Implicaciones ético-jurídicas de aplicación técnica CRISPR,edición genética, en enfermedades degenerativas

  1. García Casas, María del Carmen
Dirigida por:
  1. María Trinidad Herrero Ezquerro Directora
  2. José Ramón Salcedo Hernández Director

Universidad de defensa: Universidad de Murcia

Fecha de defensa: 06 de noviembre de 2024

Tribunal:
  1. María Castellano Arroyo Presidente/a
  2. Emilio Martínez Navarro Secretario
  3. Joaquín Jiménez González Vocal

Tipo: Tesis

Resumen

Methodological Framework, Objectives, and Purpose The methodology employed is fundamentally theoretical, supported by contrasting literature in relation to the convergence of research that must necessarily be shared in light of their outcomes. The author believes these should not remain disconnected among the closely linked disciplines such as Genetics, Reproduction, AI, Neuro-rights, Bioethics, and Bioderecho, as their conjunction leads to significant innovations and should not be biased by discipline confined within laboratory walls. In the research, parallel ideas are extrapolated to the study object, developing assumptions based on the presented hypotheses, constitutive demonstrative arguments of the research, along with their objections, analysis, deductions, conclusions, and proposals. The focus covers specific issues of law, ethics, biology, medicine, and genetics, although it follows the structure and method typical of the legal field, with the enriched multidisciplinary perspective that is necessarily taken to encompass the rigorous and ambivalent study of CRISPR-Cas genetic editing and its broad applications under the freedom of scientific research. Thus, the method primarily involves the study of normative and jurisprudential sources across various subjects and perspectives, both nationally and internationally, in obtaining and reviewing the most relevant doctrine, as well as valuing particularly consonant research, and ultimately determining inductive inference, the systematic approaches that lead to pinpointing various conclusions and proposals. The research correlates the right to life and physical and moral integrity proclaimed in Article 15 of the Spanish Constitution with the presumable fundamental right that should be linked to this status, with the 'Right to be healthy' and 'to enjoy a long life without disease,' consistent with the scientific evidence that proclaims its possibility in genomics, limited until now within laboratory confines. It also discusses the legitimate right of choice in law to access one's own genetics, constituting an individual right inherent to the person and not a restrictively limited benefit in favor of the proclaimed genetic heritage of humanity in a symbolic sense. Throughout the research, and closely related to the aforementioned aspects, milestones of special significance have occurred around which a marvelous approach necessitating academic, ethical, legal, social, and scientific dialogue has necessarily redirected the expansion of research in certain fields closely connected with genetics, such as neuro-rights, AI, various discoveries in physics, the functionality of non-coding DNA, and its application to degenerative diseases, among other prospective and forthcoming reproduction methods. This highlights the need to broaden the understanding, comprehension, and applicability of the reach of globally recognized scientific advancements in genomics. A significant gap exists between scientific discoveries and their practical application both in diseases and in reproduction methods. The option of merely restrictive mechanisms only limits and reduces the evolutionary possibilities faced by humans. And that the majority current of studies and research advocates for restricting and/or limiting, as well as requesting a moratorium on germline applications. Certainly, this would be closely linked with the social aversion evident in relation to genome editing, which, although it arouses high curiosity, would not surpass the perceived need or risk of modifying the current known status. And whose change would come through the necessary education in genomics that is currently entirely absent in classrooms, and that should be implemented in a very broad and extended sense to all areas of knowledge. An open training that allows real access to the participation of the scrutinized knowledge of genomics, just as it is imparted with other disciplines such as mathematics, which, with more or less willingness or desire, is mandatory to go through the study of theorems, equations, limits, derivatives, algebra, etc. It would not be feasible to discuss genomic modification without social participation, especially when it would be mostly restricted to ignorance, as there is not even the slightest perception of what it means beyond the ambivalence between eugenic fear and surrealism aligned with superhuman capabilities, which, if misunderstood, would be completely denatured. Conclusions and Proposals The purpose of this study lies in questioning the validity of current legal tools and the need for adapting them to the times that assist us. Let us not forget that we dedicate many efforts to building huge containment walls to prevent genetic modification in the germinal or embryonic line. When in reality, it has been shown that the somatic cell line also has reproductive capability. As well as it has been demonstrated that the greatest interferences in the non-coding genome are being influenced, modified by agents completely alien to traditional medicine and genetics (geneticists) properly known, from which arises the emerging need to regulate neuro-rights. We propose a series of proposals that originate from the study of the current scenario and the potentiality of the identified milestones. Among these, the proposal for permissive legislation regarding genetic modification stands out, specifying the freedom of action in certain targeted trials aimed at preventing diseases. Tending towards permissive legislation subject to certain periodic and particularly defined controls. Additionally, we suggest standardizing In Vitro Fertilization (IVF) as a generalist method of reproduction in the face of hereditary genetic diseases diagnosed as a measure of containment of disease transmission. Among the proposals, we also highlight the need for administrative revision of the criminal code, as it currently does not cover the distinction between somatic and germinal gene therapy. Another proposal suggests eliminating the obligation to marry for a couple formed by two women undergoing the ROPA Method (Reproduction). As well as the freedom of reproductive choice in single-parent families or same-sex couples (woman/woman). (Parthenogenesis, Macagenesis). The research opens a new perspective on what we understand by genome and brings us closer to the awareness of the profound ignorance that society descends in this matter. In this sense, a panel of Russian scientists would take a different research perspective to reach their understanding of DNA that Western scientists would have overlooked. Thus, in 1925, A.A. Lubishchev recognized that our DNA and our genes are not the code of the living organism itself but are the link with our bio-information field where this information resides and operates at a quantum level as waves and fields. This confirmed what A.G. Gurvich had already proposed. Another Russian, N. Beklemishev, came to the same conclusion through his work a few years later. Dr. Gariaev postulated that the genome is multidimensional and exists in a chromosomal continuum, a stable wave that travels throughout the organism along the highly structured double-helical DNA and contains the genetic information in the form of electromagnetic and acoustic holograms. He considered that these holograms, which create nodes in the universal hologram as a record of everything that is and has been, are the true record of our genetic map. Thus, to understand the behavior of the genome, it is necessary to interpret it in line with the physical research presented in this study, closely linked with the information physics theory. The International Center for Research and Studies in Bio-Law (CIIEB) arises from this immense need for reflection, both globally and collectively, within the framework of this thesis proposed by the author and within a private entity, after a recognized previous period of proposals and studies that adapt its initial statutes and projects to the current needs of society in terms of bio-law and bioethics. It positions itself as a School and current of thought that rescues forgotten knowledge with significant impact today, through projects in anthropology, philosophy, law, theology, psychology, sociology, religion, astrology, physics, and mathematics, across Europe and its strategic interaction with other nations. Prominently, it highlights the role of women in science. The aSASAw Theory emerges as a foreseeable method to predict the outcome of an action, whether it is the result of a judicial resolution that would presumably determine the court, the outcome of a business strategy, or the result of a surgical operation. It is more coherent and predictive than we might have imagined. It is especially connected with the Game Theory of John Nash, which has become an essential tool in economics and decision-making. This theory focuses on the strategic interaction between two or more individuals and served as inspiration for the film "A Beautiful Mind." Game Theory has revolutionized the study of economics, influencing everything from political negotiations and tenders for infrastructure projects to football championships and online dating applications.