The Dynamics of Basic Constitutional Rights in Selected Jurisdictions

Abstract

This final chapter delves into the dynamics of basic constitutional human rights in the selected jurisdictions by studying the key approaches taken by each of the jurisdictions in generally dealing with human rights matters. In examining the potential regulation of future pre-implantation genetic interventions in the jurisdictions (which should take into account human rights components such as the right to life, the right to privacy (autonomy) and the right to equality and non-discrimination), the chapter introduces the concept of ‘entry points of regulatory approaches’. These entry points of regulation are symbolic of concerns regarding various branches of biomedical technologies. In the chapter, I identify two spectrums of these entry points: firstly, the practical, positivistic and private law aspects; and secondly, the philosophical human rights aspects. I posit that these classifications point to the main prevailing and concerning issues that would prompt a state to regulate those technologies. Using these entry points of regulation as lenses of comparisons allows us to navigate the role of fundamental rights in the selected jurisdictions by determining how these jurisdictions prioritize the human rights components that would be relevant in pre-implantation genetic interventions.