Propety: Who owns your body? Flashcards
Who owns your body when you are alive?
We have limited property rights - we can donate but not sell. Ethical issues arise around ownership like when it comes to surrogacy and selling of organs.
Who owns your body when you are dead?
There is no property in a corpse.
Alder Hey Organ Scandal
Late 1990s: organ retention between 1988 – 1996
In 2001: Royal Liverpool Children’s Inquiry report
1000s of organs
Parents had consented to a post-mortem, but not to retention
systematically ordered the unethical and illegal stripping of every organ from every child who had a post mortem
What legislation was written due to the Alder Hey Organ Scandal?
The health secretary, Alan Milburn, has announced changes in the law governing consent. The 1961 Human Tissue Act, which regulates organ retention, will be amended to make it illegal for staff to ignore informed consent. A new consent form will be introduced throughout the NHS, and a code of practice will be issued on the use of organs by pharmaceutical companies.
John Moore Case
- had hairy spleen leukaemia
- spleen was removed
- the surgeon had patented a cell line derived from Moores T cells and products and was making money in collaboration with a Pharma company
- when John Moore found out, he took them to court saying he didn’t give informed consent
- concluded that there was no property interest and that when the spleen was removed it was no longe his property
Hagahai and T-Cell Case
Hagahai people in Papua New Guinea
US researchers collected samples for research
Created a T-cell line – applied for a patent
What were the ethical concerns raised in the Hagahai and T-Cell Case?
Biopiracy; the need for informed consent and discussion of benefit sharing.
Canavan Gene Patent Controversy
Property rights are not retained in body tissue and genetic matter if they were donated voluntarily to research
Informed Consent
Permission granted in full knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with knowledge of the possible risks and benefits.
Tissue Act (Scotland) 2006
Requires authorisation for use of organs, tissues & samples from the deceased.
Aimed to restore trust in medical research.
Human Tissue Act 2004 (England, Wales and Northern Ireland)
An Act to make provision with respect to activities involving human tissue; to make provision about the transfer of human remains from certain museum collections; and for connected purposes.
Current Legislation for Organ Donation in UK?
Opt out rule.
Henrietta Lacks
1951: cells from Henrietta’s cervix are cultured in vitro, and become the first immortal human cell line HeLa
she then died from cervical cancer but her and her family didn’t know, lots of money was made but her family struggled to access the healthcare they needed
