研究与人权-人类基因组的替代和干扰

Kalomoira Sakellaraki
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摘要

生物技术和生命科学的发展导致了研究努力与人类尊严之间的冲突。人们提出了关于生物技术实践的问题,不仅在治疗方面,而且在研究方面。基因技术是指能够干扰细胞核中发现的基因结构的方法。所有这些信息的主体就是个体的基因组。通过绘制基因组图谱,现在有可能诊断出人类在出生后和一生中可能出现的遗传性疾病和异常。这种技术和研究不仅会导致胎儿因异常而被排除在外的消极优生学,而且也会导致积极优生学,因为选择了完美的人进行植入。因此,法律面临的是终身损害。这种情况导致颁布了一项法律,规定生命本身值得/有价值,而承认个人生来不具有个人价值的权利是不相容的。相反,有人认为,个人既不能屈从于人类属的超越性价值,也不能取消个人就使生活困难的健康问题诉诸司法的权利。然而,这一过程似乎导致了对人类物种的异质定义,并不可避免地降低了人类的尊严,因为差异性原则被废除,健康的模式被创造出来。典型的例子是欧洲委员会第932号建议,该建议指出,因为一个人有生命权和人的尊严,所以一个人有不可改变的遗传特征的权利。
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Research and Human Rights – Surrogacy and Interference in Human Genome
The development of biotechnology and life sciences has led to a clash between the endeavor for research and human dignity. Issues have been raised about biotechnological practices, not only for treatment but also for research. Genetic technology refers to the methods that make enable the interference in the structure of the genes that are found in the cell nucleus. The body of all this information is the individual's genome. By mapping the genome, it is now possible to diagnose hereditary diseases and abnormalities that humans might develop after their birth and during their lifetime. Such techniques and investigations lead not only to negative eugenics by the fetus' exclusion due to an abnormality, but to a positive one as well because perfect humans are chosen for implantation. Law, therefore, faces life as damage. Such cases have led to the enactment of a law which stipulates that life deserves/is worth per se, and the recognition of the individual's right not to be born with the value of individual is incompatible. On the contrary, it is argued that neither can the individual submit to a transcendent value of the human genus nor can the individual right to resort to Justice for a health problem that makes life difficult be annulled. Nevertheless, it appears that such a process leads to the hetero-definition of the human species and inevitably to the abasement of human dignity, since the principle of dissimilarity is abolished, and healthy patterns are created. Typical is the case of Recommendation 932 of the Council of Europe, which states that as a person has the right to life and human dignity, so one has the right to unchangeable hereditary features.
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