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The research of human genes in a legal perspective

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2019
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Abstract (EN)

The research on human genes includes the research of genes and gene products. It is apparent that these researches are beneficial to human beings on multiple fields. However, research on genes has caused problems from an ethical and legal perspective. Solutions for these problems are tried to be given with legal, ethical, bioethical and medical rules and ethical principles. There is no independent legal arrangement that regulates the process of genetic research and the results thereof that are carried out in our country. We try to resolve ethical and legal problems that occur due to the research on human genes with the help of conventions that are internally binding such as the European Biomedical Agreement and the European Human Rights Convention, on the other hand we use instructions and directives and national laws, such as the Constitution, the Turkish Civil Code, the Turkish Code of Obligations, the Law On The Protection Of Personal Data and the Civil Procedure Code, but also regulations such as the Turkish Deontology Charter, the Regulation on Centres of Reproductive Support and the Patients' Rights Charter. Therefore laws governing genetic research and diagnoses, such as the Genetic Diagnosis Code, the Protection of the Embryo Code, the Research of Stem cells code should be drafted immediately. It might be even good to address all of these issues in one Research on Human Genes Code. With this law, the protection of human rights and fundamental freedoms, as well as the respect for human dignity can be ensured. It is necessary to draft democratic, contemporary legal regulations that are in accordance with human dignity and human rights, which are also in accordance with the European Biomedical Agreement and other international legal norms, as soon as possible while taking into account the research on human genes as well as the results thereof in light of ethical principles.

Author

Remzi Demir

How to Cite

Remzi Demir (Doctorate thesis). The research of human genes in a legal perspective, 2019, Çankaya University.

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