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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: | 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 |
| Related URLs: | |
| URI: | https://mural.maynoothuniversity.ie/id/eprint/18121 |
| 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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