Joshua Adames
12/15/2023
Legal issues with Genomics
Within the current age that we happen to live in, a new type of science is
currently evolving which could change all of life as we know it for the better and the
worse. Genomics is a developing science based on editing and examining DNA and
how it functions. This breakthrough
within science will have massive
implications for changing life as we know
but an issue limiting this science from
reaching its full potential is the ethical
questions and implications that these
developments bring. From a new form of
discrimination for both jobs and insurance to this science is a breach of privacy and the
argument that we should not be allowed to play god. This new science leads to many
new ethical ideas of which I will be providing my best answers to them with solutions.
Geonomics being an emerging line of science still has many ethical questions up
for debate and to give context to these issues I will be detailing some of the history
behind genomics. Since the discovery of genes geneism which is discrimination based
on genetic information. Has been a real concern due to some events in the past and
some that we deal with in the present. Within the USA there was an issue before the 2008
in which people were denied health insurance based on genetic results which led to a
law called the GINA ACT that stopped this from making it illegal to do such. GINA
stands for Genetic Information Nondiscrimination Act which when made an acronym in
many papers is still followed by the word act so I will still include it. The GINA ACT
allows people who believe they are being discriminated against genetically to press
charges on companies who discriminate since it is illegal. The problem is that GINA
does not include this protection for
anything other than health insurance
which leaves it so employers and even
real estate owners can still utilize genetic
information to discriminate between
clients. There is also an issue with what is
done with the data after. It is being seen
by many as a breach of privacy that police and other companies are using to bypass the
Fourth Amendment. Not to mention that the fear of genetic discrimination has become
very real in our day and age due to an incident in the 1900s where the poor were being
called inferior based on genetics and were being forcefully sterilized so they may not
reproduce all based on poor understanding of genes. All these past and present issues
are what worry many about our pursuit of this field with it showing us how complex
issues with this line of science are and can be.
Now that I have detailed the ways that the past and present have issues with this
field I will be presenting issues that may arise in the future or issues that are manifesting
right now. In the future, it is believed that with the power of CRISPR and our growing
understanding of genes we will be able to edit the genes of our children allowing us to
select traits for them and make them free from all genetic diseases. The issue with this
is that there are religious, legal, and ethical issues with this action. Most belief systems
would take issue with messing with childbirth. From a legal standpoint, unnecessary
editing could be a danger to the child which the state would not allow. Ethically editing
the child to get rid of diseases should be fine but some will strive to customize their child
and specialize them fully. If this is allowed, jobs will look for genes more than merit since
they have a genetic advantage. On top of that, making your child into your dream
person takes away who they could have been and may have you treat them differently.
Breach of privacy is also a massive worry since genetic information is not considered
private information we are seeing the police begin to use genetic data which worries
some about the Fourth Amendment being bent utilizing this fact.
. Furthermore, it is believed some that in the future not only will people be
discriminated against by genes but it could lead to genes combined with racism since
some races are more prone to certain genetic disorders or may be perceived to be
better suited for some tasks. In the future, genetic fiction and stereotypes can affect
what race or skin tone parents want their child to be. The biggest concern I have heard
comes from the standpoint of people with genetic disorders with them happy with the
the fact that others will not have their issues they fear it will make genetic disease taboo
and make it so the mentally ill or genetically less fortunate are abused and mistreated
just as they were in America when little was known about genetic diseases. There were
many homes for the mentally ill where they would experiment or mistreat patients
treating them like prisoners.
Geonomics being a field still emerging science with many issues has many
people opposed to its research due to the aforementioned issues. I believe that this
research, while controversial, will be worth the risk, and with the right plans in place
many of its perceived issues, legal or ethical issues, can be mitigated or eradicated. For
instance the perceived future and current legal issues regarding the Fourth Amendment
being breached or circumvented by the examination of genetic information. This could
be solved by the government creating
a committee that governs genomics
and would enforce laws passed about
genomics and could even suggest
laws. With a committee or part of the
government overseeing the science, it would protect people from breaches of privacy.
This idea would also be a possible solution to genetic discrimination issues and parents
attempting to fully customize their children. Though this idea would take a lot of
government resources I believe it is worth it due to the issues genomics could solve.
Another solution could be for the laws surrounding genomics to be voted upon by the
states. When it comes to belief that issue is only temporary as with time beliefs become
more inclusive and understanding. Ethics should be thought of within the laws as I
mentioned before since they are so deeply close to one another. Another solution that
could be utilized in the field of genomics is making more laws that preexist within the
American legislation apply to them including but not limited to patient autonomy, privacy
and the healthcare values and ethics that apply with many of them covering past stated
issues with autonomy and privacy covering the large majority covering the 4th
amendment breaches and incorporating healthcare values would make doctors more
cognizant of the power they hold and how they should wield it with care just as they do
their other tools. With the development of gene editing and understanding of genes, we
may be able to eradicate genetic disease within the future making it so no one child or
person will have to suffer for just being born anymore. Simply understanding genes can
help us prevent conditions people may develop and better treat all patients through a
deeper understanding of their body’s inner workings. To put it simply, genomics could
change healthcare as we know it, saving millions upon millions of lives and making it so
future generations can never lose the genetic “lottery”. Genomics is a field that is quite
broad in how it covers genetics and with it being used responsibly it is not something to
be feared but something to be loved with how much it can help our society as a whole.
Genomics is a science that comes with many ethical and legal concerns but
though it may be scary to some it is an advancement that I believe is worth investing in.
Because even though the tasks of ethics and laws are daunting the amount of lives it
could save makes it all worth the risk. We should not fear change just because it is
challenging. We should embrace it since it’s what we need to do to evolve.
References
Ajunwa I (2014). “Genetic Testing Meets Big Data: Torts and Contract Law Issues”.
Rochester, NY. SSRN 2460891
Cremer T, Cremer C (2006). “Rise, fall, and resurrection of chromosome territories: a
historical perspective. Part I. The rise of chromosome territories”
Joly Y, Feze IN, Song L, Knoppers BM (May 2017). “Comparative Approaches to
Genetic Discrimination: Chasing Shadows?”. Trends in Genetics. 33 (5): 299–302.
doi:10.1016/j.tig.2017.02.002. PMID 28365141
Allendorf FW, Hohenlohe PA, Luikart G (October 2010). “Genomics and the future of
conservation genetics”. Nature Reviews
