Result card

  • LEG22: Is the marketing of Genetic Tests for breast cancer to the patients restricted?
No adaptation help available for this domain

Is the marketing of Genetic Tests for breast cancer to the patients restricted?

Authors: Marina Casini, Emanuela Midolo, Marco Marchetti

Internal reviewers: Judite Neves, Ana Bação, Vesna Kovač

The domain methodology used for this question has been collection, selection and analysis of European norms and sentences.

The state of our knowledge leads us to conclude that in fact the marketing of genetic testing is limited to those patients who have the economic resources to afford access to these tests. Precisely for this reason we consider it necessary, as already mentioned above, to make these tests accessible to all, under the principle of equal access to treatment. The many Directives that declare the principle of equal access to care, include: Articles 1 and 4 of the Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing {2}; Article 14 of the European Convention of Human Rights “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status” (7); Sentence of the European Court of Justice from the 28 April of 1998 C-158/96 (32); Sentence of the Queen for Yvonne Watts vs. Bedford Primary Care Trust & Secretary of State for Health C-372/04.{11}

Casini M et al. Result Card LEG22 In: Casini M et al. Legal aspects In: Jefferson T, Vicari N, Raatz H [eds.]. Prognostic tests for breast cancer recurrence (uPA/PAI-1 [FEMTELLE], MammaPrint, Oncotype DX ) [Core HTA], Agenzia nationale per i servizi sanitari regionali (, Italy ; 2013. [cited 7 February 2023]. Available from: