when the child’s purported father is involved in
terrorist
activities.
States
must
ensure
procedural safeguards that ensure every child’s
birth registration, possibly without requiring the
father’s information or marriage status.
Conferral of nationality to children should always
take place without stigmatization or discrimination on any grounds.
2.1.5 Human Rights Considerations Relating
to the Practice of Performing DNA Testing on
Children to Confirm Nationality
99.
Some countries use DNA testing to
determine
parentage,
and
thereby
eligibility for nationality of children born to
individuals suspected of being foreign fighters.
DNA testing should be used only to establish
eligibility for nationality on an exceptional
basis, because of the invasiveness of the measure.
Logistical challenges, including access to DNA
testing in areas affected by conflict, are likely to
make it difficult for many children to be reunited
with their families or to be repatriated to their
country of nationality if DNA testing is required.
States utilizing this measure should perform a
careful analysis of each child’s respective
situation, ensuring that all necessary information
regarding their personal circumstances and background is solicited. In addition, given that the
long-term implications of using biometric data
on the enjoyment of various human rights are
not fully understood, the use of such a method
should be limited and should not be undertaken
in a way that undermines the best interests of the
child or a group of children.
The right to family life
100. The Convention on the Rights of the Child
describes the family as “the fundamental group
of society and the natural environment for the
46.
growth and well-being of all its members and
particularly children.”184 The use of DNA testing
to confirm a child’s link to his or her possible
country of nationality may pose a risk to the child’s
right to association with his or her family. DNA
testing will not confirm a genetic link if a child was
adopted or in situations in which the individual
thought to be the child’s father was not in fact the
biological father.185 A narrow definition of family
(i.e., direct DNA linkage) may not always serve to
best identify those in the position to care for and
nurture the child.186 Indeed, “the concept of family
may differ in some respects from State to State,
and even from region to region within a State,
and that it is therefore not possible to give the
concept a standard definition.”187 The focus on
biological families per se may also lead to
separation of a child from the primary
caregiver where the child is raised by
non-biological parents. Instead, States are
encouraged to consider a child’s “family” as not
only their direct relatives (biological parents,
brothers, sisters, uncles, aunts, etc.), but also less
closely related relatives and individuals with a
shared life or emotional ties even without a DNA
184 Convention on the Rights of the Child (1989), preamble.
185 J. Taitz, J. E. M. Weekers and D. T. Mosca, “The Last Resort: Exploring the Use of DNA Testing for Family Reunification”, Health and Human Rights, vol. 6, no. 1 (2002), available
at www.jstor.org/stable/4065312, 20-32.
186 See Human Rights Committee, general comment No. 16
(1988) on article 17 (The right to respect of privacy, family,
home and correspondence, and protection of honour and
reputation), para. 5, noting that the term “family” should be
given a broad interpretation to include those understood as
family in the society of the State concerned; see also Committee on the Rights of the Child, concluding observations:
Nepal (2005) (CRC/C/15/Add.261), paras. 51 and 52, noting that
adequate alternative care for a child includes placement with
their extended family; UNICEF, Implementation Handbook for
the Convention on the Rights of the Child (2007), 124.
187 Human Rights Committee, general comment No. 19
(1990) on protection of the family, the right to marriage and
equality of the spouses (article 23), para. 2.