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The UNESCO Universal Declaration on Bioethics and Human Rights: protecting future generations and the quest for a
1School of Law, Liverpool. John Moores University, Liverpool, United Kingdom.
Medicine and Law
|February 11, 2009
Summary
The Universal Declaration on Bioethics and Human Rights is assessed and found unsuitable for regulating biotechnology. A legally binding international instrument for future generations is evaluated.
Area of Science:
- Bioethics
- Biotechnology Law
- International Human Rights Law
Background:
- Ectogenesis, coined in 1924, has been paralleled by major biotechnological advancements like in vitro fertilisation and gene sequencing.
- These advancements present both significant benefits and potential risks, necessitating careful ethical and legal consideration.
- The Universal Declaration on Bioethics and Human Rights (UDHR) emerged in this context.
Purpose of the Study:
- To critically evaluate the suitability of the UDHR as an international regulatory framework for emerging biotechnologies.
- To assess the UDHR's efficacy in protecting future generations from potential biotechnological harms.
- To explore the feasibility of establishing a new, legally binding international instrument.
Main Methods:
- Critical analysis of the UDHR's provisions in relation to contemporary biotechnology.
- Review of ethical and legal scholarship on ectogenesis and related fields.
- Evaluation of existing international law and governance mechanisms for biotechnology.
Main Results:
- The UDHR is argued to be an inadequate instrument for the specific challenges posed by modern biotechnology.
- Concerns are raised regarding the Declaration's capacity to effectively safeguard future generations.
- The feasibility of a global consensus for a new, binding international treaty is examined.
Conclusions:
- The current UDHR requires significant revision or replacement to address biotechnological advancements effectively.
- A new, legally binding international instrument is likely necessary for robust governance.
- Achieving global consensus for such an instrument presents considerable challenges but is crucial for ethical biotechnology regulation.
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