Genetic testing: contribution to a legal study.

Summary The second half of the 20th century and the beginning of the 21st century have been marked by the spectacular development of genetics, fascinating by the effect of understanding that it seems to induce, terrifying by its propensity to classify, normalize and even exclude. In 1994, France was one of the first countries to establish a specific framework for genetic testing, i.e. the discovery of genetic information. At this stage, it puts in place the means for effective autonomy of the person, which should be extended to the field of self-tests proposed on the Internet, which, through a phenomenon of contractualization of genetic tests, undermine the autonomy of the patient. Outside this individual and medical framework, the legislator, entangled in a liberal and individualistic apprehension of rights, reveals a great difficulty in thinking about the collective dimensions of genetic information, in apprehending the latter with regard to its greater or lesser specificity depending on the circumstances, and in adapting the methods of access and the rules of circulation. However, in a society where the emphasis placed on the freedom and autonomy of individuals invites a reinforcement of individual responsibility, genetic information contributes to an increased individualization of situations to the detriment, if necessary, of the idea of solidarity. On the contrary, the latter must be placed at the heart of a necessary reflection on the public health policy of genetic testing.