From Public Eugenics to Private Eugenics: What Does the Future Hold?

Traditional public eugenics, which was ordered by the State, has been replaced by a kind of private eugenics conducted by parents using reproductive techniques, genetic testing and, eventually in the future, genetic engineering. While traditional eugenics strived to improve the species, the new model aims to satisfy parents' reproductive aspirations. The association between public and private eugenics is an ongoing issue, mostly due to its relation to nazi eugenics. This paper will state that both are eugenics; however, with different characteristics, and thus worthy of different legal and ethical assessments. The paper will contextualize private eugenics in the framework of reproductive rights (legal and ethical perspective) and in the development of genetics and reproductive techniques (scientific perspective). Finally, it will analyze some of the legal consequences of a broader acceptance of private eugenics, namely in terms of liability and tort law. Throughout the paper, the different legal solutions in place in Europe will contextualize its considerations.

The Use of Facial Recognition Technology by Law Enforcement in Europe: a Non-Orwellian Draft Proposal.

The European legal framework is not devoid of norms that are directly or indirectly applicable to facial recognition technology for identification purposes within law enforcement. However, these various norms, which have different targets and are from multiple sources, create a kind of legal patchwork that could undermine the lawful use of this technology in criminal investigations. This paper advocates the creation of a specific law on the use of facial recognition technology for identification in law enforcement, based on existing regulations, to specifically address the pressing issues arising in this domain. The ultimate aim is to allow its use under certain conditions and to protect the rights of the people involved, but also to provide law enforcement authorities with the necessary tools to combat serious crimes.

What to Do in the Next Pandemic Outbreak: Natural Herd Immunity Versus Lockdown (Lessons Learned from COVID-19).

The purpose of this article is to analyse non-pharmaceutical approaches to control pandemics. Currently vaccines are our best hope to control the COVID-19 pandemic, but before the appearance of the first vaccines the available possibilities were much more limited. While most people worldwide were confined to their homes to slow the spread of the new coronavirus, some countries (most notably the United Kingdom) advocated infecting the majority of the community, aiming to achieve what has been called "herd immunity". This article focuses on two non-therapeutic strategies for dealing with deadly viruses and points out their respective problems: natural herd immunity and quarantines/lockdowns. It analyses these strategies from three perspectives: legal, ethical and social. The article concludes that in the absence of therapeutic alternatives (vaccines), short-term lockdowns are necessary, but long-term lockdowns are legally, ethically, socially and financially impossible to sustain.

A Room with a View (and with a Gene Therapy Drug): Gene Therapy Medicinal Products and Genetic Tourism in Europe.

In contrast to the extreme caution that has been imposed on genetic medical procedures, in European law genetic drugs, or medications, have found a legal loophole that allows flexible (perhaps too flexible) access to these drugs. In Europe, Gene Therapy Medicinal Products are a form of Advanced Therapy Medicinal Products and as such submitted to the marketing authorization procedure. However, there are legal mechanisms in place - such as compassionate use, named patient use, and hospital exception - that allow for their provision to patients without proper approval. This is not, de per se, problematic; the problem arises, though, because such mechanisms are neither properly regulated nor monitored, and their application differs substantially according to the jurisdiction. This disparity and lack of control have given rise to situations of genetic tourism, where patients in desperate need travel to so-called genetic paradises, looking for a miraculous, and extremely expensive cure. The outcome is sometimes tragic, endangering patients' safety and undermining confidence in genetic products.

Meu corpo, minha escolha... a saúde de todos: batalhas sobre vacinação em tempo de pandemia / Mi cuerpo, mi elección... la salud de todos: batallas de vacunación en tiempos de pandemia / My body, my choice... everyone's health: vaccination battles in time of pandemic

Objectivo: a presente reflexão visa confrontar as reivindicações de autonomia pessoal relativamente à decisão sobre a vacinação com considerações de saúde pública e bem comum. Metodologia: este estudo será levado a cabo mediante uma análise dos argumentos de ambas as partes, tendo igualmente em conta a doutrina, legislação e jurisprudência relevantes. Resultados: conquanto de ambos os lados se esgrimam argumentos de valor, a actual existência de uma pandemia muda drasticamente as regras do jogo. Conclusão: no contexto de uma pandemia, considerações de saúde pública ­ ou seja, a erradicação da doença ­ devem ter primazia sobre a autonomia individual no que respeita à vacinação.

