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The concept of sepulchral rights in Canada and the USA in the age of genomics: hints from Iceland

The concept of sepulchral rights in Canada and the USA in the age of genomics: hints from Iceland
The concept of sepulchral rights in Canada and the USA in the age of genomics: hints from Iceland
Analysis of law relating to the human body and its parts is accentuated by increasing genomic research utilizing human body tissues. (1) No doubt, the human genome project is the largest and most representative paradigm of such modern biomedical research endeavors. (2) Genomic research studies the function of individual genes in the human body and how they interact with one another and the environment. Advocates of genomics argue that it will help explain the genetic basis of diseases and shed light on therapeutic interventions. (3) To carry out genomic research, however, scientists need to obtain bodily materials, tissue samples and relevant health information from human sources. In some circumstances, samples may be obtained from deceased persons. Though genomics promises enormous health benefits, it raises significant social, ethical, and legal concerns. (4) For instance, genetic information obtained from a tissue sample may relate to intimately private matters such as race, height, susceptibility or predisposition to disease, behavioral traits, and sex. This type of information reaches beyond the sample source to family members and its illegitimate exploitation could have wide-ranging impacts entailing ostracism, discrimination in employment, and insurance. (5) Accordingly, the right to control current and future uses of a genetic material or information obtained from it has become pivotal.
0735-8938
217-284
Nwabueze, Remigius Nnamdi
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
Nwabueze, Remigius Nnamdi
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b

Nwabueze, Remigius Nnamdi (2005) The concept of sepulchral rights in Canada and the USA in the age of genomics: hints from Iceland. Rutgers Computer & Technology Law Journal, 31 (2), 217-284.

Record type: Article

Abstract

Analysis of law relating to the human body and its parts is accentuated by increasing genomic research utilizing human body tissues. (1) No doubt, the human genome project is the largest and most representative paradigm of such modern biomedical research endeavors. (2) Genomic research studies the function of individual genes in the human body and how they interact with one another and the environment. Advocates of genomics argue that it will help explain the genetic basis of diseases and shed light on therapeutic interventions. (3) To carry out genomic research, however, scientists need to obtain bodily materials, tissue samples and relevant health information from human sources. In some circumstances, samples may be obtained from deceased persons. Though genomics promises enormous health benefits, it raises significant social, ethical, and legal concerns. (4) For instance, genetic information obtained from a tissue sample may relate to intimately private matters such as race, height, susceptibility or predisposition to disease, behavioral traits, and sex. This type of information reaches beyond the sample source to family members and its illegitimate exploitation could have wide-ranging impacts entailing ostracism, discrimination in employment, and insurance. (5) Accordingly, the right to control current and future uses of a genetic material or information obtained from it has become pivotal.

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Published date: January 2005

Identifiers

Local EPrints ID: 73520
URI: http://eprints.soton.ac.uk/id/eprint/73520
ISSN: 0735-8938
PURE UUID: ea52fa81-075d-4485-897a-b45d20a15e0b
ORCID for Remigius Nnamdi Nwabueze: ORCID iD orcid.org/0000-0002-3100-6427

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Date deposited: 10 Mar 2010
Last modified: 23 Jul 2022 01:55

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