NationStates Jolt Archive

the Hirotan Governement wishes to put forward for the consideration of fellow member states the following draft proposal regarding the ownership of an induviduals genetic material.

No member nation can claim ownership of an induviduals genetic rights without prior consent from the induvidual.
The cloning or modification of an induviduals genetic material is expressly forbidden without prior consent from the induvidual within all member nations.
No member nation can coerce consent from the induvidual.

The concept being that cloning should not be permitted by a member state without the prior consent of the induvidual.

Positive suggestions welcome! I'm pretty certain that it needs a little tweaking??? :)

Article 1
a) Everyone has a right to respect for their human dignity, fundamental freedoms and for their rights regardless of their genetic characteristics.
b) That dignity makes it imperative not to reduce individuals to their genetic characteristics and to respect their uniqueness and diversity.
Article 2
The human genome in its natural state shall not give rise to financial gains.
Article 3
a) Research, treatment or diagnosis affecting an individual’s genome shall be undertaken only after rigorous and prior assessment of the potential risks and benefits pertaining thereto and in accordance with any other requirement of international and national law.
b) In all cases, the prior, free and informed consent of the person concerned shall be obtained. If the latter is not in a position to consent, consent or authorization shall be obtained in the manner prescribed by international and national law, guided by the person’s best interest.
c) The right of each individual to decide whether or not to be informed of the results of genetic examination and the resulting consequences should be respected.
d) If according to the law a person does not have the capacity to consent, research affecting his or her genome may only be carried out for his or her direct health benefit, subject to the authorization and the protective conditions prescribed by law. Research which does not have an expected direct health benefit may only be undertaken by way of exception, with the utmost restraint, exposing the person only to a minimal risk and minimal burden and if the research is intended to contribute to the health benefit of other persons in the same age category or with the same genetic condition, subject to the conditions prescribed by international and national law, and provided such research is compatible with the protection of the individual’s human rights.
Article 4
No one shall be subjected to discrimination based on genetic characteristics that is intended to infringe or has the effect of infringing human rights, fundamental freedoms and human dignity.
Article 5
Genetic data associated with an identifiable person and stored or processed for the purposes of research or any other purpose must be held confidential in the conditions set by international and national law.
Article 6
Every individual shall have the right, in accordance with international and national law, to just reparation for any damage sustained as a direct and determining result of an intervention affecting his or her genome.
Article 7
In order to protect human rights and fundamental freedoms, limitations to the principles of consent and confidentiality may only be prescribed by international and national law, for compelling reasons within the bounds of public international law and the international law of human rights.
Article 8
No research or research applications concerning the human genome, in particular in the fields of biology, genetics and medicine, should prevail over respect for the human rights, fundamental freedoms and human dignity of individuals or, where applicable, of groups of people.
Article 9
Practices which are contrary to human dignity, fundamental freedoms and human rights, such as the reproductive cloning of human beings, shall not be permitted, without the induviduals express consent as outlined in Article 3.
Article 10
a) Benefits from advances in biology, genetics and medicine, concerning the human genome, shall be made available to all Member States, with due regard for the dignity and human rights of each individual.
b) Freedom of research, which is necessary for the progress of knowledge, is part of freedom of thought. The applications of research, including applications in biology, genetics and medicine, concerning the human genome, shall seek to improve the health of individuals and humankind as a whole.
Article 11
Member States should take appropriate measures to foster the intellectual and material conditions favourable to freedom in the conduct of research on the human genome and to consider the ethical, legal, social and economic implications of such research, on the basis of the principles set out in this Proposal.
Article 12
Member States should take appropriate measures to ensure that research results are not used for non-peaceful purposes.
Article 13
Member States should take appropriate measures to encourage other forms of research, training and information dissemination conducive to raising the awareness of society and all of its members of their responsibilities regarding the fundamental issues relating to the defence of human dignity which may be raised by research in biology, in genetics and in medicine, and its applications.
Article 14
Member States should make every effort to promote the principles set out in this Proposal and should promote their implementation.
Article 15
Nothing in this Proposal may be interpreted as implying for any Member State, group or person any claim to engage in any activity or to perform any act contrary to human rights and fundamental freedoms, including the principles set out in this Proposal, or any other previous declarations.


EDIT: Article 9 has been ammended. It originally read "Practices which are contrary to human dignity, fundamental freedoms and human rights, such as the reproductive cloning of human beings, shall not be permitted."

We support this resolution.

We, do, however, fear that it might be used against cloning down the road. Thus, we would like an amendment that states that an individual has an express right to clone or genetically modify himself.

We support this resolution.

We, do, however, fear that it might be used against cloning down the road. Thus, we would like an amendment that states that an individual has an express right to clone or genetically modify himself.

I had thought that Article 15 would mean that if an induvidual WANTED to be cloned, then the nation could not stop them, although if you feel that needs expressing in stronger terms, How about an amendment to Article 9 so it reads: "Practices which are contrary to human dignity, fundamental freedoms and human rights, such as the reproductive cloning of human beings, shall not be permitted, without the induviduals express consent as outlined in Article 3"

Of course, if you've got a better idea for an ammendment I'm listening :)

We find this to be a most excellent resolution. However, we have a few questions:

Article 2:
The human genome in its natural state shall not give rise to financial gains.