Objective: this reflection aims to confront the claims of personal autonomy regarding the decision on vaccination with considerations of public health and common good.Methodology:this study will be conductedthrough an analysis of the arguments of both parties, also taking into account relevant doctrine, legislation and jurisprudence.Results:while valuable arguments are being made on both sides, the current existence of a pandemic is a drastic game changer.Conclusion:in the context of a pandemic, public health considerations (i.e., the eradication of the disease) must take precedence over individual autonomy in what regards vaccination.

Objetivo: esta reflexión tiene como objetivo confrontar los reclamos de autonomía personal en la decisión de vacunación con consideraciones de salud pública y bien común.Metodología:esta investigación se llevará a cabo mediante un análisis de los argumentos de ambas partes, teniendo en cuenta también la doctrina, legislación y jurisprudencia relevante.Resultados:si bien ponderosos argumentos se invocan en ambos lados, la existencia actual de una pandemia cambia drásticamente las reglas del juego.Conclusión:en el contexto de una pandemia, las consideraciones de salud pública (es decir, la erradicación de la enfermedad) deben tener prioridad sobre la autonomía individualcon respecto a la vacunación.

Pigs Don't Fly and You Cannot Expect Absolutely Safe COVID-19 Vaccines (But You Should Expect a Fair Compensation).

This paper focuses on the COVID-19 vaccines authorised for use in the European Union, and explores the mechanisms in place to control vaccine safety and to compensate injured patients, mainly in the context of European law. Based on these considerations, the paper concludes that the refusal by some potential vaccinees to take the vaccine based on safety concerns is ungrounded and an indication of unrealistic expectations, but that in order to build public trust proper compensation mechanisms should be in place.

The new Japanese regulation on human/non-human chimeras: should we worry?

In March 2019 Japan modified its norms regarding research with human/non-human chimeras. The amended rules allow the creation of chimeras with human brain cells, and the subsequent transfer of the resulting creature to an uterus, where it can develop for more than 14 days, eventually until term. At this moment, the real consequences of this new regulation in actual research are still uncertain. However, many concerning issues have already been identified. This paper will start by addressing traditional topics involving this practice: the use of non-human animals in research, the use of human stem cells in scientific experimentation and the creation of human/non-human chimeras. Subsequently, it will analyze the new concerning issues brought on by the 2019 amendment: the use of human brain cells, the transfer of the chimera to an uterus and its development for more than 14 days, and the possibility of using animals which present close similarities with humans. In the end, the paper will conclude that in spite of the legal and ethical hazards that this new regulation might carry, it should be allowed under strict scrutiny.

International Efforts and Next Steps to Advance COVID-19 Vaccines Research and Production in Low- and Middle-Income Countries.

Equitable and efficient distribution of COVID-19 vaccines continues to be a key issue in global health, and a targeted approach is needed to meet the World Health Organization's world vaccination targets. Although some low- and middle-income countries (LMICs) are developing their own vaccines to address the distribution problem, legal and technical challenges have had a negative impact on productivity. This article explores relevant international legal instruments that can enable faster research and development of COVID-19 vaccines in LMICs, focusing on the role of biosafety standards, biological materials transfer, and key knowledge sharing. Our analysis has established that the potential of existing global health legal instruments has yet to be realized in order to close the productivity gap in LMICs and strengthen their vaccine manufacturing capacity. Additionally, mutual recognition of vaccine efficacy has become a new challenge for achieving global vaccination targets. We argue that the World Health Organization should continue its leading position by developing a more practical and targeted framework to help LMICs overcome challenges arising from technology transfer, knowledge sharing, and politics.

Access to Health Care by Migrants with Precarious Status During a Health Crisis: Some Insights from Portugal.

