Articles for author: Niall Coghlan

If the EU Picks Baby Genes

Which genes should children not inherit? This is a fundamental question. It arises acutely in medically assisted reproduction, such as in-vitro fertilization (IVF) or artificial insemination. One must frequently choose between different donors, sperm, eggs or embryos. The EU wishes to draw this line. However, Its proposed Substances of Human Origin Regulation (‘SoHO’) treads into delicate ethical and political territory, without properly addressing, or even mentioning, crucial ethical questions. This leads the EU to silently take three controversial positions: the proposal excludes most ethical considerations; it draws the line vaguely and below existing ethical standards; and it makes genetic selection mandatory in genetically assisted reproduction.

Dissecting Covid-19 Derogations

Does the pandemic require derogation from human rights treaties? This question has sparked significant debate, notably spurred by Alan Greene’s provocative argument that failing to derogate would denature ordinary human rights law and leave the start and end points of the crisis unclear. Others disagree: Scheinin argues the principle of normalcy, contained in General Comment 29, should continue to apply. Only where ordinary human rights provide inadequate flexibility should derogation be considered, and even then the principle should continue to limit the derogations. Several analyses have complemented this debate, analysing the ECtHR’s practice (Molloy), the detail of the European derogations ... continue reading