- surely you are allowed financial gain if you use a naturally occurring gene to cure a disease or similar? Otherwise there is no incnetive for doctors / hospitals to use any sort of gene therapy.
- If the gene in question is mine, I should be allowed financial gain from it! E.g. by allowing research into it.

Article 4
No one shall be subjected to discrimination based on genetic characteristics that is intended to infringe or has the effect of infringing human rights, fundamental freedoms and human dignity.

- We would like to see this paragraph clearified. As it stand, you would not be allowed to deny mentally handicapped people the right to vote etc., if their handicap was genetic.

Article 2:
The human genome in its natural state shall not give rise to financial gains.

- surely you are allowed financial gain if you use a naturally occurring gene to cure a disease or similar? Otherwise there is no incnetive for doctors / hospitals to use any sort of gene therapy.
- If the gene in question is mine, I should be allowed financial gain from it! E.g. by allowing research into it.

That's true in principle - although to get at a gene you basically first have to alter its natural state and/or isolate it from the human body. So an induvidual gene extracted from the genome is not in it's natural state anyway.

Article 4
No one shall be subjected to discrimination based on genetic characteristics that is intended to infringe or has the effect of infringing human rights, fundamental freedoms and human dignity.

- We would like to see this paragraph clearified. As it stand, you would not be allowed to deny mentally handicapped people the right to vote etc., if their handicap was genetic.

The intention behind the article is to prevent people being denied a basic right on the basis of their DNA....Employers and insurers could save millions of dollars/pounds etc if they could use predictive genetics to identify in advance, then reject workers or policy applicants who are predisposed to develop chronic disease. Thus, genetic discrimination could join the list of other forms of discrimination: racial, ethnic, age and sexual.

But you are right, it would stop governments denying handicapped people the right to vote....although I'm not certain if that's a terrible thing anyway, because you'd almost be disciminating under the same grounds as above....

anyway, I've submitted the proposal, which I hope people will support at

http://www.nationstates.net/cgi-bin/index.cgi/09108/page=UN_proposal/start=85

Hopefully this topic can be used to continue refining the proposal :)

Private employers have teh right to discriminate against whoever the hell they want.

If I run an insurance company, I have the right to give whoever the hell I want a policy. And deny whoever I want a policy. On whatever basis I want. It's my money isn't it?

Private employers have teh right to discriminate against whoever the hell they want.

Yeah I had noticed employers can do that in your nation...although I hope your nation has been taking steps to ensure it fullfils it's obligations on previous resolutions - such as "Gay rights" "The Universal Bill of Rights" and "The Rights of Labor Unions" for example which would limit their right to discriminate.

Anyway, I don't know how your nation has incorporated any of these resolutions into your own laws, but I'd imagine you could manage to do the same in this case :)

If I run an insurance company, I have the right to give whoever the hell I want a policy. And deny whoever I want a policy. On whatever basis I want. It's my money isn't it?

That's correct, in general insurers ask for medicals, background information etc. Insurers would probably ask for genetic information in much the same way. The induvidual doesn't have to provide it however, just like the insurer has the right to deny a policy.

Like nearly all political issues, this is a double-edged sword.

There is much to be gained from such forms of gene manipulations, only one of which is financial. Other benefits could be reaped in the fields of medicine (cloning to get rid of all diseases), as well as military (having a specific super-soldier cloned repeatedly).

HOWEVER...

This also still raises the moral question of whether or not cloning steals the purpose of the individual spiritual soul (if one is religious).

It all comes down to the individuals consent of course, and what they believe is right. Though, I do fear that corrupt governments would force people into such practices.


So, In conclusion

I WILL support this amendment, however, I ALSO move that those nations that stand for free will and justice (such as myself) keep a close eye on those nations we suspect may misuse or distort these possibilities, in hopes of supressing any possiblity of inhuman acts.

Ever Vigilancy is the key

There is much to be gained from such forms of gene manipulations, only one of which is financial. Other benefits could be reaped in the fields of medicine (cloning to get rid of all diseases), as well as military (having a specific super-soldier cloned repeatedly).

Agree 100% on the super-soldier scenario - hence article 12 stating it cannot be used for non-peaceful purposes.

The medical benefits touched upon in article 10b...the idea being if a nation were to find a miraculous cure for cancer it would be diseminated amongst member states.

It all comes down to the individuals consent of course, and what they believe is right. Though, I do fear that corrupt governments would force people into such practices.

Corrupt governments will probably be forcing citizens into this already, and would probably be outside the UN anyway. What can we do against those rogue nations?

I WILL support this amendment, however, I ALSO move that those nations that stand for free will and justice (such as myself) keep a close eye on those nations we suspect may misuse or distort these possibilities, in hopes of supressing any possiblity of inhuman acts.

Would it be worth further amending this proposal to introduce some sort of agency to monitor genetic research and it's applications? I considered adding an article 16 adding something along these lines, but I'd hoped that nations would pay some regard to the proposal....

At any rate, thanks for your support :)

I would not suggest any such council- it will complicate the matter unduly.

