The role of a guardian for future generations in a biotechnological era

Abstract

Every generation assumes that other generations will succeed it. Indeed, many bequeath their property and belongings to descendents, relatives and friends in the context of laws on inheritance which provide a basis for theories discussing what we should leave as inheritance to future generations. Peter Serracino Inglott refers to the relation between the concept of individual inheritance and its application in the wider concept of the collective inheritance for future generations. A debate in recent decades on the inheritance of future generations focused on the developments in biotechnology and the threats it may pose on the well being of generations that are yet to be born. Chapter 1 of the thesis focuses on some aspects of this debate and analyses arguments presented by Jurgen Habermas, Hans Jonas and other authors on the challenges and threats that biotechnological advancements will have in germ line therapy. It also focuses on theories of positive and negative eugenics, as well as on the future opportunities and threats arising from pre-implantation genetic diagnosis. Such opportunities and threats, undoubtedly, call for an immediate discussion on the legal measures that should be implemented to avoid experiments by the present generation that may have catastrophic effects on the health, genetic make-up and well being of future generations. A fundamental question in this respect is how and on what level legal measures should be implemented. Peter Serracino Inglott suggests that there should be measures on a local, regional, national and international level and thus supports the principle of subsidiarity. Another author, Emmanuel Agius provides a structured manner on how we should approach the challenge for adopting measures to protect the interests of future generations. Agius suggests that one should start by adopting the principle of the common heritage of mankind to resources such as the human genome and subsequently establish an international authority that would be responsible for safeguarding the interests of future generations. Thesis refers to these suggestions and in Chapter 2, provides an analysis of the theories on future generations outlining the advantages and disadvantages of future generations as well as intergenerational equity and the meaning of “heritage” and “mankind” in the concept of the common heritage of mankind. In Chapter 3, it builds on the theories of the common heritage of mankind and analysis whether the concept could be applied to the human genome. From these chapters, there emerges the need of primarily deciding on whether the human genome should be regarded as the common heritage of mankind. Such a decision may be the first step towards convincing the international community to take further initiatives such as implementing the proposal presented to the United Nations by the Maltese Government in 1992 to establish a Guardian for Future Generations. Such international initiatives may also serve to encourage countries to establish or strengthen initiatives on a national, regional or local level. A few countries have already taken up the initiative of establishing a Guardian or Commissioner for Future Generations. Malta has only recently established such an office and as is the case in Hungary, New Zealand and Israel, the law establishing such an office is more focused on the interests of future generations in the environmental sector and sustainable development. Thesis, therefore suggests that these countries should revise the legal measures establishing such offices to allow the Guardian or Commissioner for Future Generations to focus on a wider perspective and include the biotechnological sector as one of areas on which the Guardian may act as the advocate of future generations.