"The international legal regulation of genetic – personal data: human rights and public law – medical liability"

Abstract

Over the last few years, the rapid development of genetics and gene analysis techniques is accompanied by a parallel appearance of a variety of legal issues and a strong concern about personal, genetic and health data such as privacy, protection of human rights and their management by biobanks. Equally important role is played by legislation and case law at national, European and international level in terms of medical responsibility and the formulation of specific ethical and moral rules.

The purpose of this study is to investigate the legal framework concerning the aforementioned in relation to the new technologies. In addition, the various forms of legal responsibility in medical practice are highlighted and the basic concepts of Public Law concerning health are delineated in the national and the international legal order. In order the present Master ‘s Degree Thesis to be completed, an extensive bibliographic review was carried out, also the varied legal framework and the abundant Case Law of Greek and International Civil, Criminal and Administrative Courts on personal, genetic and health data, respect for human value, the bioethical dimension and multi-faceted medical responsibility was studied and analyzed. In conclusion, the rapid and continuous evolution, both nationally and globally, of biomedicine, genetic engineering, and science and technology in general, have placed human existence and course on a new basis. Legal and ethical concerns, Rules of Justice and legal disputes over human biological material, secrecy, claims and well-being of human beings, medical responsibility and public health arise on a wide scale with effects at varying levels.

Consequently, it is essential and required the simultaneous assistance and cooperation of anthropocentric sciences, such as Medical and Legal Science, in order to address the emerging issues and the resulting consequences in the most appropriate way and primarily with a view to the protection of human rights, according to the Greek Constitution and other national and international legislation.

XOUSOU Dimitra