In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision is not only remarkable in light of the fulfilling of migrants' rights to health, as imposed by international commitments assumed by, but also in view of the fight against COVID-19. The decision is grounded both on human rights and in public health reasons. The paper is divided in two main parts. In the first one, it analyzes national State obligations with regard to healthcare provision to migrants in irregular situation. In the second part, it analyzes the Portuguese solution, using this case study to discuss the possible mechanisms to comply with such obligations.

Correction: COVID-19 Contact Tracing Apps: A Technologic Tower of Babel and the Gap for International Pandemic Control.

[This corrects the article DOI: 10.2196/23194.].

COVID-19 Contact Tracing Apps: A Technologic Tower of Babel and the Gap for International Pandemic Control.

As the world struggles with the new COVID-19 pandemic, contact tracing apps of various types have been adopted in many jurisdictions for combating the spread of the SARS-CoV-2 virus. However, even if they are successful in containing the virus within national borders, these apps are becoming ineffective as international travel is gradually resumed. The problem rests in the plurality of apps and their inability to operate in a synchronized manner, as well as the absence of an international entity with the power to coordinate and analyze the information collected by the disparate apps. The risk of creating a useless Tower of Babel of COVID-19 contact tracing apps is very real, endangering global health. This paper analyzes legal barriers for realizing the interoperability of contact tracing apps and emphasizes the need for developing coordinated solutions to promote safe international travel and global pandemic control.

International Access to Public Health Data: An Important Brazilian Legal Precedent.

Accurate, up-to-date data are the bedrock of effective public health responses, including in the context of the suffering caused by COVID-19. Any action to inhibit the compilation of such data has ramifications locally, nationally and internationally, and risks impairing the global capacity to respond to the virus. This article contextualises the decision of the government of President Bolsonaro of Brazil to reduce the accessibility of contemporary data about COVID-19 infections in Brazil within his views about, and responses to, the virus. It identifies the nature of actions taken to suppress such data by the Brazilian Ministry of Health and then scrutinises a decision by De Moraes J of Brazil's High Court in Sustainability Network v The President of the Republic of Brazil (ADPF 690 MC/DF, 8 June 2020), which quashed the attempted suppression of public health data. The article hails the decision as an important public health law precedent.

Macau, a luta contra a Covid-19 no olho do furação / Macao, the fights against Covid-19 in the eye of the hurricane / Macao, la lucha contra la Covid-19 en el ojo del huracán

Objectivo: analisar como a Região Administrativa Especial de Macau lida com a pandemia causada pelo novo coronavírus, SARS-CoV-2. Metodologia:análise das leis vigentes no território, das decisões tomadas e das práticas adoptadas. Resultados:Macau, diferentemente de vários outros países, já possuía legislação específica de combate a crises sanitárias ­Lei nº 2/2004 ­o que facilitou a adopção de medidas restritivas de direitos e liberdades de forma imediata, e sem indagações quanto à sua legalidade e/ou constitucionalidade. O comportamento social da população e a adopção de medidas voluntárias ­uso de máscaras e quarentena voluntária ­também foram identificados como factores importantes para enfrentar a doença. Os princípios da precaução e da necessidade podem ser claramente observados na adopção das medidas de saúde pelo governo de Macau.Conclusão: o controlo da pandemia foi conseguido por via de várias medidas ­umas de base legal, outras puramente sociais ­,que contaram com o apoio da população. Macau é um autêntico case study de como se controla uma pandemia.

Objective: to analyse how the Macao Special Administrative Region deals with the pandemic caused by the new coronavirus, SARS-CoV-2.Methodology:analysis of the laws in force in the territory, the decisions made, and the practices adopted.Results:Macao, unlike several other countries, had already specific legislation to combat health crises ­Law n. 2/2004 ­which facilitated the immediate adoption of restrictive of rights and freedom measures, without inquiries as to their legality and/or constitutionality. The population' social behaviour and the adoption of voluntary measures -masks wearing and voluntary quarantine -werealso identified as important factorsto face the disease. The principles of precaution and necessity can be clearly observedin the adoption of health measures by the Macao government.Conclusion:the control of the pandemic was achieved by using several measures ­some legally based, others purely social ­fully supported by the population. Macao is an authentic case study of how to control a pandemic.

