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p. 11410. Organ donation and the ownership of body partslocked

  • Charles Foster

Abstract

‘Organ donation and the ownership of body parts’ shows that in many countries, body parts and the products of bodies are regarded as property if that gives the ‘right answer’. The trading of body parts, commodification, and the Council of Europe's Convention on Human Rights and Biomedicine (1997), which prohibits commercial dealings in human body parts, are considered. The debate on organ donation is then outlined, including living donors, opt in and opt out donation, and the issue of autonomy. Finally, intellectual property rights and the patentability of human material are addressed and it is argued that the law of confidentiality, not of property, should be used when considering the human body.

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