THE CONSTITUTION ON THE GENOMIC RESEARCH: A VIEW OF RUSSIA AND SWITZERLAND

Abstract

The article presents a doctrinal analysis of the problems of the levels of legal evaluation of genetic research. The General conclusion is that the Swiss approach to this problem with the inclusion of articles on genetic research in the content of the Constitution is as unique as it is poorly focused on possible copying in foreign legal orders. The traditional approach, in line with which the national systems of constitutional law (including Russia) are built, is the absence of norms in the constitutions on the issues of genetic research; The resolution of specific cases related to medical and genetic problems in the bodies of constitutional control, as well as in supra-state judicial jurisdictions (in particular, the ECHR) may be based, inter alia, on recourse to the rapper norms and principles of national and integration law: the right to life, the right to dignity of the individual.