Submitted by Jake Widjaya on Wed, 25/10/2023 - 09:30
Despite needing clearer definition and enforcement, anticipatory duties are important shields against the potentially negative impacts of rapidly developing scientific advancements, Dr Rumiana Yotova argues.
Dr Yotova—an academic with the Cambridge Faculty of Law and LML—defines anticipatory duties as obligations to act with due diligence to maximise benefits and minimise harm, considering the impact on future generations. Under both human rights and international biomedical law, States have a duty to ensure respect for human dignity and human rights. Dr Yotova argues that this obligation extends to a duty to regulate at the international and domestic levels to prevent future research having potentially negative effects on human dignity and human rights.
In her paper she explains:
- Human Rights in International Biomedical Law: The principles of prevention and precaution, initially developed in international environmental law, are now influencing the interpretation of human rights law to ensure that medical science and technology are applied in a way respectful of human dignity and rights.
- Anticipatory Duties in International Law: Anticipatory duties are argued to have a ‘nascent state’ currently, construing them as obligations of conduct which would benefit from more clearly defined key terms and consequences.
- Anticipatory Duties in International Biomedical Law: Dr Yotova sets out four examples of anticipatory duties, concluding that the obligation to regulate high risk science and technology should be seen as the foundation for all anticipatory duties of the State in this field.
Dr Yotova concludes that States should create a binding universal international biomedical law instrument to fulfil their duty to regulate high risk science and technology. Her insights contribute to the discourse on how law can adapt to the rapid advancements in science and technology, ensuring that human dignity and rights are respected.
The full paper is available here.