Abstract

The project of "moral bioenhancement" (MB) poses many challenges to legal philosophers and jurists. The main questions that will guide the discussion are: can moral obligation to bioenhancement become a legal rule within the current constitutionalist European culture? How can rights to health, to self-determination, to equality, and non-discrimination be implemented with regard to healthy individuals outside the legally binding physician-patient relationship? What are the implications of the proposal of MB for the principles of equality and non-discrimination? The inquiry into the legal sphere is useful to assess whether the project of MB as proposed by its advocates is consistent with the current legal interpretation of well-defined fundamental rights like the right to equality, to non-discrimination, to self-determination, and to health.