By Lorenzo Ravagli
the Bundestag on 24 April, Genetic Engineering Law agreed that has been discussed for three consecutive terms. The law regulates the use of diagnostic procedures that have developed rapidly in recent years. During the year 2002 210.000 such tests were conducted, there were already 300,000 in 2004 and today there will be more than 400,000.
The law protects the rights of individuals to genetic self-determination and building of a possible abuse of genetic technology through business or politics. There shall be no compulsion for genetic diagnosis, either for economic, not political reasons. Thus, the Bundestag takes a clear position against tendencies that have been recently articulated in the EU Health Committee (see the article "return of eugenics" ).
Genetic investigations must be carried out according to law if the individual has consented to take effect, and only by doctors who have advised the person examined previously genetically. Even after sampling, the patient may still decide against the knowledge of the results, samples and data must be destroyed. Prenatal genetic testing is permitted only for medical reasons, to identify characteristics that may affect the health of the fetus before or after birth. Prenatal testing for diseases that may erupt in adulthood, are prohibited. Paternity tests are allowed only if the person agrees to. Secret paternity tests are punishable by a fine of 5000 €.
employers have no right to require genetic testing. You may ask for results of such investigations, nor accept or use. No one shall be compelled to participate in a genetic test and disadvantages should not consist of a refusal to grow up. Insurance is allowed in the contract does not require genetic tests or obtain information about such investigations. An exception is where the policy € 300,000 or annual pension payments of 30,000 euros or more. Genetic paternity tests are admissible, however for immigrants in order to clarify relationships.
However, the Act, one problem: Although prenatal tests forbidden to diseases that may occur in adulthood (which is 'at' dispositions in any case can be established almost beyond doubt), it is not prohibited but the finding of genetic traits that increase the health of the affect unborn children before or after birth can. This all depends on how the health of the Un-or newborn is defined. Are people with Down syndrome "healthy? The law does not determine what is healthy or not healthy. It leaves that decision parents. The constraints arising from the possibility of prenatal genetic tests may, after the adoption of the law not legal, but they may well be political or social. The ethical dilemmas that are created by the technology first, can hardly be regulated by law. A law could also prevent such dilemmas arise in the first place.
Seeing the genetic identity of a person as an expression of his individuality, which already exists prenatal, diagnostic methods have made possible by decisions against the physical realization of this individuality, under what specific circumstances whatsoever, be considered an attack on the self-explication of individuality. Although, the law preventing "unhealthy" self-explication lacking, but it also prohibits them not. This is his Mephistophelian snag.
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