Pannoniana (Dec 2020)
Genetically Designed Victory? – Genetics, Sport and Legal Determination
Abstract
Certain gene variants in the human genome (polymorphism of common genes or alleles) give a comparative advantage in performing physical activities. Some of them are directly related to the structure of skeletal muscles and the ratio of white and red fibres in them. It has long been known that marathoners have a different body constitution than sprinters and that the endurance of the former is based on lower body mass and a high percentage of red muscle fibres, and the explosive power of the latter on larger muscles and the percentage of white muscle fibres. The genetic makeup of muscle is not the sole source of athletes’ advantage - genes that control the stress response affect physical strength but also the mental ability to cope with the pressure. Moreover, in sports competitions, genetic variations that lead to disease and, ultimately, injury or even death may give some specific physical advantage. In the case of Marfan’s syndrome, persons with this gene variant have long limbs and elastic joints, which is preferred especially in ball sports, which makes them recognized by coaches. Unfortunately, playing sports increases their risk of dilatation and dissection of the aorta, as a result of its wall extensibility. T he human body has its physical limits that can be pushed by strenuous training. This stretching of the ‘physical boundaries’ must be paired with a suitable regeneration time for the effect to be greater than the possible damage. Also, time for regeneration is often denied to the most successful competitors who enter from one round of the competition to the next - as is the case at the World Cup. In plenty of cases, success is traded with speedy metabolic aging and deterioration of health due to injuries. Given the fact that the value of top athletes is measured by money and reputation, there is an understandable interest in new methods to make their careful selection and personalize their training and diet. Our current understanding of molecular genetics is at such a stage that its application is possible and a tempting option for top sports. The advent of CRISPER technology goes a step further and allows the design of as yet unseen human abilities. Although the genetic application is in its infancy, sport organizations have to take a stand on which tests and which interventions are bioethically justified in sport competition and which are absolutely unacceptable. T he big question is – what is a legal regulation of the same issue? Is the law following (bio)ethically determined state? Generally speaking, it is important to investigate what are exact legal acts that are connected with genetics in the f irst place and then with the combination of genetics and sport. Also, the goal is to examine whether the relevant legal acts are forbidding any kind of altering of human genome, in general and in sport. Can it be said that the law is one of the major stopping-mediums and “dams” of the complete genetic research that tends to be transhuman?
