The Position of Modern Biotechnology in Proving the Violation of the Living Right as a Right to Determine the Destiny

Mohammadi, Adel; Asgarkhani, Abomohammad; Mirabbasi, Seyed Bagher

doi:10.30491/jabr.2020.107559

The Position of Modern Biotechnology in Proving the Violation of the Living Right as a Right to Determine the Destiny

Document Type : Mini Review

Authors

Adel Mohammadi ¹

Abomohammad Asgarkhani ²

Seyed Bagher Mirabbasi ²

¹ Qeshm Branch, Islamic Azad University, Qeshm, Iran

² Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.30491/jabr.2020.107559

Abstract

The role of different sciences in the development of each other is quite clear and undeniable. Today, the application of scientific and laboratory facilities for discovering the truth and collecting evidence has increasingly extended and almost dominated the old methods. Hence, the era of probative evidence has been introduced as the age of scientific and legal evidence convergence. Meanwhile, applying the evidence provided through biotechnological methods has become commonplace among judges for achieving the certainty and getting persuaded. On the other hand, the right to life is on the top of the list of fundamental rights inherited to the human beings which accurse the action of physically removing any person or a group of persons for any specific and non-specific reason. Self-determination is another basic human right which knows people possessing the fundamental right to determine their own destiny by birth. In a legal biological system, scientific experiments providing physical, chemical, and mechanical evidence from laboratory and biological examinations will be taken as the basis of criminal evidence, known as forensic biotechnology. In the present paper, the role of forensic biotechnology in establishing the above-mentioned human rights is summarized.

Keywords

Forensic Biotechnology

Medical Evidence

Self-determination

DNA