Human rights law dna profiling a comparative analysis law essay

Using speculative searching to identify suspects can mean that the balance of evidence is shifted: Racial bias, mass screens and impacts on children and vulnerable people In many countries, ethnic minorities are more likely to be arrested and prosecuted for criminal offences.

In line with this, the issue of racial discrimination is more or less synonymous with the violation of fundamental human rights.

How it can be misused Though the draft Bill provides for an elaborate procedure for accessing data contained in national and state data banks, possibilities of leakage and misuse exist.

What are the concerns about DNA databases? Forensic DNA databases are now well established in many countries in the world. Essentially, it encompasses the use of the ethnicity, race or nationality of an individual as the main factor of law enforcement procedures such as random checks, arrest and the like.

Conclusions DNA databases raise important issues about privacy and human rights. Usually there are two different sources of these DNA profiles: If the provisions on human rights as enshrined in the Constitution of the United States of America are to be enhanced, elements such as racial profiling should not be legalized under any given circumstances.

These concerns do not relate solely to the storage of DNA profiles and samples, but also to the other information that may be kept.

However, even a rape case may not be straightforward: There is a wide range of views in different countries about whan DNA should be collected by the police. Routine cross-border speculative searching of crime scene DNA profiles against stored DNA profiles from individuals arrested in other countries is therefore likely to throw up many more false matches than if such searches are restricted to one country or limited to only a small number of profiles.

When a new crime scene DNA profile is added to the database it is searched against all the other DNA profiles stored on the database. The major human rights concerns relate to the widening of the group of individuals not crime scene samples from whom DNA can be taken and then retained.

What is DNA profiling? Conclusions Using DNA to trace people who are suspected of committing a crime has been a major advance in policing. The weight attached to the match should depend on whether there is additional corroborating evidence: In the United States of Americaracial profiling is widely considered by many people as a tool of perpetrating racial discrimination particularly towards people who are drawn from ethnic minorities.

The standards used to create a DNA profile have changed with time and vary from country to country: Use of DNA evidence in court A key issue is whether prosecution requires corroborating evidence, or whether a person can be convicted on the basis of DNA evidence alone.

Police can also collect biological samples from suspects, usually by scraping some cells from inside their cheek. These concerns are exacerbated by wider problems within many criminal justice systems, which may result in racial, religious or political bias in whose DNA and personal information is kept, or insensitivity to the impacts on vulnerable people, including children and the mentally ill.

Why Human DNA Profiling Bill can put Indians in danger

Records on DNA databases, or linked records on police databases, often contain information about ethnicity. Essential safeguards include legal restrictions on the circumstances in which DNA and associated information can be collected and retained.

What is the way out?The Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly incorporate the European Convention on Human Rights, gives the United Kingdom a defective law which puts it at the bottom of any international league table of bills of rights. Why Human DNA Profiling Bill can put Indians in danger Kuwait enacted a law that makes DNA profiling of its citizens and foreign nationals living in the country mandatory.

The Human DNA. LEGAL STUDIES ESSAY. DNA PROFILING Breakthroughs in DNA testing have brought success to what would have otherwise been unsolved cases. DNA profiling is a technique used by many scientists and police to match DNA samples found at the scene of a crime with their respective counterparts generally found on their database.

Racial Profiling and Human Rights in Canada examines a combination of psychological, sociological, organizational, political, and community perspectives, resulting in a holistic, multi-faceted approach to understanding the phenomenon of racial profiling and to pre-empting or eradicating it.

DNA Databases and Human Rights

Argumentative Essay: Racial Profiling Featured WRITTEN_BY for instance, it serves as a platform for perpetrating the violation of fundamental human rights. The case example of the Arizona SB law serves as a legal loophole that can contribute directly or indirectly towards the escalation of racial profiling.

Implications Of. The DNA Profiling Bill, was introduced with an objective to “enhance protection of people in the society and administration of justice, analysis of DNA found at the scene of crime, of the victim or offender has been used to establish identity”.

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Human rights law dna profiling a comparative analysis law essay
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