Genetic Profiling: Legal Studies
Genetic Profiling
Genetic profiling is a contemporary issue relating to the individual and technology which restricts access to unbiased decisions and privacy. Genetic profiling interferes with the individuals bodily, genetic and behavioural privacy, as it can be used for the benefit of identifying bodies to using the results of a DNA test to choose whether to employ one individual over another, due to future concerns. It can easily be argued that genetic profiling is in the need of law reform as a result of legal implications and the lack of individual’s rights.
Bodily privacy is a significant issue in Genetic Profiling, as it is a human right which is in constant need of law reform. Technology is continually advancing, and genetic profiling is becoming more available to everyone, especially law enforcement agencies, such as police, meaning that there needs to be laws to protect the rights of individuals. In the case G v. H (1994) 181 CLR 387, it was decided that a man who was thought to be the father of a child, but refused to have a DNA test to be definite was ruled as the father. This ruling goes against the “right to remain silent”, and the “presumption of innocence until proven guilty” which are fundamental principles of Australia’s justice system, mentioned in the common law system of criminal justice, international human rights law, and civil law. Law reform is needed in this case, to extinguish the injustice, as genetic profiling has been a breach of individuals’ bodily privacy, not allowing the freedom of choice, but instead being ruled against, as shown in the case, which resulted in decisions against the individual being made due to the refusal of genetic profiling. Law reform may take action, and is able to create new legislation to go into depth over specific issues in the law, such as whether the refusal of a DNA test should prove a person guilty, or whether the individual should not have the right to presumption of innocence until proven guilty
Genetic profiling is a contemporary issue relating to the individual and technology which restricts access to unbiased decisions and privacy. Genetic profiling interferes with the individuals bodily, genetic and behavioural privacy, as it can be used for the benefit of identifying bodies to using the results of a DNA test to choose whether to employ one individual over another, due to future concerns. It can easily be argued that genetic profiling is in the need of law reform as a result of legal implications and the lack of individual’s rights.
Bodily privacy is a significant issue in Genetic Profiling, as it is a human right which is in constant need of law reform. Technology is continually advancing, and genetic profiling is becoming more available to everyone, especially law enforcement agencies, such as police, meaning that there needs to be laws to protect the rights of individuals. In the case G v. H (1994) 181 CLR 387, it was decided that a man who was thought to be the father of a child, but refused to have a DNA test to be definite was ruled as the father. This ruling goes against the “right to remain silent”, and the “presumption of innocence until proven guilty” which are fundamental principles of Australia’s justice system, mentioned in the common law system of criminal justice, international human rights law, and civil law. Law reform is needed in this case, to extinguish the injustice, as genetic profiling has been a breach of individuals’ bodily privacy, not allowing the freedom of choice, but instead being ruled against, as shown in the case, which resulted in decisions against the individual being made due to the refusal of genetic profiling. Law reform may take action, and is able to create new legislation to go into depth over specific issues in the law, such as whether the refusal of a DNA test should prove a person guilty, or whether the individual should not have the right to presumption of innocence until proven guilty