Granice dopuszczalności przeprowadzania testów genetycznych w celach medycznych u osób małoletnich. Rozważania na tle Europejskiej Konwencji Bioetycznej

Abstract

Limitations of carrying out genetic tests for health purposes on minors. Considerations on the basis of the Convention on Human Rights and Biomedicine

The present study concerns the problem which is related to the inherent conflict between the protection of human rights and the possibilities offered by modern medical technology. Moreover, such specific topic as genetic tests is analyzed in relation to the particular entity like minors.
The attempt at solving the above issue is Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine and Additional Protocol concerning Genetic Testing for Health Purposes. In accordance with the above-mentioned provision, minors require more intensive protection because of their incapacity to form legal situation by themselves. The most essential is general principle established significantly restriction in the possibility of genetic tests. All strictly formulated terms required cumulative fulfilment. This special regulation ensure in appropriate way respect for the rights and interests of minors
To sum up, carrying out genetic tests for health purposes on minors are permitted exceptionally. The above thesis finds support in rules of international law which set standards in this area.