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- DNA; DNA testing; Argentina; right to truth; right to privacy; civil war; litigation; identity; orphans; orphan (1)
- Pregnancy; drug use; substance use; fetus; fetal rights; drug use during pregnancy; privacy; reproductive liberty; abortion; war on drugs; neglect; abuse; child welfare; child protection; family court; New York; FCA 1012; harm to the child (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Brooklyn Law Review
In family courts throughout the country, civil neglect and abuse petitions are routinely brought against individuals based on their drug use during pregnancy. While some may be quick to justify such state interventions in the name of child protection based on the presumption that drug use always harms fetuses in utero and the child once it is born, this note questions the propriety of such justifications. While drug use during pregnancy may result in detrimental health outcomes, the theoretical underpinning of this premise has been dramatically distorted due to racist and classist assumptions that permeate child protective schemes. Medical research …
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Brooklyn Journal of International Law
During the Dirty War—a seven year repression by the Argentinian junta of political dissidents and alleged subversives—an estimated 500 babies were stolen from their mothers while imprisoned and given to leading military officials as "adopted" children. These children had their true identities erased and replaced with a false one covering up their true origins. This Note will explore Argentina's response to the Dirty War. Namely, it will consider the tension between the right to truth—an international right right often associated with enforced disappearances—and the right to privacy. In particular, it will consider cases in which adults resisted DNA testing to …