This thesis analyzes the rationale, appropriateness and value of the available legal and regulatory means to deal with genetic discrimination in the context of insurance. Insurance is used as a paradigm case for discussing the legal means to address the concerns related to the impact of new medical technologies. A new framework is proposed for evaluating the potential impact of such new technologies on people's ability to participate fully in social life and to have access to important social goods without unfair discrimination based on certain inherited traits. / A "thick" contextual method is used, which involves a detailed description of the medical, social, and legal context of the debate. The approach is based on Michael Walzer's theory of justice, which posits that in assessing the fairness of the distribution of a particular good, one must take into account the nature of the good as determined by the specific socio-historical context in which it obtains its shared meaning. Walzer's theory is used in the thesis to critically analyze the regulatory and legislative means introduced in several countries to curb genetic discrimination. It is further argued that Walzer's contextual analysis resembles the approach taken by the Canadian Supreme Court in the context of anti-discrimination law. Canadian human rights law is analyzed in detail to describe how genetic discrimination could be dealt with under the current provisions and how human rights law can be used to create conditions of substantive equality. The thesis concludes with an analysis of various legal and regulatory options to deal with genetic discrimination and its impact on human rights in the Canadian context. The establishment of a regulatory body is proposed, with the mandate to review the appropriateness of the use of new tests in the context of insurance. I argue that this review process, and the contextual analysis that should be involved in this process, would constitute a useful step towards creating conditions for substantive equality, not only for those who are genetically disabled, but for all those who are affected by real or perceived disabling conditions and stigmatizing traits.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.84213 |
| Date | January 2003 |
| Creators | Lemmens, Trudo |
| Contributors | Glenn, H. P. (advisor), Knoppers, B. M. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Doctor of Civil Law (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001985022, proquestno: AAINQ88694, Theses scanned by UMI/ProQuest. |
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