"A Double Edged-Sword?" Need of a Human Rights Law Framework for Scientific Research in Sri Lanka
Abstract
scientific experiments and research are not novel concepts to developed nations. Major regional legal systems such as European Human Rights System have recognized such phenomenon and developed a strong human rights protection system. However, currently, although there is a trend in Sri Lanka towards scientific experiments the non availability of human rights based protection mechanism has posed a potential threat. Though there is an evolving Intellectual Property Law protection framework in the bio-medical research in Sri Lanka. Jurisprudentially, there is a gap between carrying out a scientific research and human rights protection; especially for research objects. Rights such as right to life, right to privacy and freedom of expression should be recognized in such a human rights law protection mechanism in scientific research in Sri Lanka.The main objective of the research is to focus on the human rights framework that is to be considered in scientific research in Sri Lanka. The secondary objective is to identify the main human rights concepts that are applicable in the above framework to introduce a bill on the above area. The research methodology is mainly the legal research method, which is based on the exploratory research design. A library based, secondary data review will be adopted by the researcher. However, the researcher will adopt qualitative research design, if the need arises in the confirmatory purposes. Therefore; the research methodology could be a mixed method.The research outcome is a research publication that will provide clear insights to legal institutions such as Sri Lanka Law Commission and the Department of Legal Draftsman to consider introducing a legal framework in scientific research in Sri Lanka. Therefore; in light of the research outcome, it could be introduced as a policy research.
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