The research seeks to examine certain aspects of the topic outlined above, which, in the author’s opinion, gives rise to sensitive problems in balancing constitutional principles that are all equally deserving of protection. An important problem relates to the necessity, or lack thereof, to obtain the consent of the relatives of the deceased prior to conducting the DNA test in question. In particular, it is necessary to understand how to reconcile the right to personal identity, enjoyed by the claimant children, with the right of the deceased’s relatives (not necessarily his heirs) to respect and inviolability of their departed kinsman. In this respect, it is clear that the possible acknowledgment of the primacy of the right to personal identity (within which the European Court of Human Rights has encompassed the right to know one’s personal history) and the “decisive value” placed upon the relevant scientific evidence would make it almost unavoidable to resort to genetic tests for paternity authentication.

Genetic Testing and Authentication of Paternity after Death of the Putative Father: the Bio-history and Its "Costs"

D'AMICO, Giacomo
2012-01-01

Abstract

The research seeks to examine certain aspects of the topic outlined above, which, in the author’s opinion, gives rise to sensitive problems in balancing constitutional principles that are all equally deserving of protection. An important problem relates to the necessity, or lack thereof, to obtain the consent of the relatives of the deceased prior to conducting the DNA test in question. In particular, it is necessary to understand how to reconcile the right to personal identity, enjoyed by the claimant children, with the right of the deceased’s relatives (not necessarily his heirs) to respect and inviolability of their departed kinsman. In this respect, it is clear that the possible acknowledgment of the primacy of the right to personal identity (within which the European Court of Human Rights has encompassed the right to know one’s personal history) and the “decisive value” placed upon the relevant scientific evidence would make it almost unavoidable to resort to genetic tests for paternity authentication.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/2186026
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