Criminalizing genomic discrimination: protecting human dignity under UAE and French law

The rapid advancement of genomics and biotechnology has introduced complex legal and ethical challenges, foremost among them genomic discrimination: the use of individuals' genetic traits, family medical history, or inferred genetic status to make adverse decisions in employment, insurance, access to services, or other legally significant contexts. Such practices undermine human dignity, equality, privacy, and trust in institutions.

Using descriptive-analytical and comparative methods, we analyze the adequacy and effectiveness of criminal-law protections against genomic discrimination in the United Arab Emirates (UAE) and France. We examine the scope of protected genetic information, the constitutive elements of the offense, applicable sanctions, attempted discrimination, aggravating circumstances, and emerging risks arising from familial and forensic uses of genetic data.

Both jurisdictions prohibit discrimination based on genetic characteristics, but important gaps remain regarding attempted offenses, aggravating circumstances, inferred genetic information, and the expanding use of familial and genealogical genetic data. In the UAE, the Human Genome Law expressly prohibits and criminalizes genomic discrimination, while French law prohibits discrimination based on genetic characteristics through its Civil and Penal Codes.

We recommend clearer criminal provisions addressing attempts, proportionate and cumulative sanctions where appropriate, explicit aggravating circumstances, and safeguards against discriminatory uses of inferred, familial, forensic, and genealogical genetic information. These reforms would strengthen protection of human dignity.