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Switzerland has opened door to genetic discrimination, say ethicists
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     A new law on genetic testing in Switzerland has opened the door to discrimination by insurance companies against people with hereditary diseases, an ethics group has said.

    Pascale Steck, from the pressure group Basler Appeal against Gene Technology, accused the government of putting the interests of insurance companies ahead of the needs of the population after it passed laws allowing insurance companies to have limited access to the results of genetic tests.

    Under the new rules insurance companies will be able to see results of genetic tests in cases where policy holders plan to take out life insurance policies worth more than SFr400 000 (?80 000; $320 000 €260 000).

    Ms Steck said that letting private insurance companies gain access to such information would lead to the creation of a "genetic underclass" of people who would find it difficult to get life insurance.

    "This law opens the door to discrimination, and there is a danger that once a precedent like this is set it can be expanded to the state health insurance companies and other areas," she said.

    She also criticised data protection laws concerning private insurance companies as being too lax.

    "Private insurance companies could pass on the information they get about people’s risk of disease through genetic tests, and this will affect not only the individuals but also their relatives," she said.

    Justice minister Christoph Blocher, from the far right Swiss People’s Party, said that insurance companies needed to see the results of genetic tests when higher sums were involved, to prevent possible abuse. He said that otherwise people at a higher risk of some diseases would be able to gain insurance cover at a lower cost than they should.

    The SFr400 000 rule on genetic testing for insurance policies is part of a comprehensive law covering the use of genetic tests in the medical field, in the workplace, and for paternity testing that has been introduced because of expanded use of genetic testing.

    Under the new rules genetic testing in Switzerland can only be carried out for medical purposes and only with the consent of the individual. People being tested also have the right to refuse to know the results. Counselling will be given to people before they take genetic tests.

    Also, companies will not be able to insist that staff undergo genetic tests or that the company see the results if a test has been made, except where individuals have a certain responsibility for the safety of others, such as pilots.

    Prenatal testing, too, can be carried out only for health reasons.

    A commission is to be set up to ensure a uniformly high standard of genetic testing, and laboratories doing testing will need certification.

    Ms Steck had strong praise for those parts of the new legislation that have strengthened the rights of individuals in key areas.

    The law has now gone back to the House of Representatives for final modifications after being passed in the Senate.

    In the United Kingdom a five year moratorium on the use of genetic test results by insurers has been in effect since 1 November 2001. It was negotiated by health department officials with the Association of British Insurers.(Vienna Jane Burgermeister)