THE CONSTITUTIONAL DOCTRINE OF HUMAN DIGNITY IN REPRODUCTIVE TECHNOLOGIES Cover Image

THE CONSTITUTIONAL DOCTRINE OF HUMAN DIGNITY IN REPRODUCTIVE TECHNOLOGIES
THE CONSTITUTIONAL DOCTRINE OF HUMAN DIGNITY IN REPRODUCTIVE TECHNOLOGIES

Author(s): Irina Krylatova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Ethics / Practical Philosophy, Philosophy of Science, Health and medicine and law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Human Dignity; Bioethics; Genetic Engineering; Embryo Research; Public Policy;

Summary/Abstract: Constitutional scholars who deal with classical liberties and rights call into question of the status of new generation of rights arisen from transformative techonilogies. As a result a new doctrine of bio constitutionalizm has appeared (Jasanoff, S., ed. 2011. Reframing Rights: Bioconstitutionalism in the Genetic Age. Cambridge, MA: MIT Press), which suggests that basic categories for the allocation of rights and duties in law and policymaking are redefined together with and through specific and technological ways of understanding and intervening in life. Mentioned above core law and ethical dilemmas are vividly highlighted in reproductive technologies. Despite the policy of favoring genetic engineering it is necessary to involve a reasonable scheme of regulation with recognition of the universalism of human dignity and moral status of embryo. So, in my paper I will answer the following questions: Does the recognition of «full moral respect» of embryo provoke conflicts among different constitutional and international norms? Does the invisibility of human dignity and level of its respect concern all reproductive rights or is it limited to certain categories? Furthermore, I would like to clarify the very controversial issue of using human embryo with the purpose of human enhancement. Are there compatible ways of the existing biomedical science policy, constitutional doctrine of human dignity and constitutional national policy?