DNA fingerprinting and the right to inviolability of the body and bodily integrity in the Netherlands: convincing evidence and proliferating body parts

Genomics, Society and Policy 2 (3):64-74 (2006)
  Copy   BIBTEX


The paper uses insights from the so-called rape in disguise case study to describe forensic DNA practices in the Netherlands in late 1980s. It describes how “reliabilities” of forensic DNA practices were achieved. One such reliability – convincing evidence – proliferates body parts through time and space. Then, attention shifts to the individual who was suspected of having committed the rape. He was asked to deliver tissue for DNA typing, but refused to do so. Hence DNA typing could not be used to connect the suspect to a cervical smear collected from the body of the victim. His refusal and the legal impossibility to use force to obtain his biological material led first to questions in the Dutch parliament and then to the Dutch forensic DNA law. Other legal measures enacted after this are also described. I argue that, by means of the various Dutch forensic DNA laws and new forensic genetic techniques, the application of forensic DNA practices have shifted from identification and evidence to a tool for criminal investigation and prevention of future crimes. In the final part of the paper, the right to inviolability of the body and its synonym bodily integrity are emphasised. I argue that despite the various forensic DNA laws, bodily integrity of obtained tissue for DNA typing is still at stake as the result of convincing evidence



    Upload a copy of this work     Papers currently archived: 76,400

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Perversion and forensic science: fraudulent testimonies.Renata Salecl - 2011 - Social Research: An International Quarterly 78 (3):887-906.
All That Glitters Isn't Gold.Osagie K. Obasogie & Troy Duster - 2011 - Hastings Center Report 41 (5):15-18.
Legal rights in human bodies, body parts and tissue.Loane Skene - 2007 - Journal of Bioethical Inquiry 4 (2):129-133.
Forensic expertise and judicial practice: evidence or proof?Aleksandar Apostolov - 2012 - Journal of Evaluation in Clinical Practice 18 (6):1147-1150.
Science, truth, and forensic cultures: The exceptional legal status of DNA evidence.Michael Lynch - 2013 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):60-70.
Body Integrity Identity Disorder and the Ethics of Mutilation.Robert Song - 2013 - Studies in Christian Ethics 26 (4):487-503.
The objects of bodily awareness.John Schwenkler - 2013 - Philosophical Studies 162 (2):465-472.


Added to PP

2 (#1,402,744)

6 months
1 (#452,962)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Forensic culture as epistemic culture: The sociology of forensic science.Simon A. Cole - 2013 - Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):36-46.

Add more citations

References found in this work

Add more references