Specific of the Right to Physical Integrity Exercising in the Human Genome Field at the International Level

Introduction . In this article the author analyzes the main controversial issues related to the right to genetic integrity implementation in the context of new technologies using in the genetic field. Materials and methods . During the analysis, both classical methods of jurisprudence and little-known in jurisprudence methods of indirect data analysis and discourse analysis were used. Research results. The specific of the right to the personal integrity implementation in the human genome sphere is manifested in the formulation of a derivative right to genetic integrity based on the concept of the genome as the heritage of mankind. In addition, the existing implementation instruments for the legal status of the individual according to modern international human rights law are not sufficient for the right to the personal integrity implementation in the human genome sphere. Human genetic rights as guaranteed in modern international human rights law have three obvious shortcomings in their formulation and implementation. Firstly, they are reflected and ensured in an outdated regulatory framework. Secondly, the regulatory framework in the sphere of genetic guarantees of the right to personal integrity, which was formed in 1996-2008, is extremely weak in terms of the form of fixation and specification of their content. It consists mainly of acts international soft law acts and creates exclusively framework regulation. Thirdly, with the development of genetic technologies in the first quarter of the 21st century, it became clear that a simple extension of the international legal regime for the protection of fundamental rights to the sphere of genetics is not sufficient. The implementation of the right to genetic integrity and other genetic rights such as right to genetic privacy and right to genetic continuity requires the creation of a special regime for their protection in the terms and categories of international law. Discussion and conclusion . The modern development of the human rights direction at the international level in the regulation of genomic research and the using genetic technologies requires the human genetic rights formulation and fixing as a special group of new somatic rights. Like other somatic human rights, genetic rights are based on the right to the personal integrity implementation. They are enshrined as guarantees of physical integrity in international documents at the international regional and international universal levels. This article substantiates the fundamental nature of the right to genetic integrity and the right to genetic continuity, and draws conclusions about the shortcomings of their reflection and implementation in the context of the right to the physical integrity of the individual.