Human cloning and personality rights / Clonagem humana e direitos da personalidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The scientific advancement of biotechnology, particularly the development of human cloning techniques, has made urgent and crucial the analysis of its ethical and legal implications. The present study aims to investigate emerging questions concerning both therapeutic and reproductive techniques of human cloning in the light of personality rights. In addition, arguments that aim for establishing what is legal and illegal in this field are also discussed. A thorough confrontation of personality rights with several aspects of both therapeutic and reproductive human cloning has been carried out by using the successive questioning method, which has revealed that these new technologies violate essential rights such as the right to life, psychological and physical integrity, self-image, personal identity, intangibility of the genetic heritage, liberty and equality. Prohibition of human cloning has already been guaranteed by the new Brazilian Bio-Security Law (11.105/2005), and similar restrictions are also present in foreign laws. Regarding reproductive human cloning, limitations are evident in the current legal system which is not prepared to accommodate these new asexual human reproduction techniques and compels a new set of paradigms for the family rights and rights to inheritance, especially concerning the definition of parenthood and other family relations. A critical assessment of reproductive and therapeutic human cloning under bio-ethical principles only reinforces ones position against both categories. After considering the practical consequences of human cloning on the personality rights and evaluating the necessity to protect such rights, it becomes evident that the banning of human cloning is mandatory in order to constrain the violation of the essential rights as well as to preserve human dignity

ASSUNTO(S)

personalidade (direito) biotecnologia direitos da personalidade clonagem terapêutica legal issues in biotechnology clonagem humana biotechnology genetic heritage clonagem humana reprodutiva direito civil reprodução humana assistida patrimônio genético therapeutical cloning assisted human reproduction biodireito reproductive human cloning personality rights

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