ABSTRACT

Genetic discrimination receives so much attention for it appears to be, paradoxically, the most rational and, at the same time, the most invidious form of discrimination. Genetic discrimination is rational behaviour for it is based on knowledge which is widely believed to disclose what people are really like. Genetic discrimination is commonly defined as “discrimination against an individual or against members of that individual’s family because of real or perceived differences from the ‘normal’ genotype”. Genetic discrimination may also take place on the ground of information obtained from a person’s medical record or the medical history of his or her family. Most commentators take it for granted that distinctions made among persons on the basis of genetic information are inherently suspect from the perspective of the equality principle. The laws do not amount to a coherent and systematic response to the challenges posed by genetic discrimination; rather, they are more like erratic inroads made into an unfolding practice.