Problems of the Property Rights of the Human Body and its Parts in Australia’s Judicial Practice. Selected Issues
Abstract
The issues raised in the study concern extremely important and at the same time very delicate, the subject of which is the human body and its organs in the context of the human right to property. Undoubtedly, the interdisciplinary nature of the subject matter makes it extremely interesting and worth analyzing in depth.
Jurisprudence regarding the right to property of the human body and its part, in the common law and Australian jurisdiction, is not uniform, which additionally makes it difficult to give an unambiguous answer to the question whether a person is free to decide on the purpose of his body or its part during life or in case of death. Therefore, this study will be an attempt to answer the above question, with the proviso that due to the size of the issue is not a comprehensive study.
References
Edelman James: Property rights to our bodies and their products, “The University of Western Australia Law Review” 39 (2015), nr 2, s. 47-70.
Ho Alison: Taking body parts to the cashier: Are the courts too slow to register?, “The University of Western Australia Law Review” 40 (2015), nr 1, s. 387-398.
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