The Improvement Of The Legal System Of Anti-gene Discrimination In Employment In Our Country

In the early days of the implementation of the Human Genome Project,a subprogramme on ethical,legal and social issues was generated.People of insight were concerned that ethical and legal challenges would be brought to mankind as the human body’s more genetic code was cracked.Gene discrimination,which is currently in the field of employment and insurance,is a strong testimony to the fact that people’s worries are not worrisome.Employment genetic discrimination is the employer based on the body of workers with a defective gene and its implementation of unreasonable injustice do not treat.It violates the rights and freedoms of equal employment of workers,fair participation in fair competition.The circulation of genetic information in the workplace violates the privacy of the laborers.The use of legal means to regulate employment discrimination is to protect citizenship equal rights and privacy,protection of human dignity and personality equality,the protection of genetic science and technology healthy and healthy development needs.At present,there is a series of genetic discrimination in our workplace,and there is a trend of spreading.There is a real need for legal regulation.China is currently facing the anti-employment genetic discrimination is the construction of legal system.Many countries in the international community have carried out relevant legislative practice.The United States,Switzerland,Austria,Norway,Australia and other developed a special law to protect the genetic privacy,prohibit the field of employment genetic discrimination.Although there is no specific law in the United Kingdom,however,in other legal documents to prohibit employers based on differences in genetic information to dismiss workers.The United States and Australia,anti-employment genetic discrimination law is relatively perfect.American 《 The Genetic Information Nondiscrimination Act 2008》provides for restricting employers’ access to genetic information for employees.Provides for confidentiality and disclosure of genetic information by employers,And it set up specialized research institutions.Australian 《 the Genetic Privacy and Non-discrimination Bill 1998 》detailed provisions of the genetic information privacy protection system.China’s anti-employment genetic discrimination legal system is necessary to learn from foreign experience,combined with China’s reality.Taking into account the regional differences in China,can be flexible to introduce local laws and regulations.Incorporating genetic privacy into privacy.The principle of legal regulation is that gene privacy is better than the employer’s right to know and the principle of combining prevention with punishment.In the content,there are the following.Restricting the employer to obtain genetic information.Perfect the burden of proof in judicial relief.The identification of discrimination on the basis of employment.Establishment of anti-employment genetic discrimination special law.Strengthen the role of government.