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This book addresses emerging questions concerning who should bear
responsibility for shouldering risk, as well as the viability of
existing and experimental governance mechanisms in connection with
new technologies. Scholars from 14 jurisdictions unite their
efforts in this edited collection to provide a comparative analysis
of how various legal systems are tackling the challenges produced
by the legal aspects of genetic testing in insurance and
employment. They cover the diverse set of norms that surround this
issue, and share insights into relevant international, regional and
national incursions into the field. By doing so, the authors offer
a basis for comparative reflection, including on whether
transnational standard setting might be useful or necessary for the
legal aspects of genetic testing as they relate to the insurance
and employment contexts. The respective texts cover a broad range
of topics, including the prevalence of genetic testing in the
contexts of insurance and employment, and policy factors that might
affect this prevalence, such as the design of national health or
social insurance systems, of private insurance schemes or the
availability of low-cost direct-to-consumer genetic testing.
Further, the field of genetics is gaining in importance at the
international and regional levels. Relevant concepts - mainly
genetic tests and genetic data/information - have been
internationally defined, and these definitions have influenced
definitions adopted nationally. International law also recognizes a
"special status" for human genetic data. The authors therefore also
consider these definitions and the recognition of the special
status of human genetic data within regional and national legal
orders. They investigate the range of norms that specifically
address the use of genetic testing in employment and insurance,
encompassing international sources - including human rights norms -
that may be binding or non-binding, as well national statutory,
regulatory and soft-law mechanisms. Accordingly, some of the texts
examine general frameworks relevant to genetic testing in each
country, including those that stem from general anti-discrimination
rules and norms protecting rights to autonomy, self-determination,
confidentiality and privacy. In closing, the authors provide an
overview of the efficiency of their respective legal regimes'
approaches - specific and generalist - to genetic testing or
disclosure of genetic information in the employment or insurance
contexts, including the effect of lack of legal guidance. In this
regard, some of the authors highlight the need for transnational
action in the field and make recommendation for future legal
developments.
This book addresses emerging questions concerning who should bear
responsibility for shouldering risk, as well as the viability of
existing and experimental governance mechanisms in connection with
new technologies. Scholars from 14 jurisdictions unite their
efforts in this edited collection to provide a comparative analysis
of how various legal systems are tackling the challenges produced
by the legal aspects of genetic testing in insurance and
employment. They cover the diverse set of norms that surround this
issue, and share insights into relevant international, regional and
national incursions into the field. By doing so, the authors offer
a basis for comparative reflection, including on whether
transnational standard setting might be useful or necessary for the
legal aspects of genetic testing as they relate to the insurance
and employment contexts. The respective texts cover a broad range
of topics, including the prevalence of genetic testing in the
contexts of insurance and employment, and policy factors that might
affect this prevalence, such as the design of national health or
social insurance systems, of private insurance schemes or the
availability of low-cost direct-to-consumer genetic testing.
Further, the field of genetics is gaining in importance at the
international and regional levels. Relevant concepts - mainly
genetic tests and genetic data/information - have been
internationally defined, and these definitions have influenced
definitions adopted nationally. International law also recognizes a
"special status" for human genetic data. The authors therefore also
consider these definitions and the recognition of the special
status of human genetic data within regional and national legal
orders. They investigate the range of norms that specifically
address the use of genetic testing in employment and insurance,
encompassing international sources - including human rights norms -
that may be binding or non-binding, as well national statutory,
regulatory and soft-law mechanisms. Accordingly, some of the texts
examine general frameworks relevant to genetic testing in each
country, including those that stem from general anti-discrimination
rules and norms protecting rights to autonomy, self-determination,
confidentiality and privacy. In closing, the authors provide an
overview of the efficiency of their respective legal regimes'
approaches - specific and generalist - to genetic testing or
disclosure of genetic information in the employment or insurance
contexts, including the effect of lack of legal guidance. In this
regard, some of the authors highlight the need for transnational
action in the field and make recommendation for future legal
developments.
'Proving' the cause of the plaintiff's injury in personal injury
litigation often entails significant challenges, particularly when
science cannot identify the cause of a biological phenomenon or
when the nature of this cause is debatable. This problem is
frequently encountered in medical malpractice cases, where the
limitations of scientific knowledge are still extensive. Yet judges
must decide cases, however uncertain the evidence with regard to
proof of causation. Reluctant to leave patients without
compensation, courts have in some cases challenged their
traditional approach to causation through recourse to such
techniques as reliance on factual presumptions and inferences, the
concept of loss of chance, and reversal of the burden of proof.
This book analyses and criticises the use of these various
techniques by the courts of England, Australia, Canada, France, and
the civilian Canadian province of Quebec in confronting evidentiary
causal difficulties caused by the uncertainties of medical science.
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