5 - The Regulation of Human Germline Genome Modification in Mexico

Summary

The aim of this chapter is to provide an overview of the constitutional and legal landscape in Mexico regarding healthcare and health research systems, in order to establish the potential implications for human genome engineering. In doing so, it first explores the recent constitutional changes in relation to the protection of human rights in the country and Latin America. It establishes that a progressive interpretation of the Mexican constitution in line with the international treaties on human rights signed and ratified by Mexico could be the way forward in permitting basic and applied health research, specifically via using CRISPR/Cas to modify the human germline genome for the benefit of human health. Due to the fact that the existing legal provisions in place are so fragmented and there is a lacuna regarding specific regulation of the human genome, it is feasible to propose that by applying a human rights purposive approach in favour of the right to freedom of science and right to be benefited from scientific progress, research on human germline genome editing should be legally possible. This is also supported by the case jurisprudence that has been developed by the Latin American Court of Human Rights regarding access to assisted reproduction technologies.