Genetics is one sector in which there has been tremendous evolution and progress over the last few decades. While it is believed that genetics could offer tremendous opportunities for global health improvement, there is also a fear that existing global health inequalities will be amplified by the evolution of genetics. / It thus appears necessary to analyse the way current assumptions define what is just and acceptable with regard to global access and distribution of resources in this field. Indeed, given the importance of genetics to human health globally, this thesis will evaluate two principal legal regimes---intellectual property and international human rights---to determine to which extent they further the goal of distributing the benefits of these technologies equitably and globally. This evaluation is vital to ensure that legal regimes assist in ensuring that this promising field develops in a way that improves global health without leaving the most vulnerable outside of the process. This dissertation will undertake this complex task by employing and building upon cosmopolitan liberal theories developed over the few last decades as an extension of the work of Rawls and Daniels. / A theoretical framework to justify engaging in a global and more equitable redistribution of benefits produced by genetics is required. Ultimately, our analysis will produce strong normative benchmarks based on justice considerations for engaging in a global and more equitable redistribution of the benefits likely to emerge from genetic science. Universal consideration of all human beings, importance of health needs, normal functioning and equality of opportunities are some of the notions that will be analysed to construct this framework. We will then attempt to determine how and if this theory of distribution translates into positive law and to identify and analyse the main obstacles to legal compliance with global distributive justice. We will assess two main international normative systems: intellectual property law and human rights law to determine if their underlying philosophy, structure, and functioning take account of the principles highlighted in our theoretical framework and how underlying politics and economics matter. / This will set out a basis for further discussion on how we could work around some of the major obstacles identified throughout our analysis. It will also help us move from the vague and often symbolic ideal of benefit sharing actually prevailing toward the establishment of a real, enforceable concept of global benefit sharing in health that would position genetics at the rank of essential tool for achieving global health.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.103148 |
| Date | January 2006 |
| Creators | Bernier, Louise, 1975- |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Doctor of Civil Law (Institute of Comparative Law.) |
| Rights | © Louise Bernier, 2006 |
| Relation | alephsysno: 002591180, proquestno: AAINR32898, Theses scanned by UMI/ProQuest. |
Page generated in 0.0021 seconds