Genetički i drugi zdravstveni osnovi diskriminacije na radu
Genetic and other health reasons for discrimination at work

Author(s): Sanja Stojković-Zlatanović
Subject(s): Social Sciences, Human Rights and Humanitarian Law, Labor relations, Health and medicine and law, Labour and Social Security Law
Published by: Институт друштвених наука
Keywords: discrimination; prevention; Serbia; discrimination against persons with disabilities; persons with disabilities; employees; genetic testing; right to privacy
Summary/Abstract: Issues of discrimination on grounds related to human health, including discrimination on the basis of genetic characteristics, due to the rapid development of biomedicine and genetics, especially in the field of labor and employment, pose a particular challenge for the standardization and application of legal rules. In this regard, prima facie, it is worth mentioning the problem of neglecting the importance and role of nomotechnics, and in the context of the subsequent interpretation of legal rules, but also of legal concepts, and the development of legal reasoning in general. Ambiguities and vagueness of laws and other legal documents are a feature not only of the domestic legal order, but also of the orders of much more developed countries. For this reason, legal theory is called upon to provide the necessary clarifications and to give appropriate answers, relying on case law, both on the practice of national courts and the practice of supranational tribunals, in particular the European Court of Human Rights and the European Court of Justice. Since the aim of the research was to clarify certain legal concepts that are not sufficiently defined and to examine problems that have not been researched in domestic labor law science but also in related scientific disciplines, this book seeks to open up questions related to progress in biomedicine and genetics, and to point to possible directions for the development of labor law science in the future.

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