Abstract

The rapid development within the research of the human genome offers a great potential with regard to the diagnosis of genetic diseases but it also bears dangers of misuse. The starting point for avoiding these dangers is the autonomy of the individual, i.e. that the information about his genetic constitution should only be ascertained with his explicit consent. It is the duty of law to protect the individual and his relatives — who might also be concerned — without undermining the right to self-determination. Furthermore, it is discussed whether genetic tests should be limited to “health purposes” only. The problem of this limitation, however, is to define the term “health purposes” particularly when the criterion of “quality of life” is also taken into consideration. In order to assure a responsible handling of the genetic data, genetic analysis and especially the counselling of the subject should be reserved to the medical profession, since only a real understanding of the individual’s genetic constitution with all risks and chances will enable him to make an informed and self-determined decision.

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