Estudio doctrinario, jurídico y de campo de la aplicación del derecho genético en la legislación civil ecuatoriana.- propuesta de reforma al código civil

Content Provider	Semantic Scholar
Author	Reinoso, Oñate Alberto, Santiago
Copyright Year	2015
Abstract	The advancement of science and technology and especially the many applications and uses of biotechnology has determined that the science of law has as one of its branches very new to the so called Genetic law, which in the words of scholar Enrique Varsi Rospigliosi is "the branch the law governing the development of genetic science and its influence on human beings. That is, it is required to examine and regulate all technical or scientific activities related to the genetic makeup of man." But indeed, the growing international concern for the problems generated by advances in biology and, in particular, medicine led to shape an emerging branch of law: "International Law of Bioethics", which aims to form a set of principles that are beyond the existence of closed borders. The European Convention for the Protection of Human Rights and Dignity of the Human Being off the Application of Biology and Medicine, and the UNESCO Universal Declaration on Human Rights and the Human Genome are two strong policy holders This novel legal branch. The Genetic law it aims to regulate adequately the developments and applications of Biotechnology and Genetic Engineering, adjusting for this effect genomic research, genetic interventions in the germ line and somatic, the patenting of genes, genetic manipulation, the techniques of assisted reproduction, etc., and the respective legal consequences that such practices can produce. Moreover, we strongly believe that this work of regulation should not be limited to qualify this or that behavior as an infringement of the rights that we hold all the inhabitants of this planet, but must also face the challenge of reformulating conscientious and meticulous definition and conceptualization Human Rights and the Right to Life, Right to Information, Right to Dignity and the Right to Humane, who suffered a serious setback as a result of genetic discoveries. For these reasons, it is necessary not to waste time in amazement and admiration, thinking regulate spectacular phenomena that are sometimes not even possible, and we need to act within a framework of interdisciplinary collaboration for the jurist, with the information some proper regulate scientific developments that are a reality in our daily lives and that happen outside the legal order, sometimes bypassing central to social life social and legal rights. Just as an example, for our country the issue of assisted reproduction, and more specifically in vitro fertilization, to be a daily reality still lacks adequate regulation defining precisely the consequences of a legal, as well as social consequences and personal must also contemplate and regulate the right. The Ecuadorian Constitution guarantees the development of good living and the rights of nature, guarantees that would be a dead letter without a legal regulatory framework in Genetic law, safeguarding nature, the health of the population and genetic diversity.
File Format	PDF HTM / HTML
Alternate Webpage(s)	http://dspace.unl.edu.ec/jspui/bitstream/123456789/10891/1/DERECHO%20GENETICO.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article