نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، گروه حقوق، واحد نیشابور، دانشگاه آزاد اسلامی، نیشابور، ایران.
2 استادیار گروه حقوق، واحد شاندیز، مؤسسه آموزش عالی، شاندیز، ایران
3 استادیار گروه حقوق، واحد نیشابور، دانشگاه آزاد اسلامی نیشابور، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
he issue of the relationship between technological cooperation in the field of human-centered genetic research and human rights issues (right to life and right to health) on the one hand, and the hidden functions of obtaining citizens' genetic IDs on the other hand, have made the ethical, political, security, and legal aspects of genome-based contracts much more important than their medical aspects. Therefore, it is necessary for developing countries to control, develop, and support scientific interactions and exchanges in the field of human genetic resources by examining the political, security, and social aspects and creating special support and monitoring tools. Findings: However, the use scientific diplomacy capacities and technological cooperation in the field of gene research and cross-border transfer of cell lines and human genomes, in addition to quantitatively and qualitatively improving the credibility of research, has provided favorable environment for the possibility of centralized and coordinated analysis of cellular and biological samples; However, the invention of modern methods of gene replication and editing, as well as the potential functions of genetic information obtained from human samples,
Introduction
Today, mineral resources and military power are no longer regarded as the sole components of power; rather, technological advancements and international collaborations in technology have become key components of a country’s soft power. These factors serve as potent tools to project national capabilities, strength, and prestige, thus attracting the attention of policymakers. While remarkable genetic interventions in the human genome have created an optimistic outlook for the treatment of genetic defects and the improvement of public welfare, the growing non-medical uses of genetic data, such as in employment, insurance, judicial authorities, and educational institutions have raised numerous legal, ethical, and security concerns. These concerns include the potential violation of citizens’ genetic privacy, the imposition of unjust discrimination, the unfair acquisition of intellectual property rights over genetic resources, and the development of biological weapons. Consequently, leading countries have made considerable efforts to regulate the use of biological and laboratory samples from their citizens. This emerging genetic trade, compared to other economic revolutions in history, has been accompanied by troubling ethical issues and consequences.
Theoretical Framework
Unfortunately, the lack of coordination in regulating the use of human genetic resources, relative to the rapid advancements in genetics and the increasing number of research centres in this field, creates a legal gap. This gap jeopardises human dignity and the right to life, making it challenging to address its consequences. Given that products derived from the human genome directly impact the health and dignity of individuals, they are fundamentally different from other scientific, industrial, and commercial creations. The predictive nature of the human genome, regarding the hereditary and clinical characteristics of individuals, highlights the need for precautionary measures and legal guarantees such as legislative, judicial, and criminal policies, alongside security and political strategies to protect the confidentiality of these data and the conditions governing biobanks. This ensures that the findings derived from genetic data do not lead to genetic discrimination or the restriction of individuals' human, customary, and legal rights in areas like employment, insurance, or biological misuse against national security. Genetic data from ethnic groups and nationalities, as well as innovations from genetic research, are considered part of the economic assets of individuals and the scientific secrets of nations. Given these concerns, and emphasising the need for more thorough reflection by researchers and policymakers, this paper seeks to address the key question: What specific actions should Iran take at the international level to protect and legally safeguard the biological data of its citizens or ethnic groups, while strengthening the infrastructure of its genomic industry?
Methodology
A review of existing literature on national security reveals that most studies have focused on national security from a military perspective, with some addressing it from economic or other angles. However, studies on national security from the perspective of modern technologies, particularly human genetic biotechnology, remain scarce. This research offers a novel contribution in this regard. The findings are based on a qualitative, exploratory study. Data were gathered from library resources, newspapers, reputable journals, and online databases. In addition to the purposeful use of library and internet sources, consultations with experts in related fields have enriched the study.
Results & Discussion
A key pillar of societal strength is "health" and "national security," both of which are targeted by adversaries through lifestyle choices. In recent years, biological threats have led to a redefinition of "security" as strengthening defences against biological risks and preparing for biological incidents. Iran’s defence policy, guided by verse 60 of Surah Al-Anfal:" وَأَعِدُّوا لَهُم مَّا اسْتَطَعْتُم مِّن قُوَّةٍ "And prepare against them whatever you are able of power..." emphasises enhancing biotechnology defence capabilities for deterrence, safeguarding the country, and managing crises caused by various threats. This is achieved through the development and implementation of a biological defence programme, which aims to prevent terrorists from accessing biological agents, equipment, and the technical knowledge required to develop biological weapons.
Conclusions & Suggestions
Iran's position regarding international technological cooperation in genomic research, including the exchange of citizens’ genetic data, considers the importance of public order, prioritises the security of the Muslim community, and seeks to prevent foreign domination due to the potential for espionage. Such collaborations may aim to access sensitive information and uncover weaknesses that could harm national security. To mitigate these risks, Iran aims to strengthen domestic research infrastructure, including properly equipping laboratories, providing financial support for knowledge-based companies, and localising science and technology. Nevertheless, when it comes to beneficial genetic research, given the pivotal role of human biotechnology in strengthening scientific, economic, and defence capabilities, and in cases where domestic laboratory facilities are lacking, tissue samples may need to be sent abroad. In such cases, the selection of partner countries should be based on political, social, and cultural factors, considering the country’s specific conditions to ensure the benefit of the studied community..
کلیدواژهها [English]