1. In Cyprus, genetic testing is only regulated through the legal framework that applies to health services as a whole. There is no specialized Act in place with regards to genetic testing and patient rights.The Patient Rights Act (Law 1(I)/2005) can be seen as an umbrella law that covers all issues pertaining to treatment, therapeutic schemes, also including genetic testing. According to article 3 of the Patient Rights Act its provisions are complementary to the rights deriving from international treaties relating to the protection of human rights ratified by the Republic, among which the Convention on Human Rights and Biomedicine. Moreover, according to article 169 (2) and (3) of the Constitution of the Republic of Cyprus an international Convention has immediately superior force to any municipal law. In this respect, the provisions of the Convention related to genetic services are applicable.
   The regulations on patient rights are mutatis mutandis applicable as rights of users of genetic services.
   Article 2 of the Patient Rights Act contains a definition of genetic data, i.e. all data, of whatever type, concerning the hereditary characteristics of an individual or concerning the pattern of inheritance of such characteristics within a related group of individuals.
2. “Unfavourable discrimination” is defined in the Patient Rights Act, i.e. a violation of the principle of equal treatment on the basis of, inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions, and religious beliefs, ages, health status, specials needs and social-financial status.
   Discrimination on the ground of genetic heritage is not stipulated as such in the Constitution, nor in another Cypriot act, but can be deduced from the definition of unfavourable discrimination, more specifically from the discrimination on grounds of health status.

Top