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31 Med. & L. 283 (2012)
The Law of Genomic Sovereignty and the Protection of Mexican Genetic Patrimony

handle is hein.journals/mlv31 and id is 297 raw text is: Med Law (2012) 31:283-294 Medicine and Law OPROBOOK 2012 THE LAW OF GENOMIC SOVEREIGNTY AND THE PROTECTION OF MEXICAN GENETIC PATRIMONY Ernesto Schwartz-Marin* and Alberto Arellano M6ndez' Abstract: We present a socio-legal analysis of the policy agenda known as genomic sovereignty in Mexico -in which the notion was first coined- and its translation into a national law of health aimed at regulating population genomics research in the country. Based in more than 2 years of participant observation we sustain that the notion of genomic sovereignty, aimed at protecting the unique genetic patterns of populations needs to be critically reassessed. The main problem with such notion is that there are no scientifically sound ways to delimit the genetic uniqueness of any population in the world. Arising from this dilemma it becomes increasingly clear that the patrimonial doctrines that have been used to regulate population genomics in Mexico are inoperative, and rather than creating a legal environment in which medical genomics can become a national public good, it has created a law that has been used to monopolise human genomic research in the country; making blood samples and data tool for dispute amongst scientific elites. Keywords: Genomic Sovereignty; Mexico; Global South; Patrimonial Doctrines; Genetic Uniqueness; Genomic Medicine; Ethnography & Populations. INTRODUCTION Lately, ideas of genetic uniqueness have firmly entered in the legal mechanisms to protect vulnerable human communities or the endangered human genetic patrimony of developing countries or the global south. These policy and scientific agendas have been organised under the umbrella of genomic sovereignty, which was a notion produced in Mexican policy circuits in order to protect the unique genetic heritage of Mexico-according to its University of Manchester, Research Associate, School of Social Anthropology-School of Social Science, UK. emesto.schwartzmarin@amanchester.ac.uk Legal specialist in Genomics and Law, Legal advisor to the Instituto Federal para el Acceso a la Informaci6n, M6xico (IFAI).armeal lex23(ahotmail.com 283

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