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As genetic technologies advance, genetic testing may well offer the
prospect of detecting the onset of future disabilities. Some
research also forwards that certain behavioural profiles may have a
strong genetic basis, such as the determination to succeed, or the
propensity for risk-taking. As this technology becomes more
prevalent, there is a danger that genetic information may be
misused by third parties and that particular genetic profiles may
be discriminated against by employers, by providers of social goods
and services, such as insurance companies and even by educational
facilities. This book explores the different forms and potential
uses of genetic testing. Drawing together leading experts in
disability law, bioethics, health law and a range of related
fields, it highlights the ethical and legal challenges arising as a
result of emerging and rapidly advancing genetic science. On
examining transatlantic perspectives on the matter, chapters in the
book ask whether the US Genetic Information Nondiscrimination Act
(GINA) is proving to be an effective tool in addressing the issue
of genetic discrimination and alleviating fears of discrimination.
The book also reviews what insights may be gained from GINA within
employment and health insurance contexts, and asks how the UN
Convention on the Rights of Persons with Disabilities (CRPD) may
impact similar debates within the European Union. The book focuses
particularly on the legislative and policy framework in the
European Union, with an emphasis on the gaps in protection and the
scope for specific legislative action in this area. This book will
be of great interest to scholars and students of discrimination
law, bioethics and disability law, and will be of considerable use
to legal practitioners, medical practitioners and policy-makers in
this area.
As genetic technologies advance, genetic testing may well offer the
prospect of detecting the onset of future disabilities. Some
research also forwards that certain behavioural profiles may have a
strong genetic basis, such as the determination to succeed, or the
propensity for risk-taking. As this technology becomes more
prevalent, there is a danger that genetic information may be
misused by third parties and that particular genetic profiles may
be discriminated against by employers, by providers of social goods
and services, such as insurance companies and even by educational
facilities. This book explores the different forms and potential
uses of genetic testing. Drawing together leading experts in
disability law, bioethics, health law and a range of related
fields, it highlights the ethical and legal challenges arising as a
result of emerging and rapidly advancing genetic science. On
examining transatlantic perspectives on the matter, chapters in the
book ask whether the US Genetic Information Nondiscrimination Act
(GINA) is proving to be an effective tool in addressing the issue
of genetic discrimination and alleviating fears of discrimination.
The book also reviews what insights may be gained from GINA within
employment and health insurance contexts, and asks how the UN
Convention on the Rights of Persons with Disabilities (CRPD) may
impact similar debates within the European Union. The book focuses
particularly on the legislative and policy framework in the
European Union, with an emphasis on the gaps in protection and the
scope for specific legislative action in this area. This book will
be of great interest to scholars and students of discrimination
law, bioethics and disability law, and will be of considerable use
to legal practitioners, medical practitioners and policy-makers in
this area.
Disability Law and Policy: An Analysis of the UN Convention
undertakes a multidisciplinary examination of the United Nations
Convention on the Rights of Persons with Disabilities. The
rights-based perspective on disability is a relatively new lens
through which disability law and policy is considered. This is
despite the fact that persons with disabilities are often described
as the world's largest minority. There are approximately 1 billion
persons with disabilities in the world (15% of the world's
population). This book is an edited volume of essays that
undertakes a multidisciplinary examination of the United Nations
Convention on the Rights of Persons with Disabilities. Part 1
focuses on disability and intersectionality. Part 2 addresses the
on-going debate about the meaning of Article 12, the right to equal
recognition before the law. The chapters contained in Part 3
address the emerging discourse on the right to liberty as contained
in Article 14 of the CRPD and the barriers facing persons with
mental health problems. Part 4 of this collection examines the
right to live independently and to be included in the community.
The themes of the right to inclusive education and employment for
persons with disabilities are explored in Parts 5 and 6 of the
collection. Finally, Part 7 examines how the CRPD is being
implemented regionally and in a number of jurisdictions. [Subject:
Human Rights Law, Disability Law]
The European Yearbook of Disability Law is part of the ongoing
research programme of the Maastricht Centre for Human Rights of
Maastricht University and the Centre for Disability Law and Policy
of the National University of Ireland Galway. The European Yearbook
of Disability Law reviews the significant developments at European
level regarding disability law and policy. The Yearbook contains a
series of articles on current challenges and developments from
senior analysts and academics working in the field. It aims to
provide critical insight in the evolution of European disability
law and policy and offers analyses of pressing challenges in a
broad range of fields. The core of the Yearbook consists of a
review of the preceding year's significant events, as well as
policy and legal developments within the institutions of the
European Union. It reviews major EU policy developments, studies
and other publications, legislative proposals, and case law from
the Court of Justice of the European Union and the European Court
of Human Rights.
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