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The 13th Amendment
of the U.S. Constitution forbids any grant of property rights
in a human being. That much is clear. But science and technology
are moving far faster than legal systems, blurring traditional
boundaries and definitions.
Bioengineers
have inserted foreign genes, including human genes, into the chromosomes
of many animals, including pigs, sheep, goats and chickens. In
the future, genetic engineering will enable scientists to intermingle
the genetic material of humans and animals to produce human-animal
hybrids. "It may be possible," writes one commentator, "to patent
and to enslave human-animal hybrids who think and feel like humans
but who lack constitutional protection under the 13th Amendment."Given
that animals containing human genes are already patentable, will
it be possible to patent human-animal hybrids? Some are calling
on US courts to begin developing a legal theory of "constitutional
personhood" that can be applied to genetically engineered species,
and afford them protection under the US Constitution.
Rick
Weiss
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