Maddox, Neil (2016) Property, Control and Separated Human Biomaterials. European Journal of Health Law, 23. pp. 1-22. ISSN 0929-0273

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Abstract

This article examines the relationship between the existence of control rights and property in separated human biomaterials. Much of the theory as to what constitutes property is examined and it is contended that Article 22 of the Convention on Human Rights and Biomedicine does not presuppose property in such materials. An analysis is undertaken of the case-law relating to control and property in sperm and embryos from the UK, Australia and the US and the shortcomings of utilising the property paradigm in these disputes are highlighted.

Item Type:	Article
Keywords:	property; sperm and embryos; human tissue; Convention on Biomedicine;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11813
Identification Number:	https://doi.org/10.1163/15718093-12341411
Depositing User:	Dr. Neil Maddox
Date Deposited:	21 Nov 2019 18:01
Journal or Publication Title:	European Journal of Health Law
Publisher:	Brill Academic Publishers
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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