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Beyond Kryptonite: The Law and Ethics of Human Enhancement

Rani Ravinthran | Cyber, Tech and Space Fellow

Image sourced from Centre for Disease Control (CDC) via Unsplash.


The explosive development of biotechnology and genetic engineering presents fresh prospects for unprecedented human enhancement and augmentation, whilst simultaneously carrying enormous risk. From cognitive-boosting pharmaceuticals and neural implants to genetic modification and cybernetic augmentations, these advances present an opportunity to radically transform the human experience through blurring the distinctions between medication and enhancement, therapy and augmentation. Much like Superman, who possessed abilities which distinguished him from ordinary humans, we are presently on the verge of a world where science fiction and reality collide, offering the tantalising prospect of "super-powered" persons walking among us.

 

However, these advancements present complicated legal and ethical issues, necessitating international coordination and unity of approach. This domain's key challenges include regulating access to and usage of enhancement technology, establishing ethical boundaries, and preventing coercion or discrimination based on augmentation. Unlike the straightforward morality of comic book heroes, the real-world consequences of human enhancement technology are significantly more complicated.

 

A primary concern regarding human enhancement technologies involves safety. Several of these technologies remain in early stages of development, and their eventual effects on human anatomy, mental processes, and behaviour are not completely understood. At national and international levels, comprehensive regulatory frameworks are necessary to ensure careful analysis, risk assessment, and continuous monitoring of these developments. The regulatory authority for medical devices in Australia, the Therapeutic Goods Administration, has put in place frameworks for evaluating and keeping a watchful eye on medical devices and treatments, including those that incorporate technologies for human enhancement.


It is imperative to have strong safety procedures, clinical studies, and post-market monitoring to guarantee the responsible development and application of these technologies. While Australia currently prohibits gene patenting and human cloning alongside having strict regulations on the use of human embryos, more comprehensive legislation is needed specifically addressing emerging human enhancement technologies.

 

Another major concern is the prospect of exacerbating existing societal inequalities by forming an inequality between the "enhanced" and the "unenhanced." If accessibility to such technologies is determined predominantly by wealth and socioeconomic standing, disparities in education, employment and possibly life expectancy may result. The Australian Human Rights Commission (AHRC) has warned that unequal access to enhancements could undermine human rights principles such as equality and non-discrimination.


Consequently, international cooperation is required to create mechanisms that ensure the equitable distribution of enhancement technologies and prevent their misuse for discriminatory or coercive purposes. Public bioenhancement projects exemplify current efforts underway to give everyone access to human enhancement technology and avoid a future in which these developments worsen current inequality by benefiting only the wealthy. While there are many obstacles in the way of these initiatives' execution, it is believed that they are essential to maintaining human rights, societal equality, and the equitable distribution of the potential benefits of augmentation technologies among all members of the community.

 

Moral and theoretical concerns surrounding the upholding of human rights and dignity are also raised by the application of human enhancement technologies. What is a reasonable amount of improvement? Should there be a limit to how much we can change about the human condition? How do we strike a compromise between societal concerns and the rights of the individual? These issues necessitate international discourse, the advancement of ethical codes that ensure the protection of human rights and the responsible use of these technologies. Notably, the AHRC has emphasised the need to find a balance between individual autonomy, societal issues, and potential unintended consequences when it comes to technologies that have the potential to fundamentally alter human existence.

 

Just as comic book heroes grapple with the responsibility that comes with great power, we too must navigate the ethical implications of these technological breakthroughs. Moving forward, policymakers, regulatory agencies, bioethicists, and human rights organisations need to work together to regulate human enhancement technologies in Australia. International frameworks which already exist, like the Universal Declaration on Bioethics and Human Rights, can be used as a basis for developing more detailed policies and rules dealing directly with the difficulties associated with developing technologies for human enhancement. To guarantee that the development and use of these technologies is in line with societal values, ethical precepts, and the defence of individual rights and human dignity, ongoing public engagement and consultation will be necessary.



Rani Ravinthran is the Cyber, Tech and Space Fellow for Young Australians in International Affairs. She is an ambitious law and commerce student with a keen interest in the intersection of legal practice and emerging technologies. Currently in her final year of Bachelor of Commerce/ Bachelor of Laws at Macquarie University, Rani has gained valuable experience in the technology, finance and litigation fields, positioning her well for future work in cyber law and space regulations.

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