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Body Fragmentation: Native American Community Members’ Views on Specimen Disposition in Biomedical/Genetics Research

Puneet Chawla Sahota

AJOB Empirical Bioethics 5 (3):19-30 (2014)

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Cultural Challenges to Biotechnology: Native American Genetic Resources and the Concept of Cultural Harm.Rebecca Tsosie - 2007 - Journal of Law, Medicine and Ethics 35 (3):396-411.details This article examines the intercultural context of issues related to genetic research on Native peoples. In particular, the article probes the disconnect between Western and indigenous concepts of property, ownership, and privacy, and examines the harms to Native peoples that may arise from unauthorized uses of blood and tissue samples or the information derived from such samples. The article concludes that existing legal and ethical frameworks are inadequate to address Native peoples' rights to their genetic resources and suggests an intercultural (...) Download Export citation Bookmark 18 citations
Cultural Challenges to Biotechnology: Native American Genetic Resources and the Concept of Cultural Harm.Rebecca Tsosie - 2007 - Journal of Law, Medicine and Ethics 35 (3):396-411.details Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) Download Export citation Bookmark 16 citations
Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?Radhika Rao - 2007 - Journal of Law, Medicine and Ethics 35 (3):371-382.details This article compares three frameworks for legal regulation of the human body. Property law systematically favors those who use the body to create commercial products. Yet contract and privacy rights cannot compete with the property paradigm, which alone affords a complete bundle of rights enforceable against the whole world. In the face of researchers' property rights, the theoretical freedom to contract and the meager interest in privacy leave those who supply body parts vulnerable to exploitation. Download Export citation Bookmark 10 citations
Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?Radhika Rao - 2007 - Journal of Law, Medicine and Ethics 35 (3):371-382.details The legal status of the human body is hotly contested, yet the law of the body remains in a state of confusion and chaos. Sometimes the body is treated as an object of property, sometimes it is dealt with under the rubric of contract, and sometimes it is not conceived as property at all, but rather as the subject of privacy rights. Which body of law should become the law of the body? This question is even more pressing in the (...) Download Export citation Bookmark 10 citations
The Alienation of Body Tissue and the Biopolitics of Immortalized Cell Lines.Margaret Lock - 2001 - Body and Society 7 (2-3):63-91.details The alienation of body parts and their transformation into commodities raises questions about ownership, property rights, and about possible violation of the moral order. This article focuses on the `social life' of objects, including body parts, and the multiple meanings attached to them that are made visible in systems of exchange. The transformation of DNA obtained in blood samples into immortalized cell lines for use in the Human Genome Diversity Project is introduced as an illustration of contested commodification. The meanings (...) Download Export citation Bookmark 21 citations

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