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Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary

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Version 2 2023-06-12, 09:35
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journal contribution
posted on 2023-06-12, 09:35 authored by Aurélie Mahalatchimy, Pin Lean Lau, Phoebe LiPhoebe Li, Mark L Flear
Gene-editing technologies, ie those able to make changes in the DNA of an organism, are the object of global competition and a regulatory race between countries and regions. There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies. This article examines the imaginary built into the framing of EU-level legal regulation of human gene-editing technologies and identifies its three key related facets: the tension around naturalness; safeguarding morality and ethics; and the pursuit of medical objectives for the protection of human health. Concerns around the use of gene-editing technologies in relation to eugenics and human enhancement have produced a multifaceted imaginary. We argue that this imaginary not only places a limit on EU-level regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.

Funding

Biomodifying technologies: Governing converging research in the life sciences; G2501; LEVERHULME TRUST; RPG-2017-330

Biomodifying technologies and experimental space: organisational and regulatory implications for the translation and valuation of health research; G2291; ESRC-ECONOMIC & SOCIAL RESEARCH COUNCIL; ES/P002943/1

History

Publication status

  • Published

File Version

  • Published version

Journal

Journal of Law and the Biosciences

ISSN

2053-9711

Publisher

Oxford University Press

Issue

2

Volume

8

Page range

1-30

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Centre for Global Health Policy Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2020-11-12

First Open Access (FOA) Date

2021-08-17

First Compliant Deposit (FCD) Date

2020-11-12

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