Genetica e nuovi diritti fondamentali: dalle dichiarazioni internazionali a salvaguardia del genoma umano all'innovazione delle constituzioni nazionali: verso una tutela globale del patrimonio genetico dell'umanità

Abstract

218

Modern biotechnologies call for new forms of global protection of fundamental human rights. This is because national constitutions and state legislation cannot give adequate answers to current needs, in so far as they are limited by the backwardness of the legislation dealing with fundamental rights charters and the constraints posed by single national contexts. The international contribution to the regulation of 'disposition acts of the human genome' is important in order to identify new principles and rights shared and generally recognized as belonging to humanity as a whole. Unesco’s declarations in this field - The Universal Declaration on the Human Genome and Human Rights, the Declaration on the Responsibility of Current and Future Generations, the International Declaration on Genetic Human Data, the Universal Declaration on Bioethics and Human Rights - represent an initial reference point, embedded within a global discipline far the protection of human identity and genetic integrity, and aimed at combating illicit forms of misuses, appropriation and modification of D.N.A.. The human genome, understood as 'human heritage', thus becomes object of new ‘genetic rights’ held by individuals and humanity, of present and future generations and of a new dimension of diachronic and inter-generational protection of old and new fundamental rights. The character of the common good of the human genome, the importance of sharing the benefits of scientific discoveries in this field, the need to guarantee access to all without prejudice or economic conditioning, and the urgency of avoiding the continuation of harmful actions to individuals and humanity call for a “Treaty for the Sharing and Protection Genetic Heritage of the Planet", which effectively guarantees a speedy global protection of the human genome of these new rights held by humanity.

Keywords

Human Genome, Biotechnologies, Fundamental Rights, Constitution, Unesco, Genetic Biotech Patents, Right of Future Generations.