Legal Protection Of The Right Not To Know Gene Detection Results

As human beings step into ‘Post-genome era',the influence of genetic technology on human beings has been unprecedented.Genetic technology which is represented by gene detection has been applied to the diagnosis and prevention of various diseases,contributing a lot to the cure of some seriously sick patients.However,some people suffered a lot of pain from the results of gene detection,which has made it necessary to discuss people's right not to know the results of gene detection.Except for introduction part,there are five chapters in this paper.Firstly,the concept of the right not to know gene results,its revolution,the elements of the right not to know gene detection results,and the principles of exercising this right will be discussed in order to form the framework of people's right not to know gene detection results;secondly,this paper will analysis the values of the right not to know gene detection results from four perspectives which are individual autonomy,privacy protection,utilitarian considerations and medical justice,explaining the practical significance and theoretical foundations of the right not to know gene detection results;thirdly,due to the fact that the protection of juveniles' right not to know is special and difficult to conduct,this paper will discuss juveniles' right not to know gene detection results soley in chapter three in which the particularity of the protection of juveniles' right not to know will be analysed from the perspectives of the optimal benefits for juveniles and their right to have an open future,meanwhile,in this chapter the exercising conditions of juveniles' right not to know will be explained from two perspectives which are the demarcation of competence of informed consent and civil capacity of conduct,besides,it will propose that the protection of juveniles' right not to know gene detection results can be realised by restricting parents' right;fourthly,this paper will introduces the conflicts and issues in exercising the right not to know gene detection results by demonstrating conflicts of the right not to know gene detection results with other four rights which are the right to know blood relations,spouse's right to give birth,insurer's right to know and employer's right to know,pointing out that considerations of other right should be taken when protecting the subject's right not to know gene detection results and only under urgent and hazardous circumstances can the right not to know gene detection results can be violated;lastly,this paper will give recommendations on protecting the right not to know gene detection result from three aspects which are the protection mode of the right not to know gene detection results,the regulations of gene detection procedures and the improvement of doctors' codes of professional ethics,proposing that the right not to know gene detection results should be protected as a normal personality right by clearly informing doctors of their duties,perfecting the procedures of gene detection such as the storage and disposal and improving doctors' professional ethics including remaining neutral.