered include: * gene technology and sports ethics* genetic testing in sports* gene technology and the sporting ethos* gene technology and gender equality in sport. This cutting-edge text is the first on the subject to analyze gender specific questions that arise from genetically modified sport and is likely to provoke further debate in the world of sport and bio-ethics. Contributors include Lincoln Allison, Ruth Chadwick, Arne Ljungqvist, Andy Miah, Christian Munthe, Bengt Saltin, Angela Schnieder and many more.
Genetic Technology and Sport: Ethical Questions (Ethics and Sport)
by Claudio Tamburrini Torbjörn TännsjöWill the genetic design of athletes destroy sport … or will it lead to a new and extraordinary age of athletic achievement? Exploring a new territory in sport and ethics, this edited collection contains some of the best new writing that has emerged from the debates concerning the uses of genetic technologies to improve sport performance. Issues covered include: * gene technology and sports ethics* genetic testing in sports* gene technology and the sporting ethos* gene technology and gender equality in sport. This cutting-edge text is the first on the subject to analyze gender specific questions that arise from genetically modified sport and is likely to provoke further debate in the world of sport and bio-ethics. Contributors include Lincoln Allison, Ruth Chadwick, Arne Ljungqvist, Andy Miah, Christian Munthe, Bengt Saltin, Angela Schnieder and many more.
Genetic Testing and the Criminal Law
by Don ChalmersGenetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.
Genetic Testing and the Criminal Law
by Don ChalmersGenetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.
Genetic Testing and the Governance of Risk in the Contemporary Economy: Comparative Reflections in the Insurance and Employment Law Contexts (Ius Comparatum - Global Studies in Comparative Law #34)
by Lara Khoury Adelle Blackett Lukas VanhonnaekerThis book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts – mainly genetic tests and genetic data/information – have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a “special status” for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources – including human rights norms – that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes’ approaches – specific and generalist – to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.
The Genetic Testing of Children
by Angus ClarkeThis book, written by a leading geneticist, examines the ethical and social issues raised by the genetic testing of children. The opinions of geneticists, ethicists and affected families are all included to give a balanced view of this controversial field. Issues covered include confidentiality, potential abuses of genetic information (eg the use of test results by insurance companies) and the value of predictive genetic testing.The aim of the book is to improve awareness of the complexity of the issues raised and provide suggestions as to how the discussions must develop - it therefore raises new questions as well as answering those that already exist.
The Genetic Testing of Children
by Angus ClarkeThis book, written by a leading geneticist, examines the ethical and social issues raised by the genetic testing of children. The opinions of geneticists, ethicists and affected families are all included to give a balanced view of this controversial field. Issues covered include confidentiality, potential abuses of genetic information (eg the use of test results by insurance companies) and the value of predictive genetic testing.The aim of the book is to improve awareness of the complexity of the issues raised and provide suggestions as to how the discussions must develop - it therefore raises new questions as well as answering those that already exist.
Genetics and DNA Technology: Legal Aspects
by Wilson WallFirst published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
Genetics and DNA Technology: Legal Aspects
by Wilson WallFirst published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
Genetics and Ethics in Global Perspective (International Library of Ethics, Law, and the New Medicine #17)
by Dorothy C. Wertz John C. FletcherDorothy Wertz and John Fletcher pioneered the first international study of ethical and social issues in genetics in 18 nations. This book reports and discusses their second and more representative study in 36 nations. The survey focused on actual situations that occur in the practice of medical genetics, presented as case vignettes that can also be used in teaching and policy discussion. Among the issues discussed are privacy, prenatal diagnosis, patient autonomy, directiveness in counseling, sex selection, forensic DNA banking, "genetic discrimination," and "eugenics". This is Dorothy Wertz's final book, as she died in April, 2003. It is a one of a kind cross-cultural study of complex ethical issues in the uses of genetic information. No one else has attempted to look at the international aspects of medical genetics on such a broad scale. The results provide a resource for discussion both within and among nations. Much bioethical and policy discussion now occurs in an information vacuum. The survey showed that what people would do, and their reasons for doing it, differed considerably from what ethicists think they "should" do. Many will be surprised at the results, especially in nations where bioethical discussion is just beginning. Genetics and Ethics in Global Perspective is of interest to medical geneticists, genetic counselors, social scientists and anthropologists who study cross-cultural issues, bioethicists and bioethics centers and health policy makers.
