Symbolic Legislation and the Regulation of Stroke Biobanking and Genomics Research in Sub-Saharan Africa

Muyiwa Adigun1, Babatunde Ojebuyi2, Joshua Akinyemi3

  • 1Department of Public Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria.

The Theory and Practice of Legislation
|February 24, 2022
PubMed

Insights

Genomic research and stroke bio-banking in Sub-Saharan Africa (SSA) face legal gaps. New legislation is needed to address consent, sample ownership, and commercial use, ensuring ethical research practices.

Area of Science:

  • Genomics
  • Biobanking
  • Public Health Law

Background:

  • Stroke is a leading cause of death in Sub-Saharan Africa (SSA), with genetic factors implicated.
  • Stroke bio-banking and genomics research initiatives are emerging in SSA.
  • Existing research primarily addresses stroke's causes, incidence, and effects, neglecting legal aspects.

Purpose of the Study:

  • To examine the legislative regulation of genomics research and stroke bio-banking in SSA.
  • To identify and address critical legal issues in stroke bio-banking and genomics research.
  • To propose a legislative framework for regulating these research areas in SSA.

Main Methods:

  • Analysis of existing legal and regulatory frameworks in SSA concerning bio-banking and genomics.
  • Application of the theory of symbolic legislation to advocate for legislative intervention.
  • Review of germane issues including consent, sample ownership, commercialization, and data sharing.

Main Results:

  • Significant legal gaps exist in SSA regarding stroke bio-banking and genomics research.
  • Current regulations are often absent, outdated, or difficult to navigate.
  • Key issues like consent, ownership, and commercial use lack satisfactory legal provisions.

Conclusions:

  • Legislative intervention is crucial for regulating stroke bio-banking and genomics research in SSA.
  • A positive symbolic legislative approach is recommended, focusing on policy issues with detailed explanatory notes.
  • Statutes should be adaptable, incorporating local ethical guidelines such as those from H3 Africa and relevant case law.