Предиктивна медицина: право на конфіденційність і захист від дискримінації

Abstract

This article is devoted to questions of protecting the right to confidentiality in the implementation of predicative medicine. The article deals with the consolidation of this right at the national and international level. The issue of genetic discrimination and the regulation of the prohibition of such discrimination at the national, international and CIS level was explored. The approaches to solving the problem of the use of genetic information in the field of insurance in such countries as Belgium, the Netherlands, Portugal, the United Kingdom, the USA, Canada are analyzed. Genetic data makes it possible to predict the future health status of a healthy person at the time of the survey with a high probability and can therefore be used as grounds for discrimination in the use of third parties. The question of the protection of personality, physical and intellectual integrity of a person in the conditions of the progress of biology, medicine and biochemistry has repeatedly become the subject of consideration in the reports of the Secretary-General of the United Nationsand the World Health Organization. The purpose of the article is to analyze the right regulation of predictive medicine through research in this context the right to privacy and protection against discrimination. As predicative medicine is a rather new branch of medicine, there is currently no single regulatory framework for regulation of relations in this area. Commissions and advisory bodies of international organizationsare trying to codify the ethical evaluation of genetic tests in their recommendations. At present, the government is responsible for combating genetic discrimination and the threat of genetic confidentiality.