Specific Issues of Criminal Protection in the Field of Genetics: International and Spanish Experience

Abstract

Abstract Background: Methods for combining cloning techniques with genetic engineering techniques (gene manipulation) are currently being developed in order to enhance predetermined biological or mental characteristics. Admissibility of conducting research on human embryos is justified by the fact that it will help to improve the human species and free it from serious diseases. However, two competing rights stand in the way of legality of this practice. On the one hand, the right of a human embryo to development and life. On the other hand, the right of mankind to use all scientific means to fight more effectively against diseases and to receive organs and tissues for transplantation to improve the quality of life. Some researchers believe that human life, if regarded as a moral value, cannot be absolute. Aims and Objectives: This paper examines the relevant legislation on both international and national levels and the Spanish doctrine in terms of defining acts against genetics and evaluating effectiveness to criminalize them in order to ensure the balance between medical ethics and community best interests. Materials and Methods: This study is a description paper on gene-manipulation regulation in Spain, the EU and worldwide. It is based primarily on genetic, systematic-functional and systematization methods with regard to special legal ones. Results and Conclusion: There is a wide of international, supranational and national acts that governs gene manipulation and secures society from illegal actions. Still, there are vague issues to revise either by enacting amendments or referencing to doctrine. The perfect way to ensure community interests is to elaborate both.