139
Views
0
CrossRef citations to date
0
Altmetric
Original Articles

The Human Genome and the Law

Pages 87-94 | Published online: 10 Feb 2014

References

  • Suzuki D. T. and Griffiths A. J. F., 1976, An Introduction to Genetic Analysis, (Freeman and Company), chapter 1, Greek translation by K. Kastritsis, M. Pelekanos and K. Triantafyllidis, 1982, 10 if. on Mendel and Mendelism.
  • Its nature was discovered in 1953 by J. Watson and F. Crick; Sheila A.M. McLean, “Interventions in the Human Genome” in Law and Human Genetics, Regulating a Revolution, Ed. R. Brownsword, W. R. Cornish, M. Llewelyn, (Hart Publishing, Oxford 1998). The existence of the DNA was already known; Suzuki and Griffiths, ibid. Its mapping will be almost complete by 2000.
  • Michaud J. L., 1997, “La thérapie génique”, in Droits de la personne: “Les bio-droits” Aspects nord-américains et européens. Direct. Jean Louis Baudouin. Les Editions Yvon Biais,161.
  • McLean, ibid, quoting from W. Bodmer and R. McKie, The Book of Man: The Quest to Discover our Genetic Heritage (Little, Brown and Company, London, 1994), 10, who state: ‘Just six million millionths of a gram o DNA carries as much information as ten volumes of the Complete Oxford English Dictionary’.
  • Suzuki and Griffiths,39.
  • Typical of this situation is the racial legislation of some US states as well as that of some South American states, according to which blacks held the legal status of things. In other words blacks were treated not as subjects entitled to rights, who could perform legal acts, but as objects of such rights, who could thus become the object of a contract such as sale, purchase or exchange. In more recent times genome based differences served to justify the non-acknowledgement of human rights and legalised acts of maltreatment or even extermination, for instance in the case of the legislation of the Nazi state.
  • Such were the cases of the constitutions of the French Revolution, the American constitution and the Greek constitutions of the 1821 national revolution.
  • The preamble of the International Convention of21.12.1965 for the abolition of all forms of racial discrimination explicitly condemns all beliefs, in theory or practice, in superiority on the basis of racial differences as scientifically erroneous, morally objectionable, socially unjust and dangerous. Yet article 1, paragraph 1 stipulates that the convention does not apply to discrimination or exceptions carried out by member states between their subjects and non-subjects, thus leaving to the states the responsibility for any social discrimination taking place within their boundaries.
  • Michaud, ibid.
  • Andras Kovacs, 2000. “Extremism in Europe: Only Their Faces Change!” Justice (Israel) 23:10.
  • Ley 28.12.1988 num. 42/1988 Embriones.
  • Ruth Deech, 1999, “Family Law and Genetics”, in Law and Human Genetics: Regulating a Revolution, Ed. R. Brownsword, W.R. Cornish, M. Llewelyn, (Hart Publishing, Oxford) 120.
  • Michaud, ibid. 162.
  • Amended by article 2 of French law 94–653 on the respect of the human body (du respect du corps humain).
  • In China in particular traditional doctors can determine the sex of an embryo by examining the pulse of the pregnant woman.
  • Deech,111.
  • Deech,117.
  • Papazissi T., 1999, “Artificial fertilisation: Biology and kinship. Intervention in the DNA and forms of in vitro reproduction. Confused demarcation lines between science fiction and reality”. Contemporary Issues in Civil Law beyond the System of the Civil Code. Athens (Sakkoulas), 249
  • In Greece the protocol was approved by ministerial decision, but has not been put into effect, because it has not been ratified by five member states of the Council of Europe, as stipulated in the convention.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.