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Standard Precaution01:26

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Property, Control and Separated Human Biomaterials.

Neil Maddox

    European Journal of Health Law
    |December 7, 2017
    PubMed
    Summary

    This study explores property rights in human biomaterials, finding that legal control doesn't automatically equate to ownership. Case law analysis reveals limitations of the property model for disputes involving sperm and embryos.

    Area of Science:

    • Biomedical Law
    • Human Tissue Property Rights
    • Bioethics

    Background:

    • Disputes over ownership and control of human biomaterials are complex.
    • Existing legal frameworks struggle to define property rights in biological materials.
    • The Convention on Human Rights and Biomedicine (Article 22) offers a specific perspective.

    Purpose of the Study:

    • To analyze the relationship between control rights and property in separated human biomaterials.
    • To examine the theoretical underpinnings of property in this context.
    • To evaluate the applicability of the property paradigm in legal disputes.

    Main Methods:

    • Review of legal theory on property.
    • Analysis of Article 22 of the Convention on Human Rights and Biomedicine.

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  • Examination of case law from the UK, Australia, and the US concerning sperm and embryos.

    • Main Results:

    • The existence of control rights over human biomaterials does not inherently establish property rights.
    • Article 22 of the Convention on Human Rights and Biomedicine does not presume property in human biomaterials.
    • Case law analysis highlights the inadequacy of the property paradigm in resolving disputes over biomaterials.

    Conclusions:

    • The property paradigm presents significant shortcomings when applied to disputes concerning human biomaterials.
    • Legal control and property are distinct concepts in the context of human biomaterials.
    • Alternative legal or ethical frameworks may be better suited for addressing issues of human biomaterial ownership and control.