Article title The Genetic Testing for Health Purposes аnd Biomedical Researches
Authors

Ph.D. dissertation, educator Faculty of Law of Baku State University (Baku, Azerbaijan) hikmet.m.babayev@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2021
Сторінки [245-254]
Annotation

The Article interprets the provisions of the Oviedo Convention and the Protocol on Biomedical Research for Genetic Testing and Biomedical Research for Health Purposes, thereto. The main gaps in the national legislation of Azerbaijan are indicated. Unfortunately, the issues regulated by both the Protocol on Genetic Testing for Health Purposes and the Protocol on Biomedical Research are either not included in the legislation or are referred to very superficially. The Law on Protection of the Public Health can only be adopted as a framework document in the concerned area. Therefore, the Article concludes that in order to regulate the relevant issues, the Law on Genetic Testing for Health Purposes and the Law on Biomedical Research should be adopted.

In this case, Germany as one of the developed countries can be a good example in choosing the best title for the new legal norm and the title of the new law can be also a Law on Genetic Engineering. However, given the global nature of the issue, the regulatory title of the Law from the perspective of the Oviedo Convention and its relevant Protocols may be more systematic. Of course, the ratification of the Oviedo Convention and its respective Protocols can be ensured as a last resort.

 

Keywords biomedicine; international law; bioethics; biotechnology; law
References

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