DNA Testing for Family Reunification in Europe: An Exceptional Resource?

In Europe, several countries are adopting more stringent immigration policies to restrict the number of immigrants crossing their borders. This has affected immigration for the purpose of work and especially of family reunification, where strict subjective and material conditions control its exercis...

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Autor principal: Encarnación LA SPINA
Formato: Artículo científico
Publicado: El Colegio de la Frontera Norte, A.C. 2012
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Acceso en línea:http://www.redalyc.org/articulo.oa?id=15123085002
http://biblioteca.clacso.edu.ar/gsdl/cgi-bin/library.cgi?a=d&c=mx/mx-016&d=15123085002oai
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Sumario:In Europe, several countries are adopting more stringent immigration policies to restrict the number of immigrants crossing their borders. This has affected immigration for the purpose of work and especially of family reunification, where strict subjective and material conditions control its exercise. One of these involves testing the existence of kinship ties. Exceptionally, in cases of doubt or insuffi cient evidence, dna testing is allowed. This article offers a critical analysis of the widespread use of genetic testing in family reunifi cation procedures in European countries, especially Spain. On the one hand, its practice has been regulated in the European Aliens Act and on the other hand, particularly in the Spanish case, its possible incompatibility with the protection and guarantees of fundamental rights demanded at international and national levels is highlighted.