At the intersection of law and ethics
Modern challenges in the field of regulation of biomedical technologies
The issues of legal regulation in the field of the latest biomedical technologies were discussed by experts at the site of the VIII St. Petersburg International Legal Forum.
The discussion was moderated by Laurence Lvoff, Secretary of the Bioethics Committee of the Council of Europe. The Director General of the Directorate for Human Rights and the Rule of Law (retired) took part in the discussion Philippe Boya of the Council of Europe, Judge of the European Court of Human Rights Dmitry Dedov, member of the Bioethics Committee of the Council of Europe Siobhan O'Sullivan, Deputy Minister of Health of the Russian Federation Oleg Salagai, Head of the Center for the Treatment of Critical Heart Failure of the Academician V.I. Shumakov National Research Medical Center for Transplantation and Artificial Organs Alexey Shevchenko.
Opening the discussion, Laurence Lvoff noted that the development of technology blurs the boundaries between medicine and other areas of human activity. "New technologies are a source of future progress, but they can be invasive, interfere with and control human life, and raise concerns about their abuse," she said. Ensuring synergy between progress and the protection of human rights became the main topic of discussion.
Siobhan O'Sullivan in her report identified three main areas of new technologies that are closely related to human rights issues: genomics, neuroscience and artificial intelligence. Currently, everyone can undergo a study of their genome to identify, for example, a predisposition to certain diseases. At the same time, there are certain risks associated with the possible use of the data obtained. "By merging genomic data with information from other sources, it is possible, although not yet technically simple, to determine the identity of a person. This makes you vulnerable to potential discrimination. For example, from employers who may refuse to work for you, fearing significant costs associated with the risk of your health," suggested a member of the Bioethics Committee of the Council of Europe.
The expert also noted the growing progress in the field of artificial intelligence. "Google has already developed a machine learning algorithm that diagnoses cancerous tumors 16 percent better than doctors. And although artificial intelligence may be ahead of the human being, in some areas, this problem has not yet been completely solved. It is unclear when we will be able to achieve complete success here," Siobhan O'Sullivan stressed.
Alexey Shevchenko spoke about the impact of modern technologies on everyday medical activity. "Today, we have technologies that really allow seriously ill, terminally ill patients to be able to work, adapt them back into society, return them to social life," he said. Speaking about legal regulation, the medic stressed that, from the point of view of medical professionals, open and transparent laws are needed that would help specialists do their job and ensure the right of patients to receive adequate medical care. As a successful example of legal practice, the expert cited the existing law on transplantation in Russia.
Judge Dmitry Dedov noted that the sphere of new technologies is constantly and in large numbers found in the practice of the ECHR already now. "Every time we solve a seemingly legal problem, ethics problems arise. They are so closely related to each other that sometimes you are amazed," the lawyer shared. As an example, the expert cited several of the most revealing cases from practice related to surrogacy, assisted human reproduction methods, issues of euthanasia and artificial life support.
Speaking about biomedical law and the norms of legislation, Deputy Minister of Health of the Russian Federation Oleg Salagai said that in Russia this area is regulated by a set of documents, the key of which is Federal Law 323-FZ "On the basics of protecting the health of citizens in the Russian Federation." At the same time, Oleg Salagai highlighted two main issues that have yet to be resolved, in particular, which areas of technology development require additional regulation and implementation problems. Among such areas, the speaker named the topic of genomics and genome editing, as well as the topic of improving human nature through progress. Oleg Salagai also urged not to forget about modern risks to human life and health.
Philippe Boya noted the important role of intergovernmental organizations, in particular, the Council of Europe, in conducting an international dialogue on the problems of the relationship between the development of new technologies and the protection of human rights. "Progress has an international dimension. All countries face the same challenges," the representative of the Council of Europe stressed and added that this area is not the refuge of a narrow number of experts. "We must be inclusive and involve all stakeholders, including lawyers, doctors, scientists, competent authorities and, of course, representatives of civil society and the public in general," he added.
Summing up the discussion, Moderator Laurence Lvoff thanked all the participants and experts and expressed the opinion that the discussion will definitely contribute to the global dialogue.
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