genetic manipulation.
"The creation of identical human beings by cloning or any other method, the implantation of a human embryo in the uterus of a different species or the reverse, the fusion of human gametes with those of other species, the creation of embryos with sperm from individuals different, (...) the ectogenesis or production of an individual and autonomous human being outside the uterus, ie in the laboratory, the creation of children of same-sex sex selection through genetic manipulation for non-therapeutic, the creation of identical twins, research on viable human embryos, experimentation on live embryos are not viable or practical to twitch and tremble. " (Recommendation 1042 of the Council of Europe in 1986).
CONCEPT. The last chapter of this title is brand new, new that we preach not only with respect to the previous Code but compared to most American penal codes. Contains three types of crimes related to biotechnology and bioethics recent development.
is that bioethics has defied the contemporary criminal law, to the great possibilities of manipulation of life, which open in the development of genetic engineering. In our view these three types of crime is committed and protects the constitutional right to human dignity, as the temptation of man to play God, by playing the "creation" is a dream as old as man himself and today, in the XXI century, with the technical level we met decoding the human genome, the question moves from science fiction to reality.
biological sciences and medical developments have made tremendous advances in what he has to do with the development of development of the human map. It happened, for example, for the discovery and synthesis of DNA, the assisted procreation (artificial insemination, in vitro reproduction), organ transplantation, prenatal diagnosis, gene therapy, to decode the human genome, we placed at the doors of the recreation of life, whose predecessor, precursor represented by the cloning of Dolly the sheep.
is then, to protect human beings in their dignity, you can see outraged by the oppression and degradation to be manipulated and species identity. It is assumed that each person is unique and unrepeatable, and should respect their genetic constitution. It speaks of a "genetic heritage" as a World Heritage Site, accepting the possibility of action of genetic engineering to "alleviate the suffering or improve the health of the person and mankind" as stated by Article 132 CP is not an extreme denial of medical research in the field of genetics, but the establishment of a permit limits to safeguard human dignity.
uses genetic engineering just outlined, the possible preventive, diagnostic and treatment are so extraordinary and diverse.
The location of genetic criminal law "among the crimes against life and personal integrity, it should be understood in the sense that personal integrity, not only consists of the anatomical and physiological but also for genetic .
A DIFFICULT CRIME COMMISSION. Managing or manipulating human genes scientists of our time believe they can alter or modify the human hereditary traits, relieving suffering, treating or preventing diseases or genetic disabilities, treatment of endemic defects affecting human groups to date are laboratory experiments that start in medicine and biology. Altering genotype and medical purposes other biologic indicated, involve the handling of any biological process that generates life, which is quite difficult to achieve, although we recognize the extraordinary advances in genetic engineering in recent decades.
Article 132. Genetic manipulation. Which handle altering human genes for different purposes genotype to treatment, diagnosis, or scientific research related to them in the field of biology, genetics and medicine, aimed at alleviating the suffering or improve the health of the person and mankind shall be liable to imprisonment for one (1) to five (5) years.
means treatment, diagnosis, or scientific research related to them in the field of biology, genetics and medicine, whatever is done with the consent of free and informed of the person from whom are genes for the discovery, identification, prevention and treatment of diseases or genetic disabilities or genetic influence, as well as endemic defects and affect a significant proportion of the population.
To determine the legally protected, which regulates and controls human genetic manipulation, we must refer to the fundamental values \u200b\u200bof genetic engineering and biotechnology, understood as the "Technology based on the use of living materials ", ie the use of living organisms or their components in industrial processes especially genetic manipulation.
This new technology is the use of agencies such as DNA, cell fusion that have cleared the way for the breakthroughs in biology, genetics, medicine, food science and the environment in which plant cells had been using their animals with positive results because these findings have improved, no doubt, the quality of human life.
The legal right to protect the human germ cell, ie the pre-embryo or embryo that is seized or handled at the level of genes, understanding the gene as the "unit of hereditary material that is a piece of chromosome from many organisms, encoding information as a sequence of DNA. "
is a criminal type of result, where the conduct involves human reproductive cloning, where it is indifferent to the aim pursued by the author.
The conduct involves the manipulation of human genes so as to alter the genotype and refers to any kind of human gene.
The study does not require a qualified active subject, although in practice it is assumed that given the complexity and sophistication of the respective technical knowledge is required of an author with scientific or professional status, without But This applies only to the perpetrator
ARTICLE 133. REPEATABILITY OF HUMAN BEINGS. Which generate identical human beings by cloning or otherwise, be liable to imprisonment of two (2) to six (6) years.
Clone comes from the Greek "Clone" means offspring. It is a cell line or series of multicellular individuals born from that lineage, is quite homogeneous in terms of their genetic structure.
Clone living is just a futuristic claim.
overwhelmed with scientism Skeptics of our time, we can not repeat a human being, not only in their physicality, but it essentially is a duality of soul in a body and if eventually one is clonable in the future we are convinced that this, not the soul is not can be cloned.
cloning, is a method of cell division, which are generated from identical individuals. The temptation to cloning is closely linked to ideas of greatness and superiority of certain races, who see in it a possibility of selection and purification of the human species.
This article not only prohibits the repetition of things identical by means of cloning, but otherwise, thus anticipating the code to the advent of new methods for genotyping human duplication.
That clone in animal species, not a matter of criminal law, the reason for this statement is matter of principle is that the human being is unique and unrepeatable and therein lies their dignity and freedom.
ARTICLE 134. FERTILIZATION AND TRAFFICKING OF HUMAN EMBRYOS. Fertilize human eggs that different purposes of human procreation, subject of scientific research, treatment or diagnosis having a therapeutic purpose with respect to human subject research, be liable to imprisonment of one (1) to three (3) years.
incur the same penalty which traffics in gametes, zygotes or embryos obtained in any way or any title.
Gametes are the male sex cells (sperm) and female (egg) to fuse into the fallopian tubes to form human life being formed there and the zygote zygote called an embryo.
fertilization or artificial insemination has been said, is achieved by inserting a male gamete medically in the woman's body, also achieved by removing the fallopian tubes, an egg and sperm are merged in an external environment that is called in vitro fertilization.
is said that artificial insemination by either method contrary to the will of women is a crime against individual freedom, Well, trafficking in embryos obtained by the scientific achievements, for-profit and not for research or diagnostic treatment or therapy patients, this crime is enshrined in art. CP 134 may also be committed when artificial insemination is not to benefit the mother's power, but for research not beneficial to humans, as they say they experienced the Nazi doctors to achieve a perfect Aryan race.
human fertilization is restricted to procreation and scientific research, treatment or diagnosis for therapeutic purposes, related to the individual who is under investigation. The ability to create human life can not be left to other purposes that violate their dignity and not that ennobled the species.
whole apparatus of bioethics and genetic right to be developed to confront the delusions of power where it is tempted to drop the human species
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