Human Right Principles: Relevant for Food Genetic Technology?

Abstract Acknowledging the rapid biotechnological developments taking place during the last decade and the serious challenges identified in the 2022 Kunming-Montreal Global Biodiversity Framework, the article examines which role human rights principles and substantive human rights can have as tools for inclusive governance. Human rights treaties and related non-binding sources have not adequately been applied as governance tools, despite the clear recommendations by the United Nations Development Group in 2003 to apply human rights principles and standards in all programming. For the last decades there have been numerous debates and encounters between those working in the realm of human rights and those working in the realm of intellectual property rights. This article analyzes mutual relationships and potential tensions between human rights treaties and treaties regulating genetic resources and genetic technologies. Bringing in relevant sources particularly from the EU and Norway, as well as legislation and court rulings from other States, the article demonstrates important considerations and mutual interactions between legal regulation of genetic resources & genetic technology and legal regulation of human rights. Hence, there is an underutilized role for human rights and human rights principles in relation to genetic technology.