Civil Liability Resulting from Biotechnological Damage from the Perspective of Bioethical Principles
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 14 No. 39 (1403),
28 June 2024
,
Page 1-14
https://doi.org/10.22037/bioeth.v14i39.44963
Abstract
Background and Aim: New methods in the treatment of incurable diseases such as cancer, thalassemia, Parkinson’s disease, and growth hormone production indicate the extent of opportunities created for utilizing biotechnology. However, biotechnology has also faced challenges such as civil liability and compensation for damages. Accordingly, the present article aims to examine civil liability arising from biotechnology-related damages from the perspective of bioethical principles.
Methods: This article has been conducted using a descriptive-analytical method and based on library sources.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: Based on fundamental principles of bioethics, such as the principle of non-maleficence and the principle of beneficence, biotechnology must both avoid causing harm and provide benefits. In cases where harm arises from biotechnology, compensation for damages is necessary. However, in Iranian law, the liability system is based on fault, and a major issue in compensating the injured party within such a system lies in the difficulty of proving fault by the victim, which consequently leads to uncompensated damages. Therefore, it seems that the strict liability theory is more effective in this regard.
Conclusion: The Civil Liability Law does not meet the needs of today's society, and it is necessary for the legislator's approach to civil liability arising from damages caused by biotechnology to shift toward strict liability, based on bioethical principles.
- Civil liability
- Damage
- Biotechnology
- The Principle of beneficence
- The Principle of non-maleficence
How to Cite
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