THE SCOPE OF THE PRINCIPLE OF AUTONOMY IN GENETIC TESTING Cover Image

DOMAŠAJ NAČELA AUTONOMIJE VOLJE KOD GENETIČKOG TESTIRANJA
THE SCOPE OF THE PRINCIPLE OF AUTONOMY IN GENETIC TESTING

Author(s): Sanja Stojković-Zlatanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Advokatska komora Vojvodine
Keywords: principle of autonomy; genetic testing; right to privacy; case law of the European Court of Human Rights;

Summary/Abstract: The paper aims to define the bioethical principle of autonomy in the conceptualtheoretical sense, and points to its legal significance. The basic legal derivatives of the principle of autonomy are identified, defined as specialized patients’ rights, ie. the right to selfdetermination, the right to informed consent, and the right to privacy and confidentiality of health information. The principle of autonomy is particularly relevant in the context of conducting genetic testing, bearing in mind the specificities of genetic testing as a diagnostic measure. Genetic testing provides information on both the current and future health status of an individual, as well as their family members’. Determining the scope of application of the principle of autonomy in the context of genetic testing has been defined as the basic research question that will be considered from a contemporary, theoretical point of view, but also through an analysis of the case law of the European Court of Human Rights.