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The first IVF baby was born in the 1970s. Less than 20 years later,
we had cloning and GM food, and information and communication
technologies had transformed everyday life. In 2000, the human
genome was sequenced. More recently, there has been much discussion
of the economic and social benefits of nanotechnology, and
synthetic biology has also been generating controversy.
This important volume is a timely contribution to increasing calls
for regulation - or better regulation - of these and other new
technologies. Drawing on an international team of legal scholars,
it reviews and develops the role of human rights in the regulation
of new technologies. Three controversies at the intersection
between human rights and new technology are given particular
attention. First, how the expansive application of human rights
could contribute to the creation of a brave new world of choice,
where human dignity is fundamentally compromised; second, how new
technologies, and our regulatory responses to them, could be a
threat to human rights; and, third, how human rights could be used
to create better regulation of these technologies.
Health is a matter of fundamental importance in European societies,
both as a human right in itself, and as a factor in a productive
workforce and therefore a healthy economy. New health technologies
promise improved quality of life for patients suffering from a
range of diseases, and the potential for the prevention of
incidence of disease in the future. At the same time, new health
technologies pose significant challenges for governments,
particularly in relation to ensuring the technologies are safe,
effective, and provide appropriate value for (public) money. To
guard against the possible dangers arising from new health
technologies, and to maximize the benefits, all European
governments regulate their development, marketing, and public
financing. In addition, several international institutions
operating at European level, in particular the European Union, the
Council of Europe, and the European Patent Office, have become
involved in the regulation of new health technologies. They have
done so both through traditional 'command and control' legal
measures, and through other regulatory mechanisms, including
guidelines, soft law, 'steering' through redistribution of
resources, and private or quasi-private regulation. This collection
analyses European law and its relationships with new health
technologies. It uses interdisciplinary insights, particularly from
law but also drawing on regulation theory, and science and
technology studies, to shed new light on some of the key defining
features of the relationships and especially the roles of risk,
rights, ethics, and markets. The collection explores the way in
which European law's engagement with new health technologies is to
be legitimized, and discusses the implications for biological or
biomedical citizenship.
This book aims to bolster the burgeoning discourse of health and
human rights. In so doing, it charts the history of the linkage
between health and human rights. It also pinpoints the sense of
imperative that surrounds this relationship. More importantly, the
book identifies a series of threats and challenges facing attempts
to link health and human rights and proposes how these might be
addressed. Amongst other things, it asks: is conflict between risk
and rights inevitable in the context of infectious disease control?
Is reproductive choice a bad argument in the context of
reproductive technologies? Is it sensible for human rights to make
use of measurement tools such as indicators? Is the 'cost of human
rights' an argument that can and should be used by proponents of
human rights? The answers it gives to these questions are original
and engaging and will be of great interest to a diverse audience,
including scholars and policy-makers in these areas.
"Whitty, Murphy and Livingstone on Civil Liberties Law is a new and
innovative student text which looks at all the major areas of civil
liberties law. The text deals with fair trial, public order,
terrorism, prisoners, the secret state, privacy, equality and hate
speech and includes the Human Rights Act 1998. It is ideal for
students taking the proliferating number of civil liberties or
human rights courses, as well as those studying constitutional and
public law courses."
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