Recommendations for legislation on genetic technologies

Abstract

Research into the identification of genes and their mutations, which cause disease or inherited disorders, has led to the availability of genetic tests. Genetic disorders affecting large sections of the population have given rise to idea of population screening. Whilst genetics has been questioned in its essentiality (genetic essentialism means we are simply our genes), genetic exceptionalism (that there is something special about genetic tests) has led to still unresolved controversies. The Ethical, Legal and Social implication of genetic testing have been discussed very fervently over the past decade and a half by the Experts Group in the European Commission-sponsored project, by UNESCO and by the Council of Europe, etc. Some countries already have legislation which regulates genetic practices; others, like Denmark, consider genetic tests within the same reality of other medical tests not in any way to demean the nature of genetic tests, but conversely to emphasise that any test has an important ethical dimension as well. Be this as it may, Europe and its member states have sought to discuss genetic testing as a subject on its own. The attempt to legislate on biotechnology in Malta leads us to assume that we need still to complete in legislation in the area of genetics and that proposals such as those provided by the Council of Europe are indeed too broad for the local scene. Since genetic screening can take place in the early stages of embryo formation, even at the pre-zygote stage, the use of IVF has to be considered outside the scope of infertility.