Objetivo: analizar cómo la Región Administrativa Especial de Macao se enfrenta a la pandemia causada por el nuevo coronavirus, SARS-CoV-2. Metodología: análisis de las leyes vigentesen el territorio, de las decisiones tomadas y de las prácticas adoptadas. Resultados: Macao, a diferencia de otros países, ya tenía una legislación específica para combatir las crisis de salud, la Ley n. 2/2004, que facilitó la adopción de medidas restrictivas de derechos y libertades de inmediato, y sin cuestionamientos sobre su legalidad y/o constitucionalidad El comportamiento social de la población y la adopción de medidas voluntarias (usar máscaras y cuarentena voluntaria) también se identificaron como factoresimportantespara enfrentar la enfermedad. Los principios de precaución y necesidad pueden observarse claramente en la adopción de medidas de salud por parte del gobierno de Macao.Conclusión:el controlo de la pandemia se logró mediante varias medidas -algunas de base legal, otras puramente sociales, que contaron con el apoyo de la población. Macao es un auténtico case study sobre cómo controlar una pandemia.

Can China's 'standard of care' for COVID-19 be replicated in Europe?

The Director-General of the WHO has suggested that China's approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China's political power is concentrated in the central government. This enables it to take immediate measures that affect the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen.

An ethical evaluation of the legal status of foetuses and embryos under Chinese law.

Under Chinese law, the juridical status of the embryo and the foetus is unclear, mainly because the existing legislation can be subject to diverse interpretations due to its ambiguous language. Lack of clarity with the law has led to different understandings amongst Chinese legal scholars. However, although there has been no consensus, there has been a clear tendency to deprive embryos and foetuses of legal status or personhood, thereby excluding them from entitlement to fundamental rights, an understanding reinforced by the Confucian view of the beginning of life. It is expected that in the near future the Chinese courts will face issues involving embryos and foetuses more often, such as disputes over in vitro embryos. The lack of legal precedent could result in contradictory resolutions, therefore, the law should clarify the legal status of embryos and foetuses and accord to prenatal life special respect and treatment.

Wrongful genetic connection: neither blood of my blood, nor flesh of my flesh.

The use of reproductive techniques and the eventual reproductive negligence from the provider of reproductive services gave rise to situations in which the intended parents are deprived of raising a child genetically connected to them. Courts have been dealing with cases of those for years, but have systemically denied claimants (the prospective parents) compensation, failing to recognise as damage the loss of genetic connection. In 2017, for the first time, the Singapore High Court provided compensation for that damage, labelled "loss of genetic affinity" (ACB v Thomson Medical Pte Ltd and Others [2017] SGCA 20). This paper will argue that the damage in question is the loss of genetic connection (wrongful genetic connection) and results from a violation of reproductive rights (and eventually also the right to found a family) because a key element of reproductive rights is to have children with whom we keep a genetic bond and raise them. The paper will explain why the arguments classically argued against such compensation are unfounded and it will argue for a compensation covering both patrimonial and non-patrimonial damages.

CRISPR-Cas9 and the Promise of a Better Future.

Due to its simplicity, low cost and accuracy, CRISPR-Cas9 has become a promising new technique in the field of gene editing. However, despite its virtues, it is not yet immune to scientific hazards and ethical legal concerns. These concerns have been used to justify opposition to genetic manipulation, and have led to some regulations to ban or impose a moratorium based on the precautionary principle. In Europe, regulation mostly comes from the European Union and the Council of Europe, both very cautious towards gene editing. In this article, two arguments on the future legal framework of CRISPR-Cas9 are made. The first is that continued research will contribute to more scientific accuracy; thus, the precautionary principle should promote regulated research to achieve this aim. The second is that most of the legal and ethical concerns surrounding CRISPR-Cas9 are based on unfounded prejudice emanating from a mystical understanding of the human genome.