Biotechnology in the Perspective of the Right to Health in the Light of International Instruments and Domestic Laws: Challenges and Solutions

Zamaneh Ghadim, Navid; Khosravi, Hassan

doi:10.29252/jlr.2021.185188.1682

Biotechnology in the Perspective of the Right to Health in the Light of International Instruments and Domestic Laws: Challenges and Solutions

Document Type : Original Article

Authors

¹ Ph.D. Candidate of International Law, Islamic Azad University, North Tehran Branch

² Associate Professor of Law, Payame Noor University

10.29252/jlr.2021.185188.1682

Abstract

Abstract
The relationship of law and biotechnology becomes clear if we know how to find solutions to the challenges of biotechnology. Given the various legislative approaches at the national level and the existence of international treaty law gaps, the adoption of a human rights-based approach in regulating the application of biotechnology is of particular importance. Using comparative analytical methods, this study seeks to address the challenges of biotechnology applications from a right to health perspective. The question is to what extent biotechnology applications contribute to the realization of the right to health and whether the protection of the right to health has the capacity to provide a favorable normative model in response to the challenges of biotechnology. Among the applications of this technology are fundamental, normative and structural challenges. The research hypothesis suggests that reinforcing the right to health protection mechanisms at the national and international levels could provide a suitable model for uniform regulation in response to biotech challenges related to human health.

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