Gerard Quinn - Böcker

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.

This volume undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities. It brings together an emerging community of scholars in the disability field whose pioneering research examines the significance of the Convention and the barriers to its operationalisation and implementation. The entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) marks a paradigm shift in attitudes and approaches to persons with disabilities. The Convention requires that persons with disabilities are no longer to be seen as objects of charity; rather they are subjects and rights holders on par with everyone else. The Convention necessitates a move beyond formal guarantees of equality towards proactive measures that improve the daily lives of persons with disabilities. As such the UNCRPD is driving a worldwide law reform movement. This movement places a premium on having relevant comparative knowledge to drive that process throughout the world. This book will provide novel perspectives on the Convention under a number of different themes.The themes include legal capacity, mental health, independent living, education, and employment and the intersectionality of disability. The book also takes a regional look at the Convention and the role that the Convention will play in developing disability law and policy in those regions. These themes are of huge importance for policy makers, non-governmental organisations, disability persons' organisations and State Parties to the Convention.

The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.