我国反基因歧视的法律研究
发布时间：2019-06-03 22:56
【摘要】：基因歧视是随着基因科技迅速发展而产生的新型歧视,是指基于某个体的基因倾向性对其本人或与其有遗传关系的群体进行的歧视。近年来,基因科技取得了巨大进展,科学家发现众多疾病与基因密切相关,比如纤维性囊肿化、镰刀型红血球贫血,都是由基因决定的遗传病,甚至,连常见的心脏病、高血压以及一些癌症都与基因有关。基因检测技术的发展,特别是基因芯片技术的临床应用,使人们越来越方便地掌握他人的基因信息。然而,携带缺陷基因的人如果其基因被他人所知有可能在就业、保险、贷款、教育、恋爱等方面遭遇歧视。广东的基因歧视第一案,引起了学界和司法实践界对就业中基因歧视的重视。劳动者在就业过程中受到歧视,不仅劳动者自身的利益受损,整个社会的运行成本也随之增加。除此之外,保险领域的基因歧视也开始凸现,很多人因为携带缺陷基因而得不到应有的保障。无论是就业领域还是保险领域,基因歧视都是对权利人基本人权的侵犯,法律必须为基因权利人提供维权的依据,确保每个人都能平等地享有相应的权利。 目前,美国、英国、挪威等国家和一些国际组织都出台了有关反基因歧视的法律,内容大体涉及保险和就业两个领域,主要从基因检测、基因隐私、基因知情权等方面进行规制。我国作为惟一参与人类基因组计划的发展中国家,应当积极借鉴他国的立法经验,立足本国的具体情况,对我国的反基因歧视做出法律规定,以维护我国公民的基因权利。
[Abstract]:Genetic discrimination is a new type of discrimination with the rapid development of genetic science and technology. it refers to the discrimination against an individual or a population with genetic relationship based on his or her genetic propensity. In recent years, great progress has been made in genetic technology. Scientists have found that many diseases are closely related to genes, such as fibrous cyst, sickle red blood cell anemia, genetic diseases determined by genes, and even common heart disease. High blood pressure and some cancers are genetically related. The development of gene detection technology, especially the clinical application of gene chip technology, makes it more and more convenient for people to master the gene information of others. However, people with defective genes may experience discrimination in employment, insurance, loans, education, love, etc., if their genes are known to others. The first case of genetic discrimination in Guangdong has attracted the attention of academic and judicial practice to genetic discrimination in employment. Workers are discriminated against in the process of employment, which not only damages the interests of workers themselves, but also increases the operating costs of the whole society. In addition, genetic discrimination in the field of insurance is also beginning to highlight, many people because of carrying defective genes and do not get the protection they deserve. Whether in the field of employment or in the field of insurance, genetic discrimination is a violation of the basic human rights of the rights holders. The law must provide the basis for safeguarding the rights of the genetic rights holders to ensure that everyone can enjoy the corresponding rights on an equal basis. At present, the United States, the United Kingdom, Norway and other countries and some international organizations have promulgated laws on anti-genetic discrimination, which generally involve insurance and employment, mainly from genetic testing and genetic privacy. The right to know of genes and other aspects of regulation. As the only developing country participating in the Human Genome Project, China should actively draw lessons from the legislative experience of other countries, based on the specific situation of our country, make legal provisions on anti-genetic discrimination in our country, in order to safeguard the genetic rights of our citizens.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2492284
[Abstract]:Genetic discrimination is a new type of discrimination with the rapid development of genetic science and technology. it refers to the discrimination against an individual or a population with genetic relationship based on his or her genetic propensity. In recent years, great progress has been made in genetic technology. Scientists have found that many diseases are closely related to genes, such as fibrous cyst, sickle red blood cell anemia, genetic diseases determined by genes, and even common heart disease. High blood pressure and some cancers are genetically related. The development of gene detection technology, especially the clinical application of gene chip technology, makes it more and more convenient for people to master the gene information of others. However, people with defective genes may experience discrimination in employment, insurance, loans, education, love, etc., if their genes are known to others. The first case of genetic discrimination in Guangdong has attracted the attention of academic and judicial practice to genetic discrimination in employment. Workers are discriminated against in the process of employment, which not only damages the interests of workers themselves, but also increases the operating costs of the whole society. In addition, genetic discrimination in the field of insurance is also beginning to highlight, many people because of carrying defective genes and do not get the protection they deserve. Whether in the field of employment or in the field of insurance, genetic discrimination is a violation of the basic human rights of the rights holders. The law must provide the basis for safeguarding the rights of the genetic rights holders to ensure that everyone can enjoy the corresponding rights on an equal basis. At present, the United States, the United Kingdom, Norway and other countries and some international organizations have promulgated laws on anti-genetic discrimination, which generally involve insurance and employment, mainly from genetic testing and genetic privacy. The right to know of genes and other aspects of regulation. As the only developing country participating in the Human Genome Project, China should actively draw lessons from the legislative experience of other countries, based on the specific situation of our country, make legal provisions on anti-genetic discrimination in our country, in order to safeguard the genetic rights of our citizens.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
【参考文献】
相关期刊论文 前9条
1 何岚,黄德林;论医疗行为中知情权与隐私权的实现[J];华中科技大学学报(社会科学版);2003年05期
2 杨录海;;就业中基因歧视的合理规制[J];内蒙古农业大学学报(社会科学版);2009年06期
3 王少杰;;论基因权[J];青岛科技大学学报(社会科学版);2008年01期
4 黄光辉;保险中“基因歧视”的法学思考[J];广东经济管理学院学报;2004年03期
5 胡玉浪;;论就业基因歧视及其防范对策[J];山东科技大学学报(社会科学版);2009年05期
6 李文,王坤;基因隐私及基因隐私权的民事法律保护[J];武汉理工大学学报(社会科学版);2002年02期
7 王章金;后基因组时代生命科学发展的社会伦理思考[J];中国医学伦理学;2001年04期
8 汤啸天;基因研究中知情同意权的实现[J];政法论坛;2003年01期
9 张小罗;张鹏;;论基因权利——公民的基本权利[J];政治与法律;2010年05期
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