Abstract
This paper considers children’s rights with respect to genetic enhancement (GE). It is focused on the futuristic prospect of postnatal GE, namely, genetic modifications in vivo, of actual existing individuals. More specifically, the paper examines whether, in a future reality where pre- and postnatal human GE is safely and prevalently practiced, a child would have a right to be genetically enhanced by her parents or guardians, as well as the right not to be genetically enhanced. It is in fact the postnatal phase, inhabited by persons of indisputable moral status, subject of rights against others, which makes the child’s putative right (not) to be genetically enhanced a relevant and legitimate subject of exploration. Since postnatal GE is a futuristic technology, an appropriate, concrete, rights-discourse has not yet been developed. In this paper I therefore, attempt to initiate such discourse, by identifying, through legal analysis, potential sources for the child's right to be genetically enhanced, and theorize theorizing about its nature (derivative, or a newly created independent right; positive or negative right). I begin by considering several (mostly) contemporary candidate core rights, from which the child’s right (not) to be genetically enhanced could potentially derive, ; next, I consider the child’s right not to be genetically enhanced, through ethical analysis; finally, I and then look into the merits of creating such a novel right of the child. I conclude, that the direct translation of the child's interests in being genetically enhanced, into any kind of recognised positive or negative right – whether derivative or a newly emerging independent right – is unlikely. As per the putative child's right not to be genetically enhanced postnatally, I determine that such a right could be recognized as a relative right, balanced against parental autonomy in rearing and shaping one's child.
Highlights
Where more general matters relating to participation in social life are concerned, minorautonomy will typically not apply and full-fledged autonomy will be required, even where the minor is situated on the threshold of majority: for example, a 17-year-old young person wishing to enlist in the U.S military is required to produce parental consent
Should we acknowledge a child’s positive right to postnatal HGE (PoGE), such core rights may be more applicable to infants and younger children who cannot yet reside under minorautonomy and are merely lightly influenced by the purportedautonomy-promoting environment
I have examined the suitability of several potential fundamental rights to serve as core rights from which the child’s right to PoGE may derive
Summary
I have even referred to the possibility of future society deeming certain types of GE a standard sine qua non necessity (notwithstanding its non-therapeutic, elective characterization), and the objects of children’s rights (Tamir, 2016) Against this background assumption, we can suggest two CRC-based potential candidate core rights: the child’s fundamental rights to participate fully in social and political life, residing within the adult-like human and civil rights category; and the child’s fundamental rights to develop to the fullest, residing within the category of children’s protective rights. Where more general matters relating to participation in social life are concerned, minorautonomy will typically not apply and full-fledged autonomy will be required, even where the minor is situated on the threshold of majority: for example, a 17-year-old young person wishing to enlist in the U.S military is required to produce parental consent (essentially rescinding minorautonomy). Should we acknowledge a child’s positive right to PoGE, such core rights may be more applicable to infants and younger children who cannot yet reside under minorautonomy and are merely lightly influenced by the purported (minor)autonomy-promoting environment
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