Abstract

This paper aims to outline some of the most relevant provisions of the French legal framework for genetic research that are meant to protect individual rights. Among them, the right to confidentiality, the right not to know, the right to non-discrimination and informed consent. Individual autonomy is strongly protected through a detailed and explicit legislation and is strengthened by the intervention of criminal law. Nevertheless individual autonomy is not absolute. This paper gives some examples of limits to the individual freedom of choice: this right should in fact be balanced, in some cases, with other individual and collective rights, such as, first of all, the freedom of scientific research. The paper also focuses on the French model for regulating bioethical issues, notably on the choice of statutory instruments – and even of criminal law – as the most important source of biolaw.

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