Response of the law to developments in genetics.
In this article, first of all the potential role of the law with regard to complex developments like those in genetics is examined; a distinction is made between substantive law (for example prohibitions) and procedural law (for example licensing systems), and between statutory and voluntary regulation. In Europe, in particular the parliament of the European Union has called for legislation. Although several European countries have prepared legislation relating to particular aspects (for instance embryo research, genetic screening, use of genetic tests in employment and insurance), in general the response would seem cautious. When legislation is envisaged the outcome of the lawmaking process is not always predictable because of moral pluralism and political pressures. Legislating in this field is hard also for other reasons, such as the pace of development and the difficulty to assess the social consequences of developments. Other problems are the similarity or difference between genetic information and conventional medical information, and the fact that the developments in genetics lay bare more general deficiencies in the social system. With regard to many developments, the response of the law in the immediate future should be to monitor rather than to ban; where possible, self-regulation should be preferred over statutory regulation, and general laws over genetic specific laws. An international level, common principles should be adopted to serve as a framework for national legislation. Nevertheless, in some areas legislation may already be needed: in particular where genetic technologies or their results are being applied outside the regular health care setting, for instance in the form of population screening or testing for insurance purposes.
Faculty of Law, University of Amsterdam, The Netherlands.
J K
JK
Gevers
D004622:Embryo, Mammalian; D005060:Europe; D005062:European Union; D005818:Genetic Engineering / Q000331:legislation & jurisprudence; D005820:Genetic Testing / Q000331:legislation & jurisprudence; D005823:Genetics / Q000331:legislation & jurisprudence*; D015894:Genome, Human; D006801:Humans; D012106:Research