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16 Med. & L. 557 (1997)
Genetics, Human Rights and Employment - American and European Perspectives

handle is hein.journals/mlv16 and id is 565 raw text is: Med Law (1997) 16:557-565 Medicine and Law Genetics evouson9 GENETICS, HUMAN RIGHTS AND EMPLOYMENT. AMERICAN AND EUROPEAN PERSPECTIVES Aart Hendriks Abstract: The United States of America and the European Countries have responded quite differently to the to the human rights of candidate workers as imposed by genetic and predictive health testing. Whereas the United States traditionally relies largely on the non-discrimination principle, the European countries seem to attach more value to the right to privacy and the principle of social justice. A recently published communication of the Commission of the European Communities seems to bridge these two legal traditions. INTRODUCTION It is widely known that the unrestricted use of genetic information poses a number of threats to the exercise and enjoyment of human rights. While potentially valuable for early intervention or medical treatment, genetic information is, as it seems, increasingly used outside the health care context and in ways contrary to the interests ands rights of the individual (and his or her relatives). Many commentators appear to be particularly concerned about the (possible) use of genetic information in the labour market. There is growing evidence that many employers primarily perceive this type of information as a tool to reduce economic risks, notably by weeding out job applicants and employees with an unfavourable health prognosis. Employers seem to be much less interested in using genetic information as an aid in promoting occupational health and safety. This article is an elaboration of a paper presented at the 2nd International Conference on Health and Human Rights, Cambridge, MA, USA, 3-5 October 1996. Research associate, attached to the Section of Health Law of the University of Amsterdam and the Netherlands Institute of Human Rights (SIM), University of Utrecht. 557

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