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The IUP Journal of Law Review :
Protection Against Genetic Discrimination: A Comparative Overview of Policy Positions
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Genetic tests are the newest addition to a growing variety of medical tests. All medical tests are designed to provide important information about the state of health. For genetic tests, as for other medical tests, there can be tension because of anticipation of the test, and the results can be troubling for people who receive bad news. Yet many people consider genetic tests—and the information they provide—to be different from other types of medical tests. This means that a genetic test, which provides information about the genetic status of one person, can also alert others in the family to the fact that they also may have the same mutation. More than other types of testing, a genetic test of a single individual can be viewed as a test of a whole family. The discriminatory use of genetic information might occur in certain contexts such as that of employment and insurance, which may create hardship for people in different manner. This paper critically examines how the people are unfairly treated because of their actual or perceived genetic variations.

 
 
 

The development of genetic technology has allowed testing for hundreds of conditions at a time. With standardization, the technology has provided information on the present and future health of a person and thus, necessarily, that of fellow family members. The latter characteristic of genetic information is worth mentioning. Genetic information has not only historical, eugenic connotations, and can be socially stigmatizing, it also involves one’s parents, siblings, and children. When transported outside the highly confidential confines of the physician-patient relationship, it acquires roles and meanings that can affect the socioeconomic survival and the relationships of the individual with his or her family.

Genetic discrimination occurs when people are treated unfairly because of actual or perceived differences in their genetic information that may cause or increase the risk to develop a disorder or disease. For example, employer or insurance company may treat people differently because they have a gene mutation that causes or increases the risk of an inherited disorder. Fear of discrimination is a common concern among people considering genetic testing. Employers could use genetic information to decide whether to hire, promote or fire workers. The fear of discrimination can discourage individuals from making decisions and choices, which may be in their best interest. For example, a person may decide not to have a genetic test for fear of consequences to his career or the loss of insurance for his family, despite knowing that early detection and therapy could improve his health and longevity.

 
 
 

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