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Shaping tom orrow ’s thinking Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

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Page 1: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Should we - can we - regulate techniques to

enhance children’s lives?

Jonathan MontgomeryProfessor of Health Care Law

Page 2: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Education: an analogy

• Parental right: choice of ‘school’ but not whether to educate

• Tolerance of inequality– Curriculum requirements

• Sex and religious education

– Inspectorates – quality guarantees• Child protection issues

– Parental neglect– Screening of adults

Page 3: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Reasons to Regulate

• Protection from harm– Dangerous techniques– Enhancements in the eye of the beholder?– Exploitation

• Of children? Of parents?

• Autonomy and identity– Playing God? Born and Born Again?

• Fairness• Promotion of excellence

Page 4: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Spheres of Regulation

• Techniques– Definition, Displacement, Dispensation

• Service Providers– Licensing (direct and indirect)– Commercial and non-profit enterprises

• Contexts– Fair access– Competition rules

Page 5: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Can we…?

• Opportunistic regulation– Need for licensing

• People, places, products

• Private spheres and public resource– A blurry line?

• Indirect incentives

Page 6: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Should we…?

• Just a more efficient way of doing what we already try?

Or • A Frankenstein experiment?

• Not so much whether to regulate but how

Page 7: Should we - can we - regulate techniques to enhance children’s lives? Jonathan Montgomery Professor of Health Care Law

Shaping tomorrow’s thinking

Should we - can we - regulate techniques to

enhance children’s lives?

Jonathan MontgomeryProfessor of Health Care Law