Insult to injury: A disability-sensitive response to professor Smolensky's call for parental tort liability for preimplantation genetic interventions
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In her article Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic Interventions, Professor Kirsten Rabe Smolensky argues that children who were subject to preimplantation genetic manipulation should have the ability to sue their parents for damages when the parents "directly intervene in the child's DNA and consequently cause that child to suffer a disability which limits the child's right to an open future." This paper addresses the implications for people with disabilities of that argument. Specifically, it argues that limiting damages to cases in which a child is born with a disability unnecessarily and inaccurately devalues life with disability and leaves unprotected children whose DNA is shaped for traits other than disability at the request of their parents. It then suggests a disability-sensitive approach for delineating cognizable injury under which genetic modifications for disability are treated like other genetic modifications that shape a future child for cultural, aesthetic, or social reasons.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Lisa Bortolotti & John Harris (2006). Disability, Enhancement and the Harm -Benefit Continuum. In John R. Spencer & Antje Du Bois-Pedain (eds.), Freedom and Responsibility in Reproductive Choice. Hart Publishers.
Julian Savulescu & Guy Kahane (2009). The Moral Obligation to Create Children with the Best Chance of the Best Life. Bioethics 23 (5):274-290.
S. Camporesi (2010). Choosing Deafness with PHD: An Ethical Way to Carry on a Cultural Bloodline? Cambridge Quarterly Healthcare Ethics 19 (1):86-96.
Helen Watt (2004). Preimplantation Genetic Diagnosis: Choosing the “Good Enough” Child. [REVIEW] Health Care Analysis 12 (1):51-60.
Larry A. Herzberg (2007). Genetic Enhancement and Parental Obligation. Philosophy in the Contemporary World 14 (2):98-111.
Ron Amundson & Shari Tresky (2007). On a Bioethical Challenge to Disability Rights. Journal of Medicine and Philosophy 32 (6):541 – 561.
Christopher L. Griffin Jr & Dov Fox, Disability-Selective Abortion and the Americans with Disabilities Act.
Added to index2009-01-28
Total downloads6 ( #190,970 of 1,096,439 )
Recent downloads (6 months)1 ( #231,754 of 1,096,439 )
How can I increase my downloads?