International Legal Framework for the Application of Genetic Technologies: Main Features and Issues Open for Discussion

Abstract

The objective of the present article is to determine the specific characteristics of the established international legal framework for the application of genetic technologies and to identify general guidelines that influence states' policies in this area. Genetic technologies evolve rapidly, raising a number of ethical and legal issues and directly affecting human rights. At the universal level, there is still no international treaty containing uniform rules in this field. At the regional level, the experience of the Council of Europe deserves further study. National approaches to the legal regulation of applying genetic technologies differ since States retain a great deal of discretion in regulating these issues. Though the Council of Europe Member States enjoy a margin of appreciation in regulating the use of genetic technologies, a number of common distinctive features underlying the international legal framework in this area can still be singled out. These are informed consent, prohibition of reproductive human cloning, prohibition of germ line modification with certain exceptions. They arise primarily from the Oviedo Convention, the Protocols thereto and the ECtHR practice. Soft law documents adopted at the UN, UNESCO and the Council of Europe contribute to the process of their formation, too, but to a lesser extent. The efforts undertaken at the European and universal level shape modern international legal regulation in the field and set up the course of action for States to follow.