Genetic Discrimination and the Law

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (30 April 2018) | Viewed by 12145

Special Issue Editor


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Guest Editor
Dublin City University, Glasnevin, Dublin 9, Ireland
Interests: medical law and bioethics; genetic discrimination and the law; genetic privacy and data protection; science, new technologies and the law

Special Issue Information

Dear Colleagues,

Genetic science and technology are advancing at a fast pace, with scientists continuing to make genetic discoveries with respect to the make-up of the human body, and the cause and effect of disease, diversity and disability amongst individuals. Scientific and technological innovations are becoming more refined, resulting in an increase in the availability and use of genetic testing, and other cutting edge genetic technologies (including gene editing, which has recent come to the forefront of scientific advances). Genetic testing and these emerging technologies promise to potentially revolutionise health care and offer the potential of personalised or precision medicine. In addition to detecting predisposition to disease, genetic technology may also offer the means to detect and potentially eradicate future disabilities. Although offering significant opportunities for understanding and improving health, medicine and the human body, this new genetic era exposes unintended consequences and highlights a minefield of legal, ethical and regulatory challenges in both medical and non- medical contexts, and indeed in society in general. It also raises ethical questions about personhood, disability and philosophical questions about what it means to be human.

The increasing availability of genetic information, and the insights it offers into an individual’s future health, predisposition to disability, as well as possible predisposition to behavioural traits is valuable information, not only for therapeutic purposes, but also to a wide range of third parties (including employers), as well as providers of social goods and services (such as insurance companies). Advancing genetic science and technology therefore requires consideration of the commercial interests at stake in this field.

Considering the commercial interests arising, one of the main concerns arising in this area is the potential use of genetic testing to discriminate. Employers and insurance companies, as well as other third parties, may use the results of genetic tests to discriminate (primarily for economic advantage), based on perceptions of future health risks or future disabilities. The familial nature of genetic information also expands the proportion of individuals vulnerable to potential mistreatment and genetic discrimination. In addition to discrimination concerns, genetic privacy rights concerns similarly arise in commercial and other settings. With the ongoing developments in genetic science and technology, and the increasing application of these technologies in clinical and other contexts, questions arise as to whether an appropriate framework exists to protect the interests of individuals (and potentially family members), prevent the misuse of genetic information by interested third parties, and also to encourage further advances in genetic science.

This Special Issue examines a wide variety of questions arising in the emerging field of genetics law and policy, with a particular focus on the issue of genetic discrimination. The area comprises an intersection of a variety of disciplines, including genetic science, bioethics, human rights, medical law and disability law. It welcomes submissions on the broader impact of the field in commercial and other settings, the impact in the area of disability rights, as well as more targeted submissions on the particular concerns arising with genetic discrimination.

Dr. Aisling De Paor
Guest Editor

Manuscript Submission Information

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Keywords

  • Genetic science and new technologies
  • Genetic testing
  • Genetics law, policy and regulation
  • Genetic discrimination
  • Genetic privacy
  • Bioethics
  • Human rights
  • Disability rights
  • UN Convention on the Rights of Persons with Disabilities

Published Papers (2 papers)

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Research

16 pages, 254 KiB  
Article
Concerns about Genetic Discrimination after Regulation: A Qualitative Study of the Situation Regarding BRCA and Huntington’s Disease in Belgium
by Annet Wauters and Ine Van Hoyweghen
Laws 2018, 7(2), 17; https://doi.org/10.3390/laws7020017 - 26 Apr 2018
Cited by 5 | Viewed by 4594
Abstract
Although there is no unequivocal evidence of genetic discrimination (GD), and despite laws that prohibit it, individuals confronted with genetic diseases still seem to be concerned. The aim of this study was to gain in-depth understanding of experiences and concerns in relation to [...] Read more.
Although there is no unequivocal evidence of genetic discrimination (GD), and despite laws that prohibit it, individuals confronted with genetic diseases still seem to be concerned. The aim of this study was to gain in-depth understanding of experiences and concerns in relation to possible genetic discrimination. This article presents an analysis of semi-structured interviews with 42 individuals who had or were at risk of breast and ovarian cancer (BRCA) or Huntington’s disease (HD) in Belgium. Even after regulation, individuals at risk of BRCA and HD express concerns about possible genetic discrimination. These concerns relate to direct forms of GD, for instance those related to insurance and employment. Individuals were often unclear about and wary of legislation. Importantly, concerns were also expressed as to more subtle and indirect forms of GD, e.g., in social relations, where individuals fear being treated ‘differently’ and unfairly. Our study demonstrates how these concerns emerge at particular moments in life and how levels and forms of concern are influenced by the specific genetic disorder. Worries concerning these more subtle forms of genetic discrimination are more difficult to protect by law. Current legislative efforts do not appear to be effective in alleviating concerns about genetic discrimination. These regulations seem to be unclear, some participants are unsure about their effectiveness and they do not succeed in incorporating all forms of genetic discrimination. Particularly challenging is how to address indirect forms of genetic discrimination. Full article
(This article belongs to the Special Issue Genetic Discrimination and the Law)
8 pages, 412 KiB  
Article
Why Insurers Are Wrong about Adverse Selection
by R. Guy Thomas
Laws 2018, 7(2), 13; https://doi.org/10.3390/laws7020013 - 15 Apr 2018
Cited by 2 | Viewed by 6993
Abstract
Insurers typically argue that regulatory limits on their ability to use genetic tests will induce ‘adverse selection’; they say that this has disadvantages not just for insurers, but also for society as a whole. I argue that, even on its own terms, this [...] Read more.
Insurers typically argue that regulatory limits on their ability to use genetic tests will induce ‘adverse selection’; they say that this has disadvantages not just for insurers, but also for society as a whole. I argue that, even on its own terms, this argument is often flawed. From the viewpoint of society as a whole, not all adverse selection is adverse. Limits on genetic discrimination that induce the right amount of adverse selection (but not too much adverse selection) can increase ‘loss coverage’, and so make insurance work better for society as a whole. Full article
(This article belongs to the Special Issue Genetic Discrimination and the Law)
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