A/HRC/15/26
of whether or not a body was found whole, whether a potential identity is known,
whether the victims included blood relatives and if so how they were related, etc.
III.
A.
Forensic genetics and human rights
Practices at the national level in the use of forensic genetics for
identifying victims of serious violations of international human rights
and humanitarian law and the voluntary creation of genetic databanks
18.
In Argentina an agreement has been signed with the Argentine Forensic
Anthropology Team (EAAF), through the Ministry of Health and the National Memory
Archives attached to the Office of the Secretary for Human Rights, with the aim of
implementing and supporting the “Latin American initiative for the identification of
disappeared persons” in Argentina. This initiative is intended to achieve a significant
increase, at the regional and local level, in identifications of the remains of victims of
politically motivated enforced disappearances in Latin America. At the local level, the
agreement involves collecting blood samples in order to carry out large-scale DNA tests, the
results of which are added to archives operating under the umbrella of the National Memory
Archives and managed jointly by representatives of the Archives and EAAF.
19.
The agreement includes a confidentiality clause binding on all parties and intended
to protect donors by requiring their informed consent. Donors in turn have the right to
access the genetic information resulting from processing of the samples. Only EAAF and
the Office of the Secretary for Human Rights have access to the samples deposited in the
genetic databank. The two agencies have signed a confidentiality agreement with the
Ministry of Health, and another has been signed by EAAF and the genetic laboratories that
analyse the samples. The information generated by the analyses is strictly confidential.
20.
The genetic tests carried out on the blood samples involves comparing the genetic
profiles of the blood with the genetic profiles of a bone sample taken from the remains of
possible family members. The entire process is completely free of charge for family
members. It should also be noted that a blood sampling system has been set up in various
countries through the Argentine Ministry of Foreign Affairs, International Trade and
Worship.
21.
In establishing the National Genetic Data Bank by Act No. 23.511 of 13 May 1987,
Argentina reaffirmed its commitment to seek by any and all means information on the
whereabouts of children who had been abducted with their parents or born during their
mothers’ captivity, and who had been taken away and given new identities by persons
directly or indirectly associated with State terrorism. The National Genetic Data Bank made
it possible to identify with scientific certainty 101 children who had been abducted and
given new identities, and to restore their identity and personal history.
22.
Government policy was further reinforced in November 1992 when, pursuant to Act
No. 25.547, the national executive set up the National Commission on the Right to an
Identity (CONADI), and thereby established a working relationship between NGOs and the
State. The primary purpose of CONADI is to guarantee the right to an identity and to lead
the search for children who disappeared during the military dictatorship. Anyone born
between 1976 and 1983 who has doubts about his/her identity or believes they may be the
children of persons who disappeared during the last military dictatorship can seek the
assistance of CONADI to open a case file for an investigation into their biological origin,
without having to initiate court proceedings. If deemed necessary, CONADI can perform
DNA tests for free, in cooperation with the National Genetic Data Bank.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents