Genes and Insurance ：Ethical, Legal and Economic Issues ( Cambridge Law, Medicine and Ethics )

Publication subTitle ：Ethical, Legal and Economic Issues

Publication series ：Cambridge Law, Medicine and Ethics

Author： Marcus Radetzki;Marian Radetzki;Niklas Juth;  

Publisher： Cambridge University Press‎

Publication year： 2003

E-ISBN: 9781316904831

P-ISBN(Paperback): 9780521830904

P-ISBN(Hardback):  9780521830904

Subject： F840.62 life insurance (Life Insurance)

Keyword： 法律

Language： ENG

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Description

Considers problems associated with genetic information in an age of declining welfare provision, and offers direction for future policy. The genetic information that is available to insurance companies has often been regulated to avoid certain ethical difficulties. However, regulation may not be the solution, argue the authors, and suggest instead the resurrection of collectively funded public insurances. This will interest academic researchers and professionals involved with genetics and insurance. The genetic information that is available to insurance companies has often been regulated to avoid certain ethical difficulties. However, regulation may not be the solution, argue the authors, and suggest instead the resurrection of collectively funded public insurances. This will interest academic researchers and professionals involved with genetics and insurance. The result of two key social developments in recent years are examined here: the partial dismantling of the welfare state and the progress of genetics. Genetic insights are increasingly valuable for risk assessment, and insurers would like to use these insights to help determine premiums. Combined with the fact that social welfare is being curtailed, this could potentially create an uninsured high-risk population. Along with considerations of autonomy and privacy, this is the basis for an ethical critique of insurer's access to information. The result has often been regulation of such information; but the authors argues that due to adverse selection, regulation will not solve these problems, and this may jeopardize the survival of private personal insurance. Instead, we should look towards the resurrection of social insurance, a key component of the welfare state. This will interest academic researchers as well as professionals involved with genetics and insurance. Preface; 1. Introduction; Part I. Starting Points: 2. The terminology and possibilities of genetics; 3. Opportunities for insurers to use genetic information; Part II. Social, Economic and Legal Aspects: 4. Social insurance in the modern welfare state: emergence, maturity and partial dismantling; 5. International trade in personal insurance; 6. Prohibitions against discrimination in the private sphere: does legislation build on a consistent foundation?; Part III. Ethical Aspects: 7. Ethical arguments for and against the right of insurance companies to genetic information; Part IV. Evaluation: 8. Conclusions and policy implications; Bibliography; Index. '… this timely book, a welcome translation from the Swedish original … This excellent book tells a cautionary tale about the prospects of total and partial regulation …' The King's College Law Journal 'The legal and moral implications of genetic testing and insurance risk assessment are of growing importance as our knowledge of genetics and their impact on the development of disease increases. This book looks at the subject from ethical and economic angles, as well as from a legal viewpoint, and should be read by all those interested in the ongoing debate on the extent to which disclosure of genetic information to insurers should be regulated.' Actuary 'Genes and Insurance is both thought provoking and a good read …' Ken Davidson, Chairman of Crispin Speers & Partners (Lloyds Brokers), past Chairman of the British Insurance Law Association

Chapter

Cover

Half-title

Series-title

Title

Copyright

Contents

Preface

1 Introduction

Part I Starting points

2 The terminology and possibilities of genetics

2.1 Introduction

2.2 Some basic genetic terminology

2.3 The possibilities of genetics

2.4 Consequences for private personal insurance

3 Opportunities for insurers to use genetic information

3.1 Background: duty of disclosure and balance of information

3.2 The regulations

3.2.1 International conventions, recommendations and declarations

3.2.2 Legislation

3.2.3 Voluntary agreements

3.2.4 Partial and total regulation

3.2.5 The future

3.3 Consequences of regulation

3.3.1 Asymmetric information

3.3.2 Adverse selection

3.4 How can regulation be justified?

3.4.1 Solidarity

3.4.2 Integrity and self-determination

3.4.3 Should genetic information be treated in a special way?

3.5 Closing remarks

Part II Social, economic and legal aspects

4 Social insurance in the modern welfare state: emergence, maturity and partial dismantling

4.1 Introduction

4.2 From a humble beginning around the turn of the century until 1950

4.3 Consolidation and the great expansion, 1950–1980

4.4 Re-evaluation and restructuring after 1980

4.4.1 Practical problems

4.4.2 Fundamental dilemmas caused by social insurance

4.4.3 The content of the reforms

5 International trade in personal insurance

5.1 Introduction

5.2 The deepened integration of the world economy

5.3 Personal insurance based on genetic information: a niche for the insurance industry

5.3.1 Basic preconditions

5.3.2 A dynamic model

5.4 The ultimate consequence of trade

6 Prohibitions against discrimination in the private sphere: does legislation build on a consistent foundation?

6.1 Introduction

6.2 Discrimination in the public sphere

6.3 Discrimination in the private sphere

6.3.1 Introduction

6.3.2 Freedom of contract as the point of departure

6.3.3 Prohibitions against discrimination

6.3.4 Reasons for prohibiting discrimination

6.4 Concluding remarks

Part III Ethical aspects

7 Ethical arguments for and against the right of insurance companies to genetic information

7.1 Introduction

7.2 Negative consequences

7.2.1 Consequentialism

7.2.2 Negative consequences of total regulation: adverse selection

7.2.3 Negative consequences of partial regulation: deterrence

7.2.4 Consequentialism: summary

7.3 Autonomy

7.3.1 Introduction

7.3.2 Mill’s ideal of autonomy

7.3.3 Autonomy as self-realisation

7.3.4 Autonomy: summary

7.4 Privacy

7.4.1 Introduction

7.4.2 Is there anything special about genetic information?

7.4.3 Privacy: summary

7.5 Justice

7.5.1 Introduction

7.5.2 Justice: desert and equality

7.5.3 Justice: voluntariness and rights

7.5.4 Justice: a compromise

7.5.5 Justice: summary

7.6 Conclusion

Part IV Evaluation

8 Conclusions and policy implications

8.1 Introduction

8.2 Reduced scope of social insurance and genetic progress, and restrained access to genetic insights for the purpose…

8.3 Ethical aspects and practical consequences

8.3.1 Ethical aspects

8.3.2 Practical consequences

8.4 Future policy implications

8.4.1 Partial regulation

8.4.2 Total regulation

8.4.3 A final consideration

Bibliography

International legal instruments

United Nations

Conventions

Declarations

European Community

Treaties

Directives

Council of Europe

Conventions

Recommendations

National legislation

Denmark

Norway

Sweden

Official publications

European Community

Council of Europe

Denmark

Government bills

Norway

Government bills

Other legislation in preparation

Sweden

Government bills

Other legislation in preparation

Books and articles

Index

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