Problems of liability for injury to the health caused by the use of genome editing systems of germ line cells

Abstract

The problem of the admissibility of compensation for harm caused to the health of a person by an act committed before his birth, in particular, due to editing of the genome of human germ line cells, is investigated. It is argued that in the case of a live birth, a child acquires the right to compensation for property and moral damage caused by an act committed before his birth. It is substantiated that such an act is illegal, as violating an objective right and encroaching on an intangible good (health) protected by law. Due to the fact that the modern level of development of science and medicine allows to directly affect human health long before it is born, such an intangible good as health should begin its legal existence "in anticipation" of the subject of civil law due to its special significance for the future participant of property and personal non-property relations that constitute the subject of civil law regulation.