Abstract

The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system

Highlights

  • Over the past decades, human society has become much more aware of the influence of genetic factors on the occurrence of diseases

  • The proliferation of genetic testing makes it necessary to develop appropriate legal regulation of relations arising from countering discriminatory practices that may arise in connection with the use of this information in the field of employment, insurance and other areas of public life

  • The experience of the states considered in the article can be useful to the Russian legislator in order to develop a comprehensive legal regulation of the use of genetic information, including in the aspect of preventing discrimination based on genetic status

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Summary

Introduction

Human society has become much more aware of the influence of genetic factors on the occurrence of diseases. At the level of individual states, the possibility of carrying out genetic testing and the availability of genetic information raises an understandable public concern, especially given the fact that many subjects of public relations not related to the medical profession (insurance companies, employers) are demonstrating a growing interest in individual genetic information. At both the national and global (international) levels, discussions continue on the balance that needs to be struck between protecting individuals from the misuse of genetic information and the interests of public institutions. States of America, Australia and Canada and at the international level, the article is intended to answer questions related to the problems of legal regulation of the use of genetic information in various spheres of social life

The Definition of Genetic Discrimination
Genetic Discrimination and International Law
Genetic Discrimination Issues in Foreign Legislation
Judicial Practice in the Field of Combating Genetic Discrimination
Findings
Conclusions
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