Original scientific paper
GENETICALLY DESIGNED VICTORY? – GENETICS, SPORT AND LEGAL DETERMINATION
Tomislav Nedić
orcid.org/0000-0003-4344-8465
; Centre for Integrative Bioethics, J. J. Strossmayer University of Osijek; Academy of Arts and Culture, J. J. Strossmayera University of Osijek
Marija Heffer
orcid.org/0000-0001-6770-7359
; Faculty of Medicine, J.J. Strossmayer University of Osijek
Abstract
Certain gene variants in the human genome (polymorphism of common
genes or alleles) give a comparative advantage in performing physical activities.
Some of them are directly related to the structure of skeletal muscles and the
ratio of white and red fibres in them. It has long been known that marathoners
have a different body constitution than sprinters and that the endurance of the
former is based on lower body mass and a high percentage of red muscle fibres,
and the explosive power of the latter on larger muscles and the percentage
of white muscle fibres. The genetic makeup of muscle is not the sole source
of athletes’ advantage - genes that control the stress response affect physical
strength but also the mental ability to cope with the pressure. Moreover, in
sports competitions, genetic variations that lead to disease and, ultimately,
injury or even death may give some specific physical advantage. In the case of
Marfan’s syndrome, persons with this gene variant have long limbs and elastic
joints, which is preferred especially in ball sports, which makes them recognized
by coaches. Unfortunately, playing sports increases their risk of dilatation and
dissection of the aorta, as a result of its wall extensibility.
The human body has its physical limits that can be pushed by strenuous
training. This stretching of the ‘physical boundaries’ must be paired with a suitable
regeneration time for the effect to be greater than the possible damage. Also,
time for regeneration is often denied to the most successful competitors who
enter from one round of the competition to the next - as is the case at the World
Cup. In not a small number of cases, success is traded with speedy metabolic
aging and deterioration of health due to injuries. Given the fact that the value of
top athletes is measured by money and reputation, there is an understandable
interest in new methods to make their careful selection and personalize their
training and diet. Our current understanding of molecular genetics is at such a
stage that its application is possible and a tempting option for top sports. The
advent of CRISPER technology goes a step further and allows the design of as yet
unseen human abilities. Although the genetic application is in its infancy, sport
organizations have to take a stand on which tests and which interventions are
bioethically justified in sport competition and which are absolutely unacceptable.
The big question is – what is a legal regulation of the same issue? Is the law
following (bio)ethically determined state? Generally speaking, it is important
to investigate what are exact legal acts that are connected with genetics in the
first place and then with the combination of genetics and sport. Also, the goal
is to examine whether the relevant legal acts are forbidding any kind of altering
of human genome, in general and in sport. Can it be said that the law is one of
the major stopping-mediums and “dams” of the complete genetic research that
tends to be transhuman?
Keywords
sport competitions; genomic analyses; athletic genes; sport science; law; legal protection
Hrčak ID:
249688
URI
Publication date:
6.12.2020.
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