Recognizing the importance of restoring identity to those persons who were separated from
their families of origin, including those cases where they were 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,
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;
2
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