a law of blood ties the right to access genetic ancestry

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A Law Of Blood Ties The Right To Access Genetic Ancestry

Author : Alice Diver
ISBN : 9783319010717
Genre : Law
File Size : 83. 60 MB
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This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.

Justiciability Of Human Rights Law In Domestic Jurisdictions

Author : Alice Diver
ISBN : 9783319240169
Genre : Law
File Size : 36. 51 MB
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This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Legal Aspects Of Child Health Care

Author : Judith Hendrick
ISBN : 0412583208
Genre : Law
File Size : 66. 83 MB
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Considering issues in modern health law, this volume is divided into three parts, the first outlines the legal system and court structure; the second looks at issues of professional practice such as malpractice law, professional accountability, consent and confidentiality; the third focuses on specialist areas, including liability for pre-birth events, assisted reproduction, mental health, treatment of the dying child, research and child protection.

Native American Dna

Author : Kimberly TallBear
ISBN : 0816665869
Genre : Science
File Size : 84. 2 MB
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Because today's DNA testing seems so compelling and powerful, increasing numbers of Native Americans have begun to believe their own metaphors: “in our blood” is giving way to “in our DNA.” In Native American DNA, Kim TallBear shows how Native American claims to land, resources, and sovereignty that have taken generations to ratify may be seriously—and permanently—undermined.

Law And Religious Cultural Heritage In Europe

Author : Theodosios Tsivolas
ISBN : 9783319079325
Genre : Law
File Size : 56. 76 MB
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This book examines in detail both historical and current legal concepts of ‘religious cultural heritage’ within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States’ active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of ‘sacredness’ expressed in the form of its ‘religious character,’ the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs.

Varieties Of European Economic Law And Regulation

Author : Kai Purnhagen
ISBN : 9783319049038
Genre : Law
File Size : 76. 95 MB
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This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

The Social Life Of Dna

Author : Alondra Nelson
ISBN : 9780807033029
Genre : Social Science
File Size : 75. 45 MB
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The unexpected story of how genetic testing is affecting race in America We know DNA is a master key that unlocks medical and forensic secrets, but its genealogical life is both revelatory and endlessly fascinating. Tracing genealogy is now the second-most popular hobby amongst Americans, as well as the second-most visited online category. This billion-dollar industry has spawned popular television shows, websites, and Internet communities, and a booming heritage tourism circuit. The tsunami of interest in genetic ancestry tracing from the African American community has been especially overwhelming. In The Social Life of DNA, Alondra Nelson takes us on an unprecedented journey into how the double helix has wound its way into the heart of the most urgent contemporary social issues around race. For over a decade, Nelson has deeply studied this phenomenon. Artfully weaving together keenly observed interactions with root-seekers alongside illuminating historical details and revealing personal narrative, she shows that genetic genealogy is a new tool for addressing old and enduring issues. In The Social Life of DNA, she explains how these cutting-edge DNA-based techniques are being used in myriad ways, including grappling with the unfinished business of slavery: to foster reconciliation, to establish ties with African ancestral homelands, to rethink and sometimes alter citizenship, and to make legal claims for slavery reparations specifically based on ancestry. Nelson incisively shows that DNA is a portal to the past that yields insight for the present and future, shining a light on social traumas and historical injustices that still resonate today. Science can be a crucial ally to activism to spur social change and transform twenty-first-century racial politics. But Nelson warns her readers to be discerning: for the social repair we seek can’t be found in even the most sophisticated science. Engrossing and highly original, The Social Life of DNA is a must-read for anyone interested in race, science, history and how our reckoning with the past may help us to chart a more just course for tomorrow. From the Hardcover edition.

Third Party Assisted Conception Across Cultures

Author : Eric Blyth
ISBN : 1843100851
Genre : Health & Fitness
File Size : 89. 47 MB
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First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Revisiting Race In A Genomic Age

Author : Barbara A. Koenig
ISBN : 9780813543246
Genre : Science
File Size : 67. 97 MB
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Revisting Race in the Genomic Age takes a cutting-edge look at emerging genetic technologies and their impact on current conceptions of race and human identity. Essays will explore genomic science as an important anthropological and sociological case in the development of race theory as well as examine the social, ethical, and legal implications of emerging genomic technologies. Philosophers join anthropologists and scientists working in human genetic variation research to make this a truly interdisciplinary work. Following the introduction, essays in section one will present the conceptual frameworks on race as related to human genetic variation research. The heart of the book is made of up three sections focusing on three significant themes in this emerging cross-disciplinary engagement. Sections are "Race-targeted Research and Therapeutics," "Genetic Ancestry, Identity, and Group Membership," and "Race and Genetics in Public Discourse."

The Evaluation Of Forensic Dna Evidence

Author : Committee on DNA Forensic Science: An Update
ISBN : 9780309121941
Genre : Science
File Size : 21. 97 MB
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In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic tool--modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticists--and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.

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