Article 16.1Everyone has the right to respect for his body.The human body is inviolable.The human body, its elements and its products may not form the subject of a patrimonial right.[Article 16.1.1 was added in 2008 - no formal English translation available] Article 16-2 The court may prescribe any measures appropriate to prevent or put an end to an unlawful invasion of the human body or to unlawful dealings relating to its elements or products.[Article 16-2 was also modified by the 2008 legislation - no formal English translation of modification available.]Article 16-3 There shall be no invasion of the integrity of the human body except in case of "medical" (Act n° 99-641 of 27 July 1999) necessity for the person. The consent of the person concerned must be obtained previously except when his state necessitates a therapeutic intervention to which he is not able to assent.Article 16-4 Nobody may invade the integrity of mankind. Any eugenic practice which aims at organizing the selection of persons is forbidden. Without prejudice to researches aiming at preventing and treating genetic diseases, there may be no alteration of the genetic characters with a view to changing the descent of a person.Article 16-5 Agreements that have the effect of bestowing a patrimonial value to the human body, its elements or products are void.CHAPTER III - OF THE GENETIC STUDY OF THE PARTICULARS OF A PERSON AND OF THE IDENTIFICATION OF A PERSON OWING TO HIS GENETIC PRINTS (Act n° 94-653 of 29 July 1994)Article 16-10 A genetic study of the particulars of a person may be undertaken only for medical purposes or in the interest of scientific research . The consent of the person must be obtained before the carrying out of the study.Article 16-11 The identification of a person owing to his genetic prints may only be searched for within the framework of inquiries or investigations pending judicial proceedings or for medical purposes or in the interest of scientific research . In civil matters, that identification may be sought only in implementation of proof proceedings directed by the court seized of an action aiming either at establishing or at contesting a parental bond, or for getting or discontinuing subsidies. The consent of the person must be obtained previously and expressly. Where the identification is made for medical purposes or in the interest of scientific research, the consent of the person must be obtained previously.Article 16-12 Only persons whom have been authorized in such a way as prescribed by a decree in Conseil d'État are entitled to undertake identifications owing to genetic prints. In the framework of judicial proceedings, those persons must besides be registered in a list of judicial experts.Article 16-13 (Act n° 2002-303 of 4 March 2002).- No one may be discriminated against on the basis of his genetic features.
Type of law:
National constitutional law