The law of genomic sovereignty and the protection of "Mexican genetic patrimony"

Med Law. 2012 Jun;31(2):283-94.

Abstract

We present a socio-legal analysis of the policy agenda known as genomic sovereignty in Mexico--in which the notion was first coined--and its translation into a national law of health aimed at regulating population genomics research in the country. Based in more than 2 years of participant observation we sustain that the notion of genomic sovereignty, aimed at protecting the "unique" genetic patterns of populations needs to be critically reassessed. The main problem with such notion is that there are no scientifically sound ways to delimit the genetic "uniqueness" of any population in the world. Arising from this dilemma it becomes increasingly clear that the patrimonial doctrines that have been used to regulate population genomics in Mexico are inoperative, and rather than creating a legal environment in which medical genomics can become a national public good, it has created a law that has been used to monopolise human genomic research in the country; making blood samples and data tool for dispute amongst scientific elites.

MeSH terms

  • Genetic Research / legislation & jurisprudence*
  • Genome, Human / genetics
  • Genomics*
  • Government Regulation
  • Humans
  • Mexico