OSNOVNI PRAVNI ASPEKTI USLUGE PRENATALNE GENETIČKE DIJAGNOZE

Abstract

The field of genetic services within the legal system of the Republic of Serbia was initially regulated in 2015 with the enactment of the Law on Prevention and Diagnosis of Genetic Diseases, Genetically Conditioned Anomalies, and Rare Diseases. This law, commonly known as “Zoja’s Law”, was prompted by the advocacy of parents whose daughter suffered from a rare disease and was denied access to healthcare due to the inability to obtain a diagnosis in Serbia. As a result, the law was introduced to the public with significant attention and is recognized as one of the most modern legal frameworks in Europe concerning the establishment of rights, duties, and responsibilities for participants in medical procedures related to the prevention and diagnosis of genetics diseases, genetically conditioned anomalies, and rare diseases.This law covers several broader areas in the context of genetic testing aimed at establishing a diagnosis, including predictive, prenatal, and postnatal diagnostics. This paper focuses on the analysis of prenatal diagnosis - the genetic testing of embryos or fetuses. In addition to examining the provisions of domestic legislation, special attention will be given to analyzing the European Court of Human Rights (ECtHR) practice regarding member states’ provision of access to these services for individuals. This analysis entails assessing the compatibility of Serbia’s legal framework with European human rights standards, particularly concerning the right to health and reproductive rights. Key issues explored include access to information, consent, privacy, and the balancing of individual rights with societal interests.