Legal Research Of Anti-genetic Discrimination In China

With the rapid development of gene technology, there has been a newdiscrimination---genetic discrimination against an individual or the group connectedto him genetically based on his own genetic tendency. In recent years, it has been agreat progress in gene technology that scientists have discovered that a number ofdiseases are closely related to genes. For example, fibrocystic disease and sickle-cellanemia are determined by the gene. What's more, the common heart disease,hypertension and some cancers are associated with genes. The development of genetest technology, and especially the clinical application of gene chip technology, hasmade it more and more convenient for people to know other's genetic information.However, if people with a genetic defect are known,they will be discriminated inemployment, insurance, loans, education, love and so on. The first case of geneticdiscrimination in Guangdong has drawn the attention of academic and judicial circleto the genetic discrimination in employment. It not only harms the rights of workersand increases the social operation cost that the workers are discriminated inemployment. In addition, the genetic discrimination in insurance field has begun tohighlight, many people with defective genes can not get the protection they deserved.The genetic discrimination is a tort for the basic human rights in both employmentand insurance. The law must be the legal basis for gene obligees and ensure equalityfor everyone's survival.At present, many countries, such as the United States, Britain, Norway and theEuropean Union and some other international organizations, have issued some lawson anti-genetic discrimination in almost the two general areas of insurance andemployment, whose contents are primarily from genetic test, genetic privacy and thegenetic right to know. As the only developing country in the Human Genome Project,China should actively learn experience in legislation of other countries, and based onthe national condition, make Chinese anti-genetic discrimination law to protect thegenetic rights of our citizens.