Genetics and the Law
by Aubrey MilunskySociety has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted.
Genetics and the Politics of Security: A Social Science Perspective (Routledge Frontiers of Criminal Justice)
by Joëlle VaillyPresenting a social science perspective on the contemporary gaze on the body of the suspect, this book considers how definitions of criminality, offenses, individual rights, and the concepts of identity and difference have been altered by changes in the biological status of the human.Spurred by rapid developments in genetics and information technology, a number of countries, including France, the United States, the United Kingdom, China, and the Netherlands, have considerably expanded their genetic databases used by the police and the criminal justice system. Whilst this makes it possible to compare DNA left at the scene of a crime with that of an individual known to the police, helping to identify individuals for the purposes of court proceedings, these innovations also raise a number of important questions, such as how the relationship between respect for the rights of individuals and the security of populations is discussed, as well as for how long this data should be retained. Genetic analysis also raises concerns related to phenotyping and “biogeographical origin” that could lead to the stigmatization of targeted groups.Offering a comprehensively argued view on how DNA acts not only as a tracker of suspicion but also as a marker of contemporary social developments, Genetics and the Politics of Security will appeal to students and scholars, judiciary personnel, lawyers, police officers, and people with an interest in criminology and the use of genetics in the criminal justice process.
Genetics and the Politics of Security: A Social Science Perspective (Routledge Frontiers of Criminal Justice)
by Joëlle VaillyPresenting a social science perspective on the contemporary gaze on the body of the suspect, this book considers how definitions of criminality, offenses, individual rights, and the concepts of identity and difference have been altered by changes in the biological status of the human.Spurred by rapid developments in genetics and information technology, a number of countries, including France, the United States, the United Kingdom, China, and the Netherlands, have considerably expanded their genetic databases used by the police and the criminal justice system. Whilst this makes it possible to compare DNA left at the scene of a crime with that of an individual known to the police, helping to identify individuals for the purposes of court proceedings, these innovations also raise a number of important questions, such as how the relationship between respect for the rights of individuals and the security of populations is discussed, as well as for how long this data should be retained. Genetic analysis also raises concerns related to phenotyping and “biogeographical origin” that could lead to the stigmatization of targeted groups.Offering a comprehensively argued view on how DNA acts not only as a tracker of suspicion but also as a marker of contemporary social developments, Genetics and the Politics of Security will appeal to students and scholars, judiciary personnel, lawyers, police officers, and people with an interest in criminology and the use of genetics in the criminal justice process.
Genetics from Laboratory to Society: Societal Learning as an Alternative to Regulation (Health, Technology and Society)
by Gerard De Vries K. HorstmanBased on detailed studies of the actual use of genetic testing in context, this book looks at the ethical and political questions raised by the expanding role of genetic information in society. In contrast to the established perspective which focuses on individual freedom, the authors emphasize a pragmatic approach focussed on societal learning.
Genetische Untersuchungen und Persönlichkeitsrecht (MedR Schriftenreihe Medizinrecht)
by Christian Dierks Albrecht Wienke Wolfram Eberbach Jörg Schmidtke Hans-Dieter LippertEntwicklungen in Biomedizin, Genetik und Informatik führen zu einem Wissenszuwachs im Verständnis der Ursachen und Entstehungsmechanismen von Krankheiten. Damit verbunden ist die Hoffnung, zukünftig Krankheitsrisiken frühzeitiger zu erkennen und durch Maßnahmen der Entwicklung von Krankheiten vorzubeugen. Mehr als andere Untersuchungsergebnisse erlauben genetische Informationen Aussagen über den Gesundheitszustand auch von Familienangehörigen. Sie bergen damit das Risiko konfligierender Interessen im Hinblick auf deren autonome Lebensführung und informationelle Selbstbestimmung in sich. Das Buch enthält die auf dem 10. Einbecker Workshop gehaltenen Vorträge, die sich aus medizinisch-naturwissenschaftlicher und juristischer Sicht mit dem Thema befassen. Im Anhang werden wichtige Materialien zum Thema Gentest ergänzt. So ist das österreichische Gentechnikgesetz, der Schweizer Entwurf eines Gentestgesetzes und der Entwurf der Fraktion der GRÜNEN im Bundestag für ein Deutsches Gentestgesetz enthalten.
