Γενετική τεχνολογία και ιατρική ευθύνη ως προς την εφαρμογή της
Ιατρική γενετική -- Δίκαιο και νομοθεσία Ιατρική ηθική Υποβοηθούμενη αναπαραγωγή -- Δίκαιο και νομοθεσία Υποβοηθούμενη αναπαραγωγή -- Ηθικές απόψεις Ανθρώπινη αναπαραγωγή -- Δίκαιο και νομοθεσία Ιατρική -- Έρευνα -- Δίκαιο και νομοθεσία Ιατρικό δίκαιο και νομοθεσία -- Ελλάδα Medical ethics Human reproductive technology -- Law and legislation Human reproductive technology -- Moral and ethical aspects Medical genetics -- Law and legislation Human reproduction -- Law and legislation Medicine -- Research -- Law and legislation Medical laws and legislation -- Greece
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
For the last years there’s been a flurry of technological evolution of biology and biomedicine which produced international and national legislative mobilization in order to regulate these issues.Part of this development is the artificial insemination which was taking place before the requisite legal frame even existed.For that reason, Greek legislation trying to follow up the continuous and rapid developments regarding genetics as well us the perspectives and the hazards that this evolution creates, seek to regulate, within a period of just two years, matters touching upon medically assisted reproduction, introducing laws 3089/2002 and 3305/2005.Both statutes regarding medically assisted reproduction have been formulated within the framework of the principles and values endorsed by the Greek Constitution, the European Convention on Human Rights and Biomedicine and the additional protocol, which have been incorporated into Greek law. The interests of the child are also protected by the international Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union.The first law, 3089/2002, resolved basic questions regarding “Medically Assisted Human Reproduction” and regulated the ensuing consequences for the institutions of kinship and inheritance.The second law 3305/2005 provided solutions to issues regarding the preconditions for using methods of medically assisted reproduction, the availability and handling of genetic material, insurance coverage and the establishment and operation of Medically Assisted Reproduction Clinics and Cryopreservation Banks. Furthermore, law 3305/2005 provides for the creation of an independent national administrative authority with jurisdiction over146biolaw. Finally, provides for administrative penalties and for penal sanctions in the event that its provisions are violated.The basic concept though and the most important element in the field of penal law is the concept of vested rights (goods) and the insult of them “legalizes” a drastic social reaction in the form of penalty. For this reason in every penal provision a clear and lucid definition of the vested right that is being protected is needed in order to avoid the penal law becoming the means of appeasement of every fear and prejudice.The rather strict sanctions that the law provides for, in case of breaking the law, lead to the thought that the legislator’s will was to establish the genetic material as a vested right which has a separate existence and in order to transmit a sense of security to the people for the new methods’ use. The question that arises is the following: is the genetic material protected as a thing or as a potential human being?Although this particular law has tried to offer a solution in the direction of penal protection of genetic material on the other hand, widens the field of medical responsibility, which is analyzed in civil, penal and administrative.Despite the fact that the above laws regulate in great detail the procedure of medical assisted reproduction and the limits on accepted doctor’s participation in it, they also create insecurity because of the strict penal sanctions which at some point are disproportionate to the action.Furthermore, the penal trials are accompanied by civil ones, which are followed by the award of enormous indemnities when the application of the methods of medical assisted reproduction appears to have even more significant difficulties and complications compared to other categories of medical services.A fear is created, that the rather strict penal provisions will become an obstacle to the biogenetic progress in our country and that they, for sure, will not prevent the application of these methods either illegally or in other countries with a more “tolerant” legal frame.147148In conclusion, the law has to succeed in compromising the technological advances in genetic material manipulation made by biology and biomedicine and the principles of bioethics by creating rules which are reflecting the general and collective will.The law has to protect the patient but also must not disorient the doctor who instead of trying to succeed in protecting the patient, will try to protect himself from possible charges and lawsuits.Besides, what is never going to change is the substance of the special relationship between the doctor and the patient and the only desirable is this relationship to remain founded in true confidence and mutual respect which secures the truly “consensus”.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ποινικό Δίκαιο και Θεωρία του Δικαίου, [2009;]