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    Property, Control and Separated Human Biomaterials


    Maddox, Neil (2017) Property, Control and Separated Human Biomaterials. European Journal of Health Law, 24 (1). pp. 24-45. 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: 18121
    Identification Number: https://doi.org/10.1163/15718093-12341411
    Depositing User: Dr. Neil Maddox
    Date Deposited: 06 Feb 2024 15:31
    Journal or Publication Title: European Journal of Health Law
    Publisher: Brill Academic Publishers
    Refereed: Yes
    URI:
    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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