On the Reasons for Criminal Law Protection of Genetic Dignity

Abstract

The authors attempt to show the reasons that prove the necessity of criminal law protection of genetic dignity. We have witnessed truly «breakthrough» genetic achievements in the recent years, and the negative impact on the processes and results of generic research has intensified. As a result, there arises an inevitable conflict between the goals, methods and means of this research and the so-called human genetic dignity. The authors stress that dignity is traditionally viewed as having the objective and the subjective component. The former reflects an assessment of the person by other people, while the latter is the person’s own assessment of his/her personality. A long-term silence of Russian lawmakers, who are in no hurry to criminalize actions connected with unlawful humiliation of genetic dignity, is hardly justifiable. Other manifestations of criminal activities in the sphere of genetics are also quite real. An absence of criminal law counteraction to manipulations in the sphere of genetic dignity leads to a gap in the legal regulation of prospective trends in the cutting-edge research. As it is well-known, of all the things that human beings are endowed at birth or acquire in the process of development, the most important one, in terms of moral values, is dignity. It is human dignity that obviously and indisputably makes humans different from any other living and conscious beings inhabiting our planet. Due to this, the principle of protecting human dignity is universally recognized at the international level. Genetic dignity, as one of the components of human dignity, is also an inalienable benefit, a special asset. It has no money equivalent and should be protected by criminal law, just like human dignity in general. The influence of social factors on the criminalization of actions connected with infringements on genetic dignity is obvious in the conditions of rapid advancement of genetic research not only in Russia, but also in other countries. Until the results of genetic research are given due criminal law protection, this gap will be filled by extralegal means of regulation.