الحق في الخصوصية الجينية و السلامة الجسدية على ضوء القانون 16-03

Abstract EN

Despite the prestige that has become the genetic fingerprint in both criminal and civil material, which seems to be evident to all due to its accurate and decisive disclosure of the perpetrators of rape, theft and murder, as well as in cases of proof of descent, this progress and the remarkable results achieved have been accompanied by a conflict and collision with some legal principles concerning the rights of individuals and their personal freedoms, and therefore it is not without Problems raised by the use of genetic fingerprinting in the judicial field by infringing on the constitutional rights of individuals, the most important of which is the right to physical integrity and the right to privacy.

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Therefore, we address the legality of infringement of these rights within the articles of Law 16-03 concerning the use of genetic fingerprint in judicial proceedings and the identification of persons by obtaining biological samples from persons for use in genetic analysis, as well as access to the genetic and genetic composition of the person and their use in evidence.