SP 1 Normativity of Human Reproduction

SP 1 explores the evolving normativity of human reproduction and genetics, with a particular focus on genomics, in a global context.

Building on the foundational research from Phase 1 and bringing together expertise from law, ethics, gender studies, and theology, SP 1 continues to grapple with core questions, including how normative frameworks can effectively balance individual rights with societal interests, and how medical advancements can align with ethical and legal values.

The second phase is also devoted to addressing some new critical questions, such as:

• Can and/or should the relevance of the bio-logic be reconsidered and adjusted to recent and future developments in ARTs and genomics? What consequences would this have for our understanding of concepts such as marriage, family, parenthood, and gender?
• What ethical and legal standards should be applied to the technologies associated with genomics, especially as concerns health data?
• How can these technological advancements be distributed responsibly, shared transparently, and protected against rogue actors?
• How should legal and economic entitlements related to these technologies be allocated? Should rights to these technologies and their applications be individual or collective? How can we prevent undesirable gatekeeper positions developing among individual market players or states?
• What lessons can be learnt from ARTs and genome editing in animals, and what effects of these techniques need to be considered when taking a One Health approach?

The Project entails three research areas, which are interlinked by a common methodological-reflective framework.

• Rights over bodies and bodily substances
• Descent and family
• The Scope and limits of reproductive autonomy

Patent law-based access systems for CRISPR-Cas9 technology (by Sharon Petralia)
Patent law restricts the use, research and exploitation of CRISPR-Cas9, but patents also protect the invention and its commercialisation, thereby driving competition and incentivising further innovation. This aims to strike a balance between the interests of inventors and those of the general public. In this PhD project, the groundbreaking CRISPR-Cas9 technology will be examined from the perspective of intellectual property law, with a focus on patent law. The project assesses existing access systems under Swiss and other laws that (may) enable the use of CRISPR-Cas9 technology; it then identifies what an optimised access rights system might look like and makes suggestions for its implementation (with a focus on Switzerland).

Theological-ethical considerations on vulnerability in the context of intended parenthood and unvoluntary childlessness (by Leonie Abstein)
The desire to have a child is closely linked to the respective idea of a good life. In times of modern contraception and reproductive medicine, the decision to have a child of one's own seems more predictable and controllable than ever before. These developments can tempt us to ignore the moments of unavailability and vulnerability associated with human reproduction. Under such conditions, an unfulfilled desire to have children can be perceived as even more painful. Vulnerability concepts can provide a useful starting point for ethical reflection on how to deal with these issues, for example by asking how experiences of vulnerability and harm can be integrated into life and life plans. This can be linked with Christological considerations on incarnation: The voluntary exposition to vulnerability can be seen as connection of people who decide to desire a child with God, the Father, who brings his son into the world as a vulnerable newborn.

The company as a rights-holder under the ECHR (by Eloise Ward)
The European Court of Human Rights has long found companies capable of having human rights and thus, of being victims of human rights violations, regardless of their commercial nature. By analysing the caselaw and its evolution, this project considers the Court’s approach to the human rights of companies. The project will focus on what the caselaw tells us about companies as rights holders, as well as on the potential impacts of companies’ rights on the human rights of individuals. Referring to and building on existing theories on the human rights of companies, this project aims to consider how the rights of companies compare to and interact with the rights of individuals within the Court’s caselaw. 

The Protection of Know-How under Swiss Unfair Competition Law (by Maimuna Jobarteh)
This PhD project examines the protection of know-how under Swiss unfair competition law, with particular emphasis on Articles 5 and 6 of the Unfair Competition Act. It explores the role of unfair competition law within the broader framework of intellectual property protection. While know-how protection is often discussed in relation to technical innovation, the project pays special attention to creative and aesthetic contributions that increasingly represent significant economic value in innovation- and design-driven contexts. The aim is to analyse the underlying protection logic of unfair competition law and to clarify to what extent it functions as an autonomous instrument for safeguarding commercially valuable contributions that are not formally protected by intellectual property rights.

The future of abortion: Investigating the clinical, legal and socio-ethical implications of using artificial placenta technology to replace abortion (by Dorothea Chatzikonstantinou)
Technological advancements bringing us a step closer to an Artificial Placenta (AP) technology that could soon be available for human trials have introduced new ethical challenges in reproductive healthcare. The potential evolution of this technology in the future, to sustain gestation partially or fully outside of the human womb, has sparked a lot of discussion on its impact on the reproductive options and rights of pregnant people, especially abortion. Some authors excitedly foresee the end of the abortion debate. According to them, once ‘evacuating the womb’ without ‘killing the baby’ becomes possible, pregnant people should welcome fetal transfer to an AP device as the only acceptable pregnancy termination method. However, little to no consideration of important clinical, practical and legal implications related to the use of APs for abortion purposes —especially when considering a compulsory abortion substitution— is offered. In this context, this project sets out to investigate the potential impact of AP technology —originally developed to rescue extremely premature infants— on abortion access. The project seeks to address the existing gaps in understanding the implications of AP technology on abortion care, as well as the attitudes of potential child bearers towards its use as an alternative to abortion. By exploring the implications of using APs as a potentially compulsory alternative to abortion, the project aims to identify overlooked aspects and recentre pregnant people, their rights and needs in the discussion on abortion permissibility. Ultimately, it aims to provide recommendations for safeguarding abortion rights. 

Law and Economics Analysis of Compensation for Egg Donations (by Curie Wang)
The demand for fertility treatment has increased in recent decades, while the supply of donor eggs remains limited. This gap has raised a central legal debate: whether financial compensation can increase egg donation without creating undesired effects. This project asks how the law should regulate compensation for egg donation in assisted reproductive technology (ART). The project combines comparative legal analysis with empirical research. First, it compares regulatory approaches across jurisdictions, with particular attention to the United Kingdom and the United States, where compensation for egg donors has increased. An experimental survey then examines how individuals respond to different compensation levels and regulatory safeguards when considering egg donation. The research integrates legal analysis with empirical evidence, aims to inform current policy debates on egg donation regulation, and contributes evidence relevant to the ongoing reform of Swiss reproductive law.