Biotechnology poses in its various aspects of genetic engineering new ethical and legal problems which concern essential questions of the rule of law. Human genetic technology comprises new reproduction techniques, production of human stem cells, intervention into the human germ line or the cloning of human beings. While the latter are mostly prohibited by international conventions and in some recent constitutional texts, new ‘reproductive liberties’ (like in-vitro-fertilization: IVF) are controversially discussed in literature and case law. The main focus lies on human dignity linked with the aspect of autonomy and self- determination of the person concerned. The prior voluntary and informed consent of any intervention is a procedural safeguard to protect human dignity and autonomy. The substantial aspect of the rule of law lies primarily in safeguarding the human rights as dignity, liberty, right of privacy and family life; the formal aspect (legal reservation and primacy of law and constitution) concerns the legislator in balancing the different rights and values in a proportionate and transparent manner.

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Risks of Biotechnology and the Rule of Law

  • Albrecht Weber

摘要

Biotechnology poses in its various aspects of genetic engineering new ethical and legal problems which concern essential questions of the rule of law. Human genetic technology comprises new reproduction techniques, production of human stem cells, intervention into the human germ line or the cloning of human beings. While the latter are mostly prohibited by international conventions and in some recent constitutional texts, new ‘reproductive liberties’ (like in-vitro-fertilization: IVF) are controversially discussed in literature and case law. The main focus lies on human dignity linked with the aspect of autonomy and self- determination of the person concerned. The prior voluntary and informed consent of any intervention is a procedural safeguard to protect human dignity and autonomy. The substantial aspect of the rule of law lies primarily in safeguarding the human rights as dignity, liberty, right of privacy and family life; the formal aspect (legal reservation and primacy of law and constitution) concerns the legislator in balancing the different rights and values in a proportionate and transparent manner.