Transformation of Medical Care through Gene Therapy and Human Rights to Life and Health – Balancing Risks and Benefits

Abstract

Abstract This article is about how somatic gene therapy can be legally regulated and risk assessed as medical treatment when taking the following international human rights conventions into consideration: the right to life in Article 2 of the ECHR and the right to health in Article 12 of ICESCR. The right to life can involve both protection against risky genetic methods and access to necessary health care. In this context, human rights can be a basis for identifying interests that must be considered in a rapid technological development. Focusing mainly on human rights to life and to health, it is argued (1) against a total ban or general moratoriums on gene editing; (2) that regulations should be based on international cooperation and consensus; and that (3) rights to health may involve obligations to provide access to genetic methods.