Open AccessLEGAL REMEDIES FOR PREVENTING DISCRIMINATION ON GENETIC CHARACTERISTICS IN THE INSURANCE SPHERE
Author(s) -
Елена Крюкова
Publication year - 2020
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2020.2.4
Subject(s) - legislation , interpretation (philosophy) , confidentiality , payment , business , actuarial science , insurance policy , genetic discrimination , solidarity , insurance law , law and economics , political science , genetic testing , economics , general insurance , law , medicine , computer science , finance , politics , programming language
The article analyzes the norms of Russian and foreign legislation regarding the prohibition of discrimination on genetic characteristics in the insurance sector. The article reviews the problem of increasing the risks of insurance companies to have large payments in the future and the unaccounted load on the remaining insured persons due to the lack of complete and reliable genetic information about the insurance body.Aim: a comprehensive analysis of Russian legislation in terms of the possibility of insurers using genetic information about the insured.Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods are used: legal-dogmatic and the method of interpretation of legal norms.Results: the conclusions about the need to detail international principles in the mentioned sector and the regulation of the procedure for providing genetic information to third parties are substantiated. The author proposes a differentiated approach regarding the possibility of access to data on the human genome within the framework of various types of insurance. The article emphasizes that health insurance should be based on the concept of solidarity regardless of the genetic characteristics of insured persons, and as a result, the regulatory framework that ensures the regime of confidentiality of genetic information needs to be strengthened and specified.