Genetisches Enhancement: Grenzen der Begründungsressourcen des säkularen Rechtsstaates?
by Lioba Ilona WellingDie dynamische Entwicklung der Lebenswissenschaften unterwirft die menschliche Natur in zunehmendem Maß der Möglichkeit technischer Intervention. Dieser Prozess erreicht mit der Option verbessernder Eingriffe in die genetische Ausstattung des Menschen eine neue Dimension, die ethische, politische und zunehmend auch rechtliche Debatten ausgelöst hat, in denen tiefgreifende normative Dissense sichtbar werden.Die Autorin erörtert zunächst die Zulässigkeit von Maßnahmen des genetischen Enhancements anhand des geltenden deutschen Rechts und analysiert künftige gesetzliche Regelungsoptionen. Sodann wirft sie die Frage auf, ob die Begründung einer Unverfügbarkeit der Natürlichkeit des menschlichen Genoms mit Argumenten, die sich im Rahmen einer säkularen, religiös neutralen Rechtsordnung als rechtliche formulieren lassen, möglich ist oder ob die Vorstellung eines schlechthin unverfügbaren natürlichen Substrats des Menschen nur von einem Staat um- und durchgesetzt werden kann, der, wider dem von der Theorie des politischen Liberalismus (John Rawls) postulierten Erfordernis der public justification, nicht auf jede religiös-transzendente Verankerung des Rechts verzichtet.
The Geneva Conventions Under Assault
by Sarah Perrigo Jim WhitmanOutrages committed during violent conflict and as part of the 'war on terror' are not only an affront to human dignity, they also violate the Geneva Conventions. *BR**BR*Looking at high-profile cases of repeated and open abuse of the Conventions, the book reveals how attempts to undermine the Geneva Conventions as incompatible with the age of 'global terror' will create a less secure and more volatile world. From normalising torture in Guantanamo, to new technical and tactical developments that challenge the standing of the conventions, the contributors reveal how even individuals in the most powerful countries face the prospect of a horrifying vulnerability.
Genital Autonomy: Protecting Personal Choice
by George C. C. Denniston Frederick M. M. Hodges Marilyn Fayre Fayre MilosCircumcision affects 15.3 million children and young adults annually. In terms of gender, 13.3 million boys and 2 million girls are subjected to the involuntary removal of part or all of their external sexual organs every year. The problem of female circumcision has been addressed on an international level, but male circumcision remains a controversial subject that many academics have been reluctant to examine. Circumcision is tolerated today because it has been practiced for millennia by a small but vocal minority of religious and ethnic groups, however, when the practice is examined through the lens of modern legal, ethical, and human rights advancements, no place remains in civilized society for this body-altering ritual. In Genital Autonomy: Protecting Personal Choice, international experts address various types of genital modifications, the impact of these harmful traditional practices on the child, on human rights, and on the development of the concept of bodily integrity. The papers presented in this volume address these topics from a variety of angles. They question and dissects the true motivations of the doctors, witch doctors, and “holy men” who promote and profit from circumcision.
Genital Cutting: Protecting Children from Medical, Cultural, and Religious Infringements
by George C. Denniston, Frederick M. Hodges and Marilyn Fayre MilosThis volume contains the proceedings of the 10th International Symposium on Circumcision, Genital Integrity, and Human Rights. Authors are international experts in their fields, and the book contains the most up-to-date information on the issue of genital cutting of infants and children from medical, legal, bioethical, and human rights perspectives.
Genocidal Crimes
by Alex AlvarezGenocide has emerged as one of the leading problems of the twentieth century. No corner of the world seems immune from this form of collective violence. While many individuals are familiar with the term, few people have a clear understanding of what genocide is and how it is carried out. This book clearly discusses the concept of genocide and dispels the widely held misconceptions about how these crimes occur and the mechanisms necessary for its perpetration. Genocidal Crimes differs from much of the writing on the subject in that it explicitly relies upon the criminological literature to explain the nature and functioning of genocide. Criminology, with its focus on various types of criminality and violence, has much to offer in terms of explaining the origins, dynamics, and facilitators of this particular form of collective violence. Through application of a number of criminological theories to various elements of genocide Alex Alvarez presents a comprehensive analysis of this particular crime. These criminological perspectives are underpinned by a variety of psychological, sociological, and political science based insights in order to present a more complete discussion of the nature and functioning of genocide.