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Human Tissue ResearchA European perspective on the ethical and legal challenges$
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Christian Lenk, Nils Hoppe, Katharina Beier, and Claudia Wiesemann

Print publication date: 2011

Print ISBN-13: 9780199587551

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199587551.001.0001

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Law, ethics, and human tissue research: integration or competition?

Law, ethics, and human tissue research: integration or competition?

Chapter:
(p.79) Chapter 8 Law, ethics, and human tissue research: integration or competition?
Source:
Human Tissue Research
Author(s):

José Miola

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199587551.003.0008

This chapter considers the legislative process that led to the passing of the Human Tissue Act 2004, which regulates the removal, retention, and use of human organs and tissue in England and Wales. It considers the factors that led to the perceived need for new legislation, and outlines the way in which the 2004 Act sought to solve the problems identified in the old law. However, the chapter further argues that the 2004 Act seeks to address not just a failure in law, but also a failure in medical ethics. It therefore also identifies and analyses the regulatory framework imposed by the new Act, which is intended to complement the law and ensure good practice, which the chapter argues to a degree imposes an ethical framework on medical practitioners.

Keywords:   Human Tissue Act, human organs, human tissue, regulatory framework, medical law, medical ethics

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