Genomic Security in the Criminal Policies of the BRICS Countries

Abstract

This article is devoted to the legislative regulation, court practice, and criminal policy in the field of genomic security within the jurisdiction of the BRICS countries. Researchers examine China’s experience with national legal regulation on matters related to genomics, the legal practices regarding genomic security in India, and the legal experience with genetic regulation of South Africa. For the longest time, the Chinese model of legal regulation had remained in its infancy; however, the high-profile case of a biologist named He Jiankui, who genetically edited the human genome, raised ethical issues that necessitated urgent legislative settlement. As a result, amendments were introduced to the criminal and civil codes and stricter state control was established over the research activities of scientists and the licensing of clinical trials. In South Africa, for instance, tribal genomic sovereignty is protected by local laws. Nevertheless, the free circulation of genetic data is a cause for concern, licensing control by the South African government is not adequately developed, and there is a lack of sufficient knowledge and training among scientists.

Keywords

• brics
• ethics
• legal regulation
• security
• human rights
• criminal policy
• biotechnology
• genome
• dna
• gene editing
• crispr
• reproductive medicine
• genomic