Genome editing and rights and liabilities of unborn chlid: A jurisdprudential appraisal

Abstract

The field of biotechnology is not static but progressing day by day. Genome Editing technology CRISPR edits the genes that carry diseases and also edits the heritable physical and behavioral characteristics for the production of "designer babies" which poses threats to rights of unborn child. This thesis deals with the main legal question that whether the unborn child is a person to demand the protections and rights and what type of rights it has that would be infringed by the application of this technology. The previous existing literature only discusses the pros and cons of Genome Editing and ignores its relation with the threat to the rights of unborn child. In comprehensive study through critical and analytical research method, this thesis identifies the status of unborn child as a person and its rights and liabilities in Western and Islamic Jurisprudence with reference to Genome Editing. This thesis analyses the case laws of Common Law Jurisdictions and the Human Right Courts for the determination of established rights and liabilities. This thesis explores and analyses the ignored treatment of unborn child in current insufficient set of rights under the International Laws. The legislatures as hesitant to grant unborn status of person, disparaged the status of unborn and infringes the rights of potential human. By taking critical and analytical methods through qualitative conduct of research this thesis provides the framework for countering this emerging challenge by incorporating the preventive measures and balancing approach to the rights of unborn, parent and of scientific researchers.