Cloning: Normality and Pathology (Criminal Law Issues)

DOI

10.2991/assehr.k.201205.053How to use a DOI?

Keywords

cloning, biotechnology, legal regulation, embryo, right to life, criminal law, responsibility

Abstract

The rapid development of the field of biomedical technologies, which is increasingly in conflict with a whole set of ethical and legal principles, on the one side, clearly shows the unreadiness of society and law for such fast development of science and the level of intervention in the very essence of man, and on the other - the lag of legal science and practice in assessing and understanding human rights in this area. In this regard, the author of the article draws attention to the significant gap in the existing legal regulation of human cloning in domestic legislation. The statutory ban on human cloning formulated in this way is not only temporary but has not yet been fully reflected in the regulatory and protective legislation, which in itself is a prerequisite for the inefficiency of its implementation. The author notes the limitations of scientific research in this area, most of which is reduced to the study of medical and ethical problems. This has a significant contradiction with global trends in the development of legal mechanisms regulating human cloning, including from the position of countering crimes in the field of cloning and reproductive technologies. Taking into account the preventive and protective purpose of criminal law, the author defends the need not only to develop a criminal law mechanism for countering criminal manifestations in this area but also to update scientific works in the field of the implementation of the most important human right – the right to life, which acts as a starting point in regulating criminal liability for attacks in the field of cloning and reproductive technologies. In this regard, the author justifies the need to review the existing legal approach to determining the beginning of life, taking into account possible achievements in the field of biotechnology, and the development of a special legal regime for the criminal protection of human embryos.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Yu. V. Radosteva
PY  - 2020
DA  - 2020/12/07
TI  - Cloning: Normality and Pathology (Criminal Law Issues)
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 304
EP  - 310
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.053
DO  - 10.2991/assehr.k.201205.053
ID  - Radosteva2020
ER  -