The European Court of Human Rights and the Emergence of Human Germline Genome Editing

What is it about?

Before the possibility to modify the human genome to prevent inheritance of genetic diseases becomes clinically available, it is important to shape regulation in accordance with human rights. This article examines the compatibility of human germline genome editing with Article 2 ('right to life') and Article 8 ('right to private and family life') of the European Convention of Human Rights. The existing case-law of the European Court of Human Rights regarding reproductive rights and the legal status of an embryo indicates that human germline genome editing falls under the reproductive rights as protected by Article 8, but the national authorities have been granted a certain margin to limit these rights. It also becomes clear that the legal status of the embryo should be clarified in relation to the clinical availability of human germline genome editing, given that it enacts modification to furture generations as well.

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