LAWS GOVERNING POSTNATAL GENETIC TESTING FOR MEDICAL PURPOSES IN GERMANY, SWITZERLAND, SPAIN AND FRANCE

Abstract

  Genetic testing is slowly becoming an integral part of general health services, changing our understanding of “illness” and “being healthy”, and bringing new challenges for various actors: patients, doctors, insurers and policy-makers. The question is, how the law should respond to the genetic advances and their applications in clinical practice, in order to maximise their benefits and minimise risks. The aim of the article is to present, analyse and compare laws on genetic testing adopted in Germany, Switzerland, Spain and France. This “horizontal” comparative perspective will be complemented to some extent with a “vertical” one – in order to identify parallels and major differences between the analysed domestic regulations and international standards (especially with the IVth Additional Protocol to the European Convention on Human Rights and Biomedicine).