A/HRC/15/26
the International Forensic Program of Physicians for Human Rights; and the members of the
Steering Committee on Forensic Science Programs (SCFS) at the ICMP.
43.
These interlocutors and ICMP are unanimous in support of the Human Rights
Council examining the application of forensic genetics to human rights, and recognizing the
benefit of guidelines that could aid governments and other actors in formulating approaches
to identification in human rights contexts that are appropriately grounded in scientific
methodology. It is important to note that forensic genetics is the most rigorously established
scientific basis for identification, and the international community should seek mechanisms
by which this tool can be used to maximum benefit.
44.
With regard to the establishment of a United Nations manual on the use of forensic
genetics, ICMP suggested that it would be both difficult and redundant to produce and
maintain a manual that addresses the use of forensic genetics in any technical specificity.
Given the pace of technical development in the field, and the range of technical approaches
that can be brought to bear, it would be excessively burdensome to maintain technical
recommendations that keep pace with evolving guidelines from professional organizations
that frame technical approaches and practical considerations, and define quality assurance
standards or best practices.
45.
However, it would be useful if a set of United Nations guidelines were to: (a) raise
awareness of forensic genetics as enabling governments to comply with human rights
obligations, in particular but not exclusively in the context of missing persons; and (b) refer
to the requirement that such efforts be based on objective scientific methods to the
maximum extent possible. With regard to the application of forensic genetics, the guidelines
could also emphasize best practices in the field with regard to such issues as laboratory
accreditation, formal quality assurance mechanisms, training and certification of analysts. A
set of United Nations guidelines established in consultation with the practising community
of forensic genetic scientists would certainly be of considerable value.
46.
An area of high importance and value for such guidelines would be the issues of
genetic data protection and informed consent. The issues of genetic sample and database
access and retention, and the fact that forensic genetic investigations can reveal unexpected
family relationships, call for a set of guiding principles that are substantially lacking in the
field. The Human Rights Council is very well positioned to address such underdeveloped
areas.
47.
In its contribution to the present report, Turkmenistan stated that the increased use of
forensic genetics to identify victims of violations of human rights and humanitarian law and
the establishment of a genetic databank would make a significant contribution to
establishing the truth and protecting human rights in judicial proceedings. For this reason,
Turkmenistan is exploring the possibility, with the support of the Academy of Sciences and
the law enforcement agencies, of establishing laboratories to carry out forensic genetic
investigations and subsequently also of setting up a genetic databank.
C.
The existing human rights legal framework
48.
Given the benefit and utility of forensic science in enabling governments to fulfil
their obligations in national and international settings, its use must be commensurate with
human rights standards. Meanwhile, some existing international legal instruments that
address the use of genetics in the context of medical research generally exempt its forensic
applications from their purview. A notable exception is Human Rights Council Resolution
10/26 on forensic genetics and human rights that urges governments to apply forensic
genetics pursuant to international standards accepted by the scientific community in
identifying the remains of victims of serious violations of human rights and of international
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