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Localization, Identification, and Excision of Murine Adipose Depots
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Body ownership and research.

Rebekah E McWhirter1, Dianne Nicol2, Don Chalmers2

  • 1Menzies Research Institute Tasmania and Menzies School of Health Research. Rebekah.McWhirter@utas.edu.au

Journal of Law and Medicine
|March 7, 2014
PubMed
Summary

Recognizing property rights in human tissue may not be necessary for donor protection. Participatory governance models ensure donor interests are respected through transparency and community involvement in research.

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Area of Science:

  • Bioethics
  • Genetics Research
  • Indigenous Health

Background:

  • Current research practices emphasize legal and ethical obligations, including informed consent and transparency.
  • Lawsuits concerning human tissue research highlight the critical importance of donor informed consent.
  • Engaging indigenous peoples in research necessitates both individual and community informed consent.

Purpose of the Study:

  • To explore whether property rights in human tissue enhance donor interest protection in research.
  • To examine alternative models for safeguarding donor interests in tissue research.

Main Methods:

  • Analysis of legal and ethical frameworks for human tissue research.
  • Review of case law related to human tissue research and donor rights.
  • Examination of participatory governance as a model for community-engaged genetic research.

Main Results:

  • Informed consent is paramount for protecting donor interests in human tissue research.
  • Participatory governance models foster respect for autonomy and representation of interests for research participants, particularly indigenous communities.
  • The focus on ownership of samples becomes secondary when control is managed through established governance mechanisms.

Conclusions:

  • Property rights in human tissue may not be the most effective mechanism for protecting donor interests.
  • Participatory governance offers a robust framework for ethical and transparent research involving human tissue, especially with indigenous populations.
  • Alternative control mechanisms within participatory governance can render ownership questions irrelevant.