DNA profiling of unidentified human remains in the South African context: an ethico-legal analysis
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Date
2016
Authors
Krysztofiak, Bozena
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Abstract
Due to the inherent sensitive character of human genetic material, when employing
DNA-based methodology in identification of human remains, clear ethical guidelines
and well implemented law are necessary. With this in focus, the study determines
and validates a set of morally justifiable ethical standards drawn from universal
principles and human rights which rest on the value of respect of human dignity.
In South Africa, The Criminal Law (Forensic Procedures) Amendment Act was
commenced in 2015. While the terms of the Act mainly deal with the establishment
and functioning of the National Forensic DNA Database of South Africa for the
purposes of criminal justice, it also provides for the identification of missing persons
and unidentified human remains. To be fully compliant with ethical standards and
human rights, few areas of the Act needing attention and improvement during a
further implementation process are highlighted. This study concludes with several
recommendations to promote meeting the recognised ethical standards by the local
DNA-based programme of identification of human remains.
Description
A research report submitted to the Faculty of Health Sciences, University of the
Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the degree
of Master of Science in Medicine in Bioethics and Health Law
Johannesburg, December 2016