1. No specific legislation on genetic testing exists in Belgian legislation. Therefore the rights of patients also apply to the rights of users of genetic services.
2. The issue of genetic testing as a prerequisite for insurance raises concerns as to the possibility of discrimination against the individual based on his or her genetic disposition.
   Without much public discussion, the Belgian Parliament has approved in 1992 legislative dispositions on the use of genetic testing to predict the future health status of applicants for (life) insurances. The dispositions have been incorporated in the Law of 25 June 1992 (Moniteur belge, 20 August 1992) on the territorial insurance contracts.
3. A first disposition in contained in Article 5,1 that is incorporated in Chapter II of the Law of 25 June 1992. This article is applicable to all insurance contracts.
   It contains an obligation for the insurance taker to give accurate information of all known circumstances of which he can reasonably assume to be of influence on risk-assessment by the insurer. However, he is not obliged to give information on circumstances the insurer already knows or reasonably should have known. Finally, genetic data may not be communicated.
   This last sentence has been added by an amendment to guarantee a complete ban on giving genetic information of any kind, albeit favourable or unfavourable genetic information. The intention of the amendment was to avoid discrimination between genetically ‘good luck’ and ‘bad luck’ insurance takers.
4. Another provision which is of great importance in the Law of 25 June 1992, is Article 95,1 relating to medical information and private insurances. This article provides that a medical examination necessary to conclude and implement the insurance contract may only depend on the anamnesis of the present health condition of the candidate and not on genetic research techniques which are meant to determine the future health condition.
5. The Belgian Constitution prescribes “Belgians are equal before the law”; “Enjoyment of the rights and freedoms recognized for Belgians should be ensured without discrimination.” Further it is stated in Belgian Legislation that discrimination (whether direct or indirect) is prohibited on the basis of among other things current or future health status, a handicap or a physical characteristic. No explicit recognition of the prohibition of discrimination on grounds of genetic heritage can be found in Belgian legislation.

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