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New Technologies and Human Rights$
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Thérèse Murphy

Print publication date: 2009

Print ISBN-13: 9780199562572

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199562572.001.0001

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Regulating Human Genetics in a Neo-Eugenic Era

Regulating Human Genetics in a Neo-Eugenic Era

(p.85) 3 Regulating Human Genetics in a Neo-Eugenic Era
New Technologies and Human Rights

Han Somsen

Oxford University Press

This chapter maps out the bioethical battleground that surrounds genetic reproductive technologies. Focusing on pre-implantation genetic diagnosis (PGD), and drawing on the experience of the EU and the WTO regarding the regulation of GMOs, it argues that the challenge is to articulate a regulatory framework that is based on a clear and consistently applied ethical perspective, and in which clinical risks are addressed transparently. It suggests that states should aim for regulatory regimes based on respect for human rights rather than local morals, and it warns against the dangers of using the precautionary principle on the context of human rights review. In the final part of the chapter, these arguments are applied to the 2006 Opinion of the Dutch Health Minister on PGD.

Keywords:   precautionary principle, pre-implantation genetic diagnosis, PGD, World Trade Organization, WTO, GMOs

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