Hacia un Derecho transcultural para la Genética y la Biotecnología humanas

Abstract

In this contribution the author suggests the necessity to find a new focus to the law related to human genetics and biotechnology. Phenomena like globalisation are not equal to the process of universalisation of values and goods to be protected by law. For a juridical approach to these matters it seems necessary to explore first in which scientific and cultural context are developing them. Transculturality is an acceptable way to try to find common values that could be relevant to elaborate a universal legal framework for genetics and biotechnology. Then there is framework for harmonisation, but giving anyway priority to universal recognised human rights. Human rights also present an objective dimension that permits through them the protection of realities or situations independent of the possibility of accepting the existence of a subject titleholder of a specific right. Another challenge nowadays is also to be able to recognize to human rights also a collective perspective. For Criminal Law specifically there is needed to avoid the recourse to a merely symbolic Law, in reference to which the legislator is more worried about expressing a moral and social rejection towards certain activities and to calm society than for an effective legal persecution of the same (as some are still in the future).