This work deals with issues that arise from some of the provisions of the Italian Law 85/2009, particularly regarding children inclusion in the Italian national Forensic DNA database, that can be considered as an example of legislation which is not “proportionate” to the legitimate aim to protect minors in a context of society’s security through the use of such database. The interesting debate on the juveniles involvement in the forensic database regards the balance between individual rights and the interests of justice, considering that in Italy the interests of justice seems to overcome the minors’ individual rights.
Minors Inclusion in the Italian Forensic DNA Database: Which Safeguard between Justice and Individual Rights?
TOZZO, PAMELA;CAENAZZO, LUCIANA
2013
Abstract
This work deals with issues that arise from some of the provisions of the Italian Law 85/2009, particularly regarding children inclusion in the Italian national Forensic DNA database, that can be considered as an example of legislation which is not “proportionate” to the legitimate aim to protect minors in a context of society’s security through the use of such database. The interesting debate on the juveniles involvement in the forensic database regards the balance between individual rights and the interests of justice, considering that in Italy the interests of justice seems to overcome the minors’ individual rights.
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