LAWS GOVERNING POSTNATAL GENETIC TESTING FOR MEDICAL PURPOSES IN GERMANY, SWITZERLAND, SPAIN AND FRANCE
LAWS GOVERNING POSTNATAL GENETIC TESTING FOR MEDICAL PURPOSES IN GERMANY, SWITZERLAND, SPAIN AND FRANCE
Author(s): Julia Kapelańska-PręgowskaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Keywords: genetic data; national legislation; role of international standards; consent; types of genetic tests; duty to warn; DTC testing
Summary/Abstract: Genetic testing is slowly becoming an integral part of general health services, changing our understanding of “illness” and “being healthy”, and bringing new challenges for various actors: patients, doctors, insurers and policy-makers. The question is, how the law should respond to the genetic advances and their applications in clinical practice, in order to maximise their benefits and minimise risks. The aim of the article is to present, analyse and compare laws on genetic testing adopted in Germany, Switzerland, Spain and France. This “horizontal” comparative perspective will be complemented to some extent with a “vertical” one – in order to identify parallels and major differences between the analysed domestic regulations and international standards (especially with the IVth Additional Protocol to the European Convention on Human Rights and Biomedicine).
Journal: Comparative Law Review
- Issue Year: 16/2013
- Issue No: 2
- Page Range: 131-158
- Page Count: 28
- Language: English
