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Equitable Access to Human Biological Resources in Developing Countries - Benefit Sharing Without Undue Inducement (Hardcover, 1st ed. 2016)
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Equitable Access to Human Biological Resources in Developing Countries - Benefit Sharing Without Undue Inducement (Hardcover, 1st ed. 2016)
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The main question explored by the book is: How can cross-border
access to human genetic resources, such as blood or DNA samples, be
governed in such a way as to achieve equity for vulnerable
populations in developing countries? The book situates the field of
genomic and genetic research within global health and research
frameworks, describing the concerns that have been raised about the
potential unfairness in exchanges during recent decades. Access to
and sharing in the benefits of human biological resources are
aspects not regulated by any international legal framework such as
the Convention on Biological Diversity, which applies only to the
exchange of plants, animals and microorganisms, as well as to
associated traditional knowledge. Examples of genetic research
perceived as exploitative are provided in order to illustrate the
legal vacuum concerning the global governance of human genetic
resources. The main conclusions drawn from the legal and ethical
analysis are: * Benefit sharing is crucial in order to avoid the
exploitation of developing countries in human genetic research. *
With functioning research ethics committees, undue inducement is
less of a concern in genetic research than in other areas of
medical research (e.g. clinical trials). * Concerns remain over
research involving indigenous populations; accordingly,
recommendations are provided. In drawing these conclusions, the
book addresses in detail a highly pressing topic in global
bioethics and international law. In this regard, it combines
bioethical arguments with jurisprudence, in particular with
reference to the law of equity and the legal concepts of duress
(coercion), unconscionable dealing, and undue inducement.
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