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Informed Consent, Body Property, and Self-Sovereignty.

Radhika Rao1

  • 1Radhika Rao, J.D., is a Professor of Law, University of California, Hastings College of the Law. The author currently serves as a member of the California Human Stem Cell Research Advisory Committee, and also served on the California Advisory Committee on Human Cloning.

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
|September 3, 2016
PubMed
Summary
This summary is machine-generated.

Informed consent for biosamples is often inadequate. Applying property law principles could empower research subjects, granting them control and benefits from their biological materials.

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Area of Science:

  • Bioethics
  • Human Research Ethics
  • Property Law

Background:

  • Informed consent in human research is frequently insufficient, particularly concerning biosamples from vulnerable populations.
  • Current legal frameworks fail to protect donors of biological materials adequately, leaving them without property rights.
  • This inadequacy can lead to exploitation and oppression, treating research subjects as objects rather than autonomous individuals.

Purpose of the Study:

  • To critically evaluate the efficacy of informed consent in human biosample research.
  • To explore the potential of property law principles to enhance the rights and protections of human research subjects.
  • To advocate for a legal framework that recognizes the autonomy and rights of individuals donating biological materials.

Main Methods:

  • Analysis of recent cases involving biosamples from indigenous tribes and newborn babies.
  • Review of existing legal doctrines concerning informed consent and property law.
  • Theoretical exploration of applying property rights to biological materials donated for research.

Main Results:

  • Informed consent often fails to provide genuine understanding or meaningful agreement from research subjects.
  • Current law denies property rights to donors of biological materials, unlike other individuals.
  • Avoiding property rights paradoxically objectifies research subjects, enabling exploitation.

Conclusions:

  • Reconsidering informed consent is crucial for ethical human research.
  • Conferring property rights on biological materials could empower research subjects.
  • Granting property rights may enable subjects to control research, share in benefits, and regain self-sovereignty.