Daño genético: Definición y doctrina a la luz del bioderecho

Genetic technology is recent in human history and its scopes and consequences cannot be foreseen either with certainty or scientific evidence. However, current human ability to do practically everything through biomedical experimentation raises a huge responsibility in legal terms: to identify new k...

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Bibliographic Details
Main Authors: Valdés, Erick, Puentes, Laura Victoria
Format: Article
Language:Spanish
Published: Universidad de Los Andes Colombia 2014
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=4759749
Source:Derecho Público, ISSN 1909-7778, Nº. 32, 201425 pags.
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Summary: Genetic technology is recent in human history and its scopes and consequences cannot be foreseen either with certainty or scientific evidence. However, current human ability to do practically everything through biomedical experimentation raises a huge responsibility in legal terms: to identify new kinds of harms in reparation (for instance, genetic harm), which were never recognized by traditional positive law since when this was conceived, genetic techniques did not exist. This paper defines genetic harm as a new category of harm integrated into the intangible reparative item of health harm (with the purpose of including it into the Colombian legal order), points out key doctrinarian elements for it to be understood, and explores its epistemological and methodological relationships to biolaw, whose doctrine has been recently created at Georgetown University by one of this paper�s authors.