Montgomery, JR;
(2018)
Modification of the human genome: Human rights challenges raised by scientific and technological developments.
In:
(Proceedings) 20th Anniversary of the Oviedo Convention: relevance and challenges.
Council of Europe: Strasbourg, France.
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Abstract
The genesis of Human Rights Conventions brings together the messy world of politics and the reflective activities of academia to co-create a new normative order. In their operation they can play a conservative role, using the textual formulations of the past to judge the present and limit imagined futures. They may also operate as living documents, supported by institutional activity and nurturing a methodology for scrutiny and deliberation in the face of new challenges. Such an approach aims to preserve the spirit of the value tradition against those who would dilute it, while avoiding its fossilisation into the letter of past formulations in ways that undermine social justice by blocking the application of science and philosophy for the common good. The question of human genome modification that is now before us invites consideration of how the ban in Article 13 of the Oviedo Convention should be understood, taking into account the preamble and with regard to Articles 15 and 28. It is argued that the genealogy of Article 13 shows that its apparent simplicity obscures the fact that the Convention’s creators were acutely aware of the contingencies that made their drafting task difficult. Further, developments in human rights law suggest the need for a clearer exposition of the meaning and basis of the prohibition of germline modifications. To revisit the terms of Article 13 would be true to the values underpinning the Convention, and there should be a broad an informed public debate about the best way to articulate them in the face of current scientific developments.
| Type: | Proceedings paper |
|---|---|
| Title: | Modification of the human genome: Human rights challenges raised by scientific and technological developments |
| Event: | 20th Anniversary of the Oviedo Convention: relevance and challenges |
| Location: | Strasbourg |
| Dates: | 24 October 2017 - 25 October 2017 |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.coe.int/en/web/bioethics/20th-annivers... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10057969 |
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