Is a Transcultural Law for Human Genetics and Biotechnology Possible?

Abstract

In this contribution the author suggests the necessity to find a new focus to the law related to genetics and biotechnology. Phenomena like globalization are not equal to the process of universalitation of values and goods to be protected by law. For a juridical approach to these matters it seems necessary to explore first the scientific and cultural contexts involved. Transculturality is an acceptable way to try to find common values that could be relevant to elaborate a universal legal framework for genetics and biotechnology. Then there is framework for harmonization, but giving anyway priority to universal recognized human rights. Human rights also present an objective dimension that permits through them the protection of realities or situations independent of the possibility of accepting the existence of a subject titleholder of a specific right. The challenge nowadays is to be able to recognize to human rights also a collective perspective. For Criminal Law specifically there is needed to avoid the recourse to a merely symbolic Law, in reference to which the legislator is more worried about expressing a moral and social rejection towards certain activities and to calm society than for an effective legal persecution of the same (as some are still in the future)