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All Journal Lentera Hukum Indonesian Journal of International Law
Sarker, Shuvro Prosun
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysing Discrimination based on Genetic Information Akash, Akash; Sarker, Shuvro Prosun
Lentera Hukum Vol 11 No 2 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i2.43512

Abstract

This paper analyzes and critiques existing literature on discrimination based on genetic information collected during genetic tests of individuals and the legal issues attached therewith. Genetic variations, which can lower or raise disease risk, result from the inheritance of parental genes. Subjecting individuals to stigmatization based on their unique ancestry or genetic status raises legitimate concerns. The literature review reveals that the issue of discrimination based on genetic information has occurred in countries like the United States and Canada. Accordingly, concerns regarding new forms of discrimination arising from the collection of information during genetic testing have grown over the decades in the wake of technological advancements in biotechnology, health, and allied sciences, as several studies have revealed. On the contrary, more material sufficiency in India necessitates consulting data from various disciplines. A conceptual framework is proposed to examine the theoretical foundations of non-discrimination provisions, compare genetic information non-discrimination legislation in the United States and Canada to India, and evaluate the practicality of implementing such laws in India. The initial testing of this framework suggests that due to insufficient legislation, there may be a need for enforceable measures to mitigate genetic information-related discrimination in India. The research problem requires qualitative research to gain an in-depth comprehension of experiences, phenomena, and context. This paper makes two main contributions: establishing a comprehensive background to allow comparisons by scholars and policymakers on the matter and helping to further the debate on the subject to generate value-based research regarding the ethical, legal, and social impacts of genetic research and anti-discrimination laws.KEYWORDS: Non-discrimination, Genetics and law, Literature review, Genetic discrimination.
Where Kindness Is Calculated: Refugee Regimes in South Asia Sarker, Shuvro Prosun; Bhattacharya, Shreyasi
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that labelled refugee status and protection to ambiguity. The article investigates how the major refugee groups have been received in these countries and tries to unearth if there exists a common pattern in the State practices that can characterise a South Asian approach to refugee protection. The article results in establishing the proposition that the ‘kindness’ is calculated based on an ad-hoc measures of refugee protection based around religion, language and culture. Proceeding from this proposition, the article emphasises the need for a uniform refugee protection regime common or unique to all countries in South Asia for regulating refugee movements across South Asia.
Co-Authors Akash, Akash Bhattacharya, Shreyasi