Get Persons, Parts and Property: How Should we Regulate Human PDF

By Imogen Goold, Kate Greasley, Jonathan Herring, Loane Skene

ISBN-10: 1849465460

ISBN-13: 9781849465465

The contributions during this quantity characterize a close exploration of the salient felony and theoretical puzzles coming up out of the body-as-property query, and a collation of the extensive spectrum of analyses on provide.

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Extra resources for Persons, Parts and Property: How Should we Regulate Human Tissue in the 21st Century?

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Had the laws and guidelines now established been in force in the 1950s, Henrietta Lacks would have given her informed consent (or the sample would not have been taken); she would have been informed about the potential for commercialisation if her cells were able to be kept alive; and her identity – and that of her family – would have remained confidential. 56 Although current laws and guidelines do not explicitly address this situation, had the researchers involved engaged best practice and involved Lacks’ family members in some form of participatory governance process,57 the subsequent furore may well have been avoided.

It is when these demands conflict that some explanation of the divergence can be seen. A strong commitment to individual autonomy in this context can lead to a desire for legal controls that ensure individual, rather than community needs, determine when access to biomaterials can be obtained. It is on this basis that some, such as Herring, resist a property approach on the ground that it may (depending on the incarnation) place individual control over tissue above other demands. It is concerns of this kind that lead some, such as Dickenson, to argue for conceptualising biomaterials as a community resource in some contexts.

DNA sequence information from a HeLa cell line was made publicly available by the highly regarded European Molecular Biology Laboratory and the equally highly respected science journal Nature prepared to publish a paper by a different research group that included more detailed sequence information. It was argued by the family that this represented a breach of their privacy as a result of the detailed genetic information being made public. 17 The lack of consideration of these concerns was surprising given that issues around making detailed genetic information from individuals publicly available had come to the fore several years earlier with the advent of genome wide association studies, and had largely been dealt with through the generation of data access agreements and restricted access portals.

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Persons, Parts and Property: How Should we Regulate Human Tissue in the 21st Century? by Imogen Goold, Kate Greasley, Jonathan Herring, Loane Skene

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