Pulling A Newborn's Strings The Dignity-Based Legal Theory Behind the European Biomedicine Convention's Prohibition on Prenatal Genetic Enhancement.

摘要

The emerging technologies of prenatal human genetic enhancement give to third parties the unprecedented power to design newborn genetic traits such as eye and skin color, intelligence, and emotional profile. The literature has not provided any answers to the question as to why these genetic enhancement technologies are prohibited by the European Biomedicine Convention. This thesis will demonstrate, by way of legal theory, that the prohibition on prenatal genetic enhancement is thoroughly justified on grounds that it violates the human right to dignity, as expressed in Kantian philosophy. In light of Kant's Philosophy, genetic interventions for designing identity-related characteristics treat human beings instrumentally, to satisfy the desires of others, as mere means and not as ends in themselves. This thesis offers a deeper understanding of the law and policy regarding the prohibition on human genetic enhancement in order to safeguard future generations in the wake of a brave new world.