However, I must say that I do not support this proposal if it has Article 9 in it. If you remove that, I would gladly support it.

I would not suggest any such council- it will complicate the matter unduly.

However, I must say that I do not support this proposal if it has Article 9 in it. If you remove that, I would gladly support it.

I did suggest an ammendment to that article along the lines of "Practices which are contrary to human dignity, fundamental freedoms and human rights, such as the reproductive cloning of human beings, shall not be permitted, without the induviduals express consent as outlined in Article 3"

Hopefully you would find that easier to stomach?

In fact, I'll edit the original now, just to be certain.

I would not suggest any such council- it will complicate the matter unduly.

However, I must say that I do not support this proposal if it has Article 9 in it. If you remove that, I would gladly support it.

I did suggest an ammendment to that article along the lines of "Practices which are contrary to human dignity, fundamental freedoms and human rights, such as the reproductive cloning of human beings, shall not be permitted, without the induviduals express consent as outlined in Article 3"

Hopefully you would find that easier to stomach?

In fact, I'll edit the original now, just to be certain.

I did read that. Still, I would feel much more likely to support it if that article were taken out completely. I believe that it is a government's job to control cloning issues. If the government is so keen on scientific advancement that it sets aside a quota of embryos for use in cloning, it may do so...

The government of Bariloche will advice its regional delegate to support this resolution and will vote for it when it reaches the floor.

Leonardo Fernández
UN representant for the
Community of Bariloche

Still, I would feel much more likely to support it if that article were taken out completely. I believe that it is a government's job to control cloning issues.

Indeed, I'd agree that the government should control (or regulate) cloning...however surely a nation with such a high standard of personal freedom can accept the induvidual is entitled to the right to consent (or not) to their genome being used in the first place?

Still, I would feel much more likely to support it if that article were taken out completely. I believe that it is a government's job to control cloning issues.

Indeed, I'd agree that the government should control (or regulate) cloning...however surely a nation with such a high standard of personal freedom can accept the induvidual is entitled to the right to consent (or not) to their genome being used in the first place?

Perhaps Mataradesh has such freedoms, but other nations are free to deny their citizens of such freedoms...

I think all cloning should be banned and never made legal. It is wrong and is messing with thing we should not mess with! :x :cry: :cry: :cry: :idea:

Involuntary DNA sampling should be permitted for law enforcement upon probable cause with a warrant, just a blood sampling is.

Otherwise, our genetic scientists find no fault with this proposal.

Still, I would feel much more likely to support it if that article were taken out completely. I believe that it is a government's job to control cloning issues.

Indeed, I'd agree that the government should control (or regulate) cloning...however surely a nation with such a high standard of personal freedom can accept the induvidual is entitled to the right to consent (or not) to their genome being used in the first place?

Perhaps Mataradesh has such freedoms, but other nations are free to deny their citizens of such freedoms...

True, but i would not expect such a nation to be in the UN?

Involuntary DNA sampling should be permitted for law enforcement upon probable cause with a warrant, just a blood sampling is.

Otherwise, our genetic scientists find no fault with this proposal.

I heard your nations police force didn't have the resources for DNA sampling ;)

Hmmm.....what do you suggest as an alteration?

Well, while we of the Theocracy of Mahou Gakuen do not necessarily support the following proposal, we understand that many police systems currently keep genetic profiles of convicted criminals in storage...

Should one expand on this, one could say that by committing crimes, said criminals have forfeited their right to privacy and indeed the privacy of their own DNA.

One possible solution, while still allowing genetic profiling, is to use this "forfeited" genetic information for experiments. However, these should not be owned by any individual, and all information found through said examination should be made public domain.

...Of course, as mentioned before, the Theocracy of Mahou Gakuen are against anything that has just been said, as we have a heavy belief in re-education and forgiveness for crimes, and as such don't believe in keeping track of criminals in any way shape or form once they have completed their re-education. As such, all I have said is a purely theoretical discussion.

having taken another look at the resolutions, I don't see how any of the articles in the proposal can affect the rights of police forces to obtain a warrant for genetic sampling - article 3b (which is probably what people are looking at and thinking that consent is neccessary), only directly relates to 3a (Research, treatment or diagnosis affecting an individual’s genome).

So from my perspective, police forces could potentially ask for warrants for an induvidual to submit to genetic sampling, providing that is within national law.

BUT...

A nation could not use that data for research without consent (as per article 3), and the genetic data would have to remain confidential as per article 5, so in principle I can't see anything wrong with nations retaining a genetic profile of induviduals if warranted, it would be wrong to use that data without consent for research.

http://www.nationstates.net/images/flags/uploads/hirota.jpgThe Democratic States of Hirota (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=hirota)

Is this still around :?: I might know a couple of delegates who would love to suppport this.

Is this still around :?: I might know a couple of delegates who would love to suppport this.

the proposal itself expired over the weekend, but I will be looking to resubmit it in the future providing I can garner enough support :)

http://www.nationstates.net/images/flags/uploads/hirota.jpgThe Democratic States of Hirota (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=hirota)

Is this still around. I might know a couple f delegates who would love to suppport this.