REGARDING BIOLAW: A CRITICAL VIEW FROM THE POINT OF VIEW OF PRINCIPLES AND FUNDAMENTAL RIGHTS

Abstract

As Law is a legal system that regulates the external conduct of people, inspired by the postulates of justice and legal certainty, which regulates social coexistence, it has a higher normative category or rank, in relation to Biolaw. Since the latter only responds to new needs derived from scientific and technological progress, related to the new possibilities of manipulation of human life. In relation to the principles, it is to be seen that the principle of legitimacy of the Law is preeminent to the principles of Biolaw. Thus safeguarding the legitimacy, not only of the legal system, but also of the correctness of the application of Biolaw. On the other hand, the purpose of law is broader and more basic than the purpose of Biolaw. Since the latter only covers a way of seeing and providing a solution to current problems. And in turn, the Law, shares principles and legal institutions. Biolaw must be regulated normatively and constitutionally, according to its subordinate nature to law. Biolaw must be understood and applied in all cases, in accordance with the legitimacy and fundamental rights to which all living beings are entitled. The purpose of Biolaw should not be placed before or superimposed on the purpose of law. Biolaw, as an emerging legal discipline, deals with the legal and ethical implications of biotechnological and medical advances. Its relationship with fundamental rights is intrinsic, since many of its principles are based on the protection and guarantee of these rights in the area of life, health and physical integrity. It is not a relationship of simple overlapping, but a complex interaction where fundamental rights act as pillars on which Biolaw is built, while Biolaw redefines and expands them in the context of the new biomedical realities. In sum, Biolaw presents itself as a field in constant evolution, where the interpretation and application of fundamental rights are crucial to ensure a responsible and ethical biomedical development that benefits humanity without compromising the values that sustain it.