eCite Digital Repository

The Use of Legal Remedies in Australia for Pursuing Allegations of Genetic Discrimination: Findings of an Empirical Study


Otlowski, MFA and Stranger, MJA and Taylor, S and Barlow-Stewart, K and Treloar, S, The Use of Legal Remedies in Australia for Pursuing Allegations of Genetic Discrimination: Findings of an Empirical Study, International Journal of Discrimination and the Law, 9, (1) pp. 3-36. ISSN 1358-2291 (2007) [Refereed Article]

Restricted - Request a copy

Copyright Statement

2007 A B Academic Publishers

DOI: doi:10.1177/135822910700900102


Differential treatment on the basis of genetic status (genetic discrimination), has become an issue of international concern. The Genetic Discrimination Project (GDP) is an Australia-wide study which has empirically examined the nonmedical/health advantages and disadvantages for individuals who have gained specific information about their genetic status (typically through genetic testing). A major component of this project has been the Legal System Study which investigated and documented all cases involving allegations of genetic discrimination coming before anti-discrimination tribunals and other relevant bodies in Australia. Another major component of the project, the Consumer Study, investigated allegations of genetic discrimination from consumers of genetic tests. While the study identified a relatively small number of cases where allegations of genetic discrimination have been pursued under Australian anti-discrimination legislation, a key finding was the notable lack of uptake of legal remedies by those who may have experienced such discrimination. This paper explores possible factors contributing to this lack of uptake and makes recommendations to facilitate access to legal remedies by those who may have been subject to unlawful genetic discrimination.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Otlowski, MFA (Professor Margaret Otlowski)
UTAS Author:Stranger, MJA (Dr Mark Stranger)
ID Code:48671
Year Published:2007
Deposited By:Law
Deposited On:2007-08-01
Last Modified:2009-07-17
Downloads:4 View Download Statistics

Repository Staff Only: item control page