Debate Genetica

Three would be basically possible pathways through which control could be directed scientific activity in the field of genetic manipulation of human germline:
1. Self ethics. Professional ethics committees.
2. Control legal system.
3. The use of international law
 a. Self ethics
The path of self-ethics is a system of professional self-discipline. An example of this is found in the Code ofAsilomar. It is the result of an international conference of scientists held in California. It demanded a strict control over the use of the experimental technique that allows, in general, transplanting genes from one organism to another.
The problem that arises is to whether this level of control is sufficiently effective and appropriate mechanism to resolve issues that arise in these areas. Thesame question arises with regard to the ethics committees of research centers and hospitals. From my point of view, instances of ethical control systems are complementary but not sufficient. Especially since, in some cases (for example, the possibility of cloning human beings) the importance of the rights affected is so radical that it should be left in the hands of professional fullresponsibility. The State has the duty to intervene through its basic instrument, the law.
However, I think this should not be underestimated regulatory body, dismissing it automatically. And this for several reasons:
1. First, because the usual dynamic performance of scientists, characterized by the rapidity with which discoveries occur, sometimes does not allow other controls. The law, for example, is amechanism usually very slow to react when the rights and injuries have occurred. Always have greater assurance or ethical codes of ethics committees that lack them.
2. Secondly, because in science, especially when rights are at stake as basic as life and the genetic integrity is very important for the strengthening of ethical and professional conduct. In fact, some authors have highlighted as thestory of many abuses in these areas has corresponded with the contempt of the value of ethics and its replacement by other interests such as economic, political, etc ...
b. Control legal system.
In general, it is possible to maintain that, at present, most authors are in favor of the path of internal legal control of the countries with regard to genetic manipulation in human germ line. This isrelated to the positions defended the need for, on this subject, occurs the passage of Bioethics (understood as ethical instance) to the Biojurídica. In this line are several possibilities:
a) The first option would be to adopt a system of administrative safeguards. This is an instance widely used and some authors prefer to prison. The reason is that they understand that criminal law is only thelast resort and excessive penalties punishable by custodial activities, from their point of view, are of extreme gravity. In fact, in Spain, the Law of Assisted Reproductive Technologies and the Law on Donation and Use of Human Embryos and Fetuses, both of 1988, decided administratively to punish certain behaviors. Among them were those involving identical beings get by cloning and geneticmanipulation without therapeutic purpose.
b) The criminal protection step involves a stronger guarantee. The criminal law intervenes when the threatened property have the highest rank in the hierarchy of values. It acts in the alternative, to the extent that legal systems are inadequate parole. According to Mantovani, criminal law should intervene against those violations representing at least at its core,an immutable fact of the laws of all times and places. Would represent a blow to basic goods for human beings and the same conditions-base of any society organizada10
On March 16, 1989, Parliament adopted the Resolution on the ethical and legal problems of genetic engineering, based on A-2-327/88 Report of the Committee on Legal Affairs and Citizens' Rights. It stressed the need for genetic...