Правові горизонти (Jan 2024)
BIOMEDICAL ISSUES NECESSITATING LEGAL REGULATION OF GENETICS
Abstract
The article explores the various biomedical issues surrounding genetics that necessitate legal regulation. Genetics is a rapidly advancing field that holds immense potential for revolutionizing healthcare and improving human life. However, with these advancements come ethical and legal concerns that need to be addressed to ensure the responsible and equitable use of genetic technologies. The article analyzes several medical and genetic technologies that are extensively used in modern medicine. Genealogical analysis, genetic testing, genome editing, screening, genetic therapy, cloning and genetic passports are still not perceived by society unambiguously. The appearance and use of these processes can be said to have a direct impact on the population and the gene pool of the population. The use of each of these medical and genetic methods in research creates moral – ethical and legal problems. As practice shows, international legislation and national jurisdictions of some countries regulate only a small part of this issue, which inevitably leads to ethical and legal dilemmas in society. One key issue discussed in this article is the protection of individual privacy and the confidentiality of genetic information. With the increasing availability and affordability of genetic testing, individuals are sharing their genetic data with various entities, including healthcare providers, researchers, and direct-to-consumer companies. This raises concerns about who has access to this sensitive information and how it could be used, such as for genetic discrimination or targeted marketing. Another critical concern highlighted is the potential for genetic discrimination in areas such as employment, insurance, and access to certain services. Employers and insurers may be tempted to use genetic information to make discriminatory decisions, such as denying employment or coverage based on an individual's genetic predispositions. Legal regulations are necessary to protect individuals from such discrimination and ensure equal opportunity for all. Furthermore, the article delves into the ethical implications of genetic engineering and modifications. The ability to edit or manipulate genes raises questions about the boundaries of natural selection, the potential risks and unintended consequences of genetic modifications, and the need for responsible use of these technologies. Legal regulation is necessary to set guidelines and standards for genetic engineering, specifying what is permissible and what is not. The article discusses the importance of informed consent and transparency when it comes to genetic testing and research. Individuals should have the right to understand the implications and potential risks associated with genetic testing before consenting to it. Furthermore, researchers must adequately inform participants about how their genetic data will be used and ensure their data is protected. Legal regulations play a crucial role in ensuring these principles are upheld. In conclusion, this article emphasizes the need for legal regulation of genetics to address various biomedical issues. Informed consent, ethical considerations, genetic discrimination prevention, and individual privacy and confidentiality protection are essential components of a responsible and equitable use of genetic technologies. By establishing legal frameworks that govern the field, societies can maximize the benefits of genetics while mitigating potential risks and ensuring fairness for all. In addition to its comprehensive examination of genetic treatment, this article delves into the legal framework that governs biomedical research in this field. It goes beyond mere discussion of international legislation by conducting a comparative study of different countries' legal systems, providing a profound analysis of the fundamental principles applied across the globe. The importance of addressing these issues in Azerbaijan cannot be overstated, as the country has a notably high percentage of individuals carrying genetic diseases such as thalassemia and hemophilia. This poses a significant risk of future harm to the germline within the Azerbaijani population. Recognizing this, the article emphasizes the urgent need for robust legal regulations in genetics, particularly focusing on the areas where Azerbaijani legislation may have gaps that need to be bridged. It is critical that countries create comprehensive legal frameworks that safeguard their citizens' rights and welfare as genetic research and therapies progress. By examining international legislation and comparing it with the legal systems of various countries, this article provides an extensive analysis that serves as a valuable resource for policymakers and lawmakers in Azerbaijan. Furthermore, the article highlights the potential consequences of inadequate legal regulation in genetic research. With a specific focus on Azerbaijan, it underscores the pressing need to address and mitigate risks associated with the germline. By doing so, the country can ensure the ethical and responsible application of genetic treatments while safeguarding future generations from potential harm. In conclusion, this article takes a comprehensive approach to explore the legal framework regulating biomedical research in genetic treatment. By delving into international legislation and comparing it with different countries' legal systems, it sheds light on essential principles applied worldwide. Recognizing the high prevalence of genetic diseases in Azerbaijan, the article underlines the necessity of addressing gaps in the Azerbaijani legislation and emphasizes the importance of protecting the germline to safeguard the well-being of future generations.
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