Zharovska I. Genetic information as the latest sign of discrimination

DOI: 10.33098/2078-6670.2021.11.23.65-70.

Goal. Analysis of the latest form of discrimination against a person – according to genetic information, to find out the features of the legal regulation of anti-discrimination in foreign law in relations with insurance companies and employers. Method. The methodology includes a synergetic approach, which indicates the novelty and uncertainty of the latest legal phenomena that have emerged with the development of genetics and biomedicine. The following methods of scientific cognition were used during the research: terminological, comparison, normative-legal, historical. Results. Ukraine needs to update its legal regulations in the field of anti-discrimination. The development of genetics and medicine has opened up the possibility of obtaining a wide range of genetic information. The law should regulate the scope of possible use of information and be based on the principle of voluntary consent to receive it and the individual right to disclose information. Genetic information can be used by employers to give a prerogative to certain categories of workers and insurance companies to obtain a higher level of financial benefit by infringing on people with genetic defects. To combat this type of discrimination, it is proposed to implement the positive experience of the United States in creating specialized legislation. Scientific novelty. In the course of the research it was established that the development of legal policy in the field of combating and preventing discrimination on the basis of genetic information should consist in a comprehensive legal regulation of the issue from the standpoint of medical, civil, family and labor relations. Practical significance. The results of the study can be used in lawmaking as a proposal to supplement anti-discrimination legislation and medical law.

Key words: discrimination, signs of discrimination, genetic information, employer, insurance company.

References

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