Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 19 Heft: 1 Seiten: 203-238.

The new scientific acquisitions are numerous and even more are their future promises. The debate on bio-technologies involves the fundamental rights of the individual and the advancements in research must merge with the supremacy of the human being on the interests both of the ‘science’ and of society at large. In the attempt to combine ‘democracy’ with techno-scientific issues, Law has turned from pure technical rules (meant to reflect, without any critique, some knowledge) into a tool meant to fill cognitive (...) gaps and its role is showing to be not only crucial, but also innovative for legal professionals themselves. (shrink)

The use of rights based arguments to justify claims that donor offspring should have access to information identifying their gamete donor has become increasingly widespread. In this paper, I do not intend to revisit the debate about the validity of such rights. Rather, the purpose is to examine the way that such alleged rights have been implemented by those legislatures that have allowed access to identifying information. I will argue that serious inconsistencies exist between the claim that donor offspring have (...) a right to know the identity of their gamete donor and the way such a right is currently met in practice. I hope to show that in systems where non‐anonymous donation is practised, an understanding of the proclaimed right of donor offspring to know their genetic identity is one composed of two different rights – the right to know the circumstances of their conception and the right to information identifying the gamete donor – can provide important insights into this important area of public policy. (shrink)

This Chapter aims to present a very preliminary exploration of the role and functioning of some ‘leading ideas’ that represent the most consistent attempts to balance freedom of scientific research with the need to protect participants and the community as a whole. To this end, we searched two databases, a scientific and a legal one, for some keywords (Freedom of research, Precautionary principle, Risk-based approach, Responsible research and innovation), to check the consistency of their presence and evolution over time. Without (...) aiming to in-depth investigate the precise connotations of each term and the context in which they are used from time to time, the core idea is to provide a very first quantitative exploration, which lays the foundations for further future investigation. (shrink)