A/HRC/10/29
Recognizing also that forensic genetics, when applied in an independent manner and
subject to international standards, may effectively contribute to the identification of the
remains of victims, to the restitution of identity to those persons illegally taken away and to
address the issue of impunity,
Mindful of the fact that ethical issues arising from the swift progress of science and
its technological uses must be examined not only in the light of due respect for a human
being’s dignity, but also of the observance of human rights and fundamental freedoms, and
recalling in this regard the Universal Declaration on Bioethics and Human Rights, the
International Declaration on Human Genetic Data and the Universal Declaration on the
Human Genome and Human Rights of the United Nations Educational, Scientific and
Cultural Organization,
1.
Encourages States to consider the use of forensic genetics to contribute to the
identification of the remains of victims of serious violations of human rights and of
international humanitarian law, and to address the issue of impunity;
2.
Also encourages States to consider the use of forensic genetics to contribute
to the restoration of identity to those persons who were separated from their families,
including those taken away from their relatives when they were children, in situations of
serious violations of human rights and, in the context of armed conflicts, of violations of
international humanitarian law;
3.
Stresses the importance of providing the results of the investigations of
forensic genetics to national authorities, in particular, where appropriate, to competent
judicial authorities;
4.
Welcomes the increasing use of forensic genetics in the investigations of
serious violations of human rights and international humanitarian law, and calls for further
cooperation between States, intergovernmental organizations and non-governmental
organizations in planning and conducting such investigations consistent with applicable
domestic and international law;
5.
Encourages States to consider the use of forensic genetics to be applied
pursuant to the international standards accepted by the scientific community in relation to
quality assurance and control, and to ensure, where appropriate, the utmost respect for the
principles of protection and confidentiality of information and restricted access to such
information, and recognizes that many States have domestic legislation in place designed to
protect the privacy of individuals;
6.
Requests the Office of the United Nations High Commissioner for Human
Rights to request information from States, intergovernmental and non-governmental
organizations on best practices in the use of forensic genetics for identifying victims of
serious violations of human rights and international humanitarian law with a view to
considering the possibility of drafting a manual that may serve as a guide for the application
of forensic genetics, including, where appropriate, the voluntary creation and operation of
genetic banks, with appropriate safeguards;
7.
Asks the Office of the High Commissioner to include the information
requested in paragraph 6 above in a report on the use of forensic experts, to be submitted to
the Council at its fifteenth session, pursuant to Council resolution 9/11;
8.
Decides to consider this matter at its fifteenth session under the same agenda
item.
44th meeting
27 March 2009
[Adopted without a vote. See part II, chap. III.]
GE.09-17451
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