Bioethical Aspects of Human Rights in Modern Latin America

The aim of the paper is to analyze the bioethical aspects of the institution of human rights in Latin America. The result of the present research is the author's conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in many states of Latin America with the aim of compliance with international standards of human rights. In the face of global uncertainty of COVID-19, it is more necessary than ever to maintain a strong commitment to international law and human rights with responsibility in bioethics, and also to seek to preserve and consolidate what has been advanced in the construction of a world order based on rules and shared values, along with a policy structured on common values and international principles. States must take international responsibility for wrongful acts for the violation of human rights in biolaw. The research methodology was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). The biolaw basing on the International Law and Human Rights has its special understanding of the issue, which should be supported by further legislative development in Latin America. Latin American courts will not be able to make judgments on bioethical issues for a long time, while it is closely related to biopolitics and other controversial regional political positions. There are structural and historical problems of Latin American legal culture, a high index of criminal impunity and wide discretion of law-enforcement agencies that do not apply specific principles of biolaw and even bypass official bioethical guidelines in their practice. The author's give overview of the practice of Mexico on the matter of the legislative process in biolaw. The paper focuses on different theoretical approaches.

Authors
Travieso J.A.1, 2 , Ferraro A.V.3 , Trikoz E.N. 4, 5 , Gulyaeva E.E.6, 7
Publisher
Московский государственный юридический университет им. О.Е. Кутафина (МГЮА)
Number of issue
1
Language
English
Pages
85-98
Status
Published
Volume
8
Year
2021
Organizations
  • 1 Superior Council of the International Institute of Human Rights (IIDH-America)
  • 2 Department of Public Law at the University of Buenos Aires
  • 3 “Mediterranea” University of Reggio Calabria
  • 4 MGIMO University
  • 5 Peoples Friendship University of Russia (RUDN University)
  • 6 Council of the International Institute of Human Rights (IIDH-America)
  • 7 Diplomatic Academy of the Russian Ministry of Foreign Affairs
Keywords
bioethics; biopolitics; biomedical technologies; biolaw; genetics; human rights; justice; patient rights; legal culture; covid-19
Date of creation
16.12.2021
Date of change
16.12.2021
Short link
https://repository.rudn.ru/en/records/article/record/81620/
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