Human Body as Property - Legal Dimensions

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Description
Scientific advancements in the past few decades such as the development of human organ transplantation, creation of human embryos outside the body using artificial reproductive techniques, preservation of human embryos and gametes, progress in biomedical research using human materials leading to the creation of cell lines, research in regenerative medicine and so on have brought to the forefront various uses of the human body and bodily materials. The huge demand for the human body and bodily materials has turned them into a commercially exploitable property, resulting in unlawful means of procurement. Legislations pertaining to the transactions in the human body and bodily materials in most jurisdictions aim to prevent their commercial dealings. Nevertheless, an international black market has grown to meet the demand for the human body and bodily materials. There is a need for stringent laws to tackle issues involving the procurement, retention and use of the human body and bodily materials. Analysis of judicial decisions from various jurisdictions reveals that in certain situations, the courts have recognized ‘property’ interests in the human body and bodily materials. Human Body as Property analyses these property interests.
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Contents
Chapter 1  : Law in Relation to the Human Body
Chapter 2  : Changing Dimensions of the Legal Concept of Property
Chapter 3  : Property Interests in Relation to the Human Body
Chapter 4  : Special Statues of Human Gametes
Chapter 5  : Property Interest in Human Embryos
Chapter 6  : The Human Body Body and Bodily Materials Materials in the Market Framework
Chapter 7 : Autonomy, Consent and the Right Over One's Own
Chapter 8 : Legal Framework for Regulating Commodification of the Human Body : A Comparative Analysis
Chapter 9 : Conclusion
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Author Details
DR. VEENA ROSHAN JOSE, is Assistant Professor of Human Rights Law at the Dharmashastra National Law University, Jabalpur Madhya Pradesh, and Director of the university's Center  for Law and Biomedicine. She was awarded Doctor of Philosophy in Mo aw by the National University of Advanced Legal Studies, Kochi. She Completed her Master's in Law from the School of Legal Studies, Cochin University of Science & Technology, Kochi, specialising in Human Law and Environmental Law. Veena is associated with the Department of Health and Family Welfare, Government of Kerala, in drafting policy documents. She is a much sought-after resource person for conferences and workshops especially on issues related to human rights and medical law.