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Report No. 271

Chapter -V

Laws in other Countries

5.1 Most of the nations have enacted laws dealing with DNA profiling within the framework of their constitutional and other legal principles, particularly for dealing with the criminal cases. A mechanism has also been developed to identify the disaster victims through DNA profiling.

A. Argentina

5.2 The National Criminal Procedure Code was amended in 2009 to provide for uniform approach to DNA testing in cases of illegal adoption and falsification of identity under Article 218, empowering Judges to order compulsory DNA testing in certain circumstances. They have established a National Bank of Genetic Data and DNA. The Argentine DNA Law does not leave any option respecting the right wherein any one refuses to DNA testing and prevents the individual from exercising the right to privacy at all. Thus, in the existing legal regime, it is well within the legislative competence of Argentina to legislate in a way that favoured one right-truth-over another right-privacy.70



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