Genetic discrimination in foreign legislation and law-enforcement practice

¹ Kutafin Moscow State Law University (MSAL), Department of Legal Practice, partner of the Scientific Collaboration "Legal Genomics Developments Alliance (LeGenDA)", Sadovaya-Kudrinskaya Street 9, Moscow, 125993, Russia
² Advocate at Advocate’s Office “SanctaLex” of the Moscow City Bar Association, leading partner of the Scientific Collaboration "Legal Genomics Developments Alliance (LeGenDA)", Talalikhina str., 2/1 build. 4, Moscow, 109147, Russia

^* Corresponding author: ponomard@yandex.ru

Abstract

The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system