Abstract
Several European countries are considering the regulation of Direct-To-Consumer genetic tests via internet in order to protect the public. This paper addresses the question whether the Dutch Act on Population Screening, an internationally widely praised piece of legislation, could serve as an example for other European countries. While the Act adequately protects individuals against (potential) harmful screenings programmes, it falls short when it comes to offering protection against genetic tests offered to the public through the internet by commercial firms. The Act should therefore be amended, also to secure consistency with European legal standards.
Highlights
Scientific knowledge of genetics is expanding rapidly, which generates many possibilities for predicting and improving human health and life.[1]
The ECHR, the Biomedicine Convention and the Protocol offer an authoritative framework for the regulation of the use of DTC genetic tests across Europe
When regulating the use of DTC genetic tests, the obligations enshrined in the ECHR, the Biomedicine Convention and the Protocol have to be taken into account
Summary
Scientific knowledge of genetics is expanding rapidly, which generates many possibilities for predicting and improving human health and life.[1]. Commercial companies seek to appease the hunger for genetic information by offering Direct-To-Consumer (DTC) genetic tests, via internet. States have the obligation to protect individuals against (potential) health risks, including exposure to misleading information upon the basis of which individuals may make decisions they would otherwise have rejected This positive obligation is well entrenched in international human rights law.[4].
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