Legal and ethical challenges in gene therapy

Abstract

This paper addresses implications of applying the ethical principle of justice to gene therapy. Regarding somatic cell gene therapy as a treatment of last resort for life-threatening or seriously disabling disorders may be inconsistent with subjecting therapy to the preliminary scientific and ethical scrutiny given to research proposals. Emergency care may justify disregarding legal conditions of care, and be governed by different ethical priorities than research. Excluding gene therapy for reasons of enhancement rather than cure is widely agreed, but cosmetic procedures are considered legitimate in private markets. Intergenerational justice is a principle that may justify concentrating therapy on conditions afflicting children rather than older patients.