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Theses

La prédisposition génétique (analyse juridique)

Abstract : Genetic predisposition is an endogenous risk, of genetic origin, of contracting a disease or of transmitting it to one's children. The realization of the risk is uncertain: it' is subject to exogenous catalyst factors. Since 1994, conditions have been set by the legislator for the detection of genetic predisposition. First of all, the condition of the consent of the person concerned aims to protect him against the intrusions of third parties into his genetic integrity. Then, the condition of medical or research purpose of the genetic test tends to protect the person against himself so that he cannot authorize genetic tests which would not satisfy a legitimate interest. Has the law thus made it possible to channel the social effects of the detection of a genetic predisposition? In the field of employment and insurance, the selection of people by their genetic predisposition is, in principle, prohibited. It may, exceptionally, be authorized under labor law, with the aim of preventing a genetic disease the onset of which would result from the person's exposure to environmental factors of the work. It will, in practice, be carried out by insurers who, when the genetic predisposition constitutes an aggravated risk jeopardizing the balance of the insurance transaction, will bypass the legal prohibition on questioning a person on the results of an insurance transaction. genetic study. The responsibility of third parties in realizing the risk of genetic predisposition requires a distinction according to the nature of the predisposition. The genetic predisposition to the disease does not allow the person who caused the disease to invoke the predisposition to limit his liability. The genetic predisposition to the transmission of the disease to the offspring imposes on the third party, whose fault did not make it possible to prevent the birth of a child suffering from the disease, to repair the damage of the parents and, sometimes, that of the child.
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https://hal-univ-paris8.archives-ouvertes.fr/tel-03220033
Contributor : Astrid Marais <>
Submitted on : Monday, May 10, 2021 - 6:17:30 PM
Last modification on : Wednesday, May 12, 2021 - 3:34:07 AM
Long-term archiving on: : Wednesday, August 11, 2021 - 6:07:33 PM

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  • HAL Id : tel-03220033, version 1

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Astrid Marais. La prédisposition génétique (analyse juridique). Sciences de l'Homme et Société. Université Panthéon-Assas (Paris II), 2000. Français. ⟨tel-03220033⟩

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