1994 Fiscal Year Final Research Report Summary
Human rights theory regarding control of scientific technology
| Project/Area Number |
05620010
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | University of Tsukuba |
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Principal Investigator |
TONAMI Koji University of Tsukuba, Institute of social sciences, Professor, 社会科学系, 教授 (00155540)
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| Project Period (FY) |
1993 – 1994
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| Keywords | scientific technology / gene technology / human ethics / freedom of study / technology regulation law / environmental right / human dignity / right of personality |
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| Research Abstract |
1. The aim of this research is to inquiry how we control highly developed technology from an aspect of constitutional law and human rights theory.The question is the limit of free study about scientific technology on the one hand, and protection of life and health, environment, and personality or human dignity on the other hand.
2. In Germany the regulation of scientific technology is long discussed and the gene technology law is already enacted in 1990, in which a license system for founding and operating gene tehnical facilities.license is given according to the graduated level of danger. In 1994 the gene technology law was amended because of competition of another countries, of indication of EU.
3. Free study is indeed protected higher than other liberties, but in the field of technology it suffers some kind of special limitation on behalf of our life, environment and human dignity. For example, certain studies such as physical experiments must be prohibited, a prior restraint such as a license sysytem to construction of gene manipulation facilities must be allowed.But, on the other hand, excessive limitation to scientific studies has to be also avoided. The appropriate line shuld be brawn by means of sufficient research into safety of scientific technology.
4. The basic reason of regulation of scientific study lies in human dignity at all. Human dignity is not only the base of human rights but also is an independent right, with which we can request to government certain concrete measures to protect human rights. Therefore scientific technology which would deny the existence of human beings or insure human dignity, and also the technology which would bring us such danger must be regulated.
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