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Trafficking In Human Body Parts

Trafficking in Human Body Parts

Malgorzata Darowska

Abstract
The Human Tissue Act 2004
The current law regarding the use of any tissue or organ is the Human Tissue Act 2004. This has replaced the Human Tissue Act 1961, the Anatomy Act 1984 and the Human Organ Transplants Act 1989. (Carnell)
This Act makes consent the fundamental principle underpinning the lawful storage and use of body parts, organs and tissue from the living or deceased for specified health-related purposes and public display. It lists the purposes for which consent is required. The Human Tissue Act is based upon consent in England, Wales and Northern Island. In Scotland the Human Tissue Act has a stronger emphasis on authorization than on consent. The initial Human Tissue Act (1961) has now been replaced by the (2004) Act.

Case Description
Alder Hey Scandal
Between 1988 and 1996 organs were stripped from the dead bodies of babies and children WITHOUT CONSENT.
In total 2,080 hearts, more than 800 organs from children and 400 fetuses where taken and kept at Alder Hey children's hospital.
In one case thymus glands were given to a pharmaceutical company for research purposes and in return a cash reward was received.
One of the most disturbing discoveries from this case was the fact that during the 1960's the severed head of an 11 year old boy was taken and stored in a glass jar.

This case involves many ethical issues:
 The organs were taken without the CONSENT of the families involved
 There was a lack of respect for the bodies of the dead children and the families involved
 Parents had to go through multiple burials when the organs and tissues from their children were returned, once again putting them through the emotional stress and pain that they had been trying to get over.

Alistair Cooke Case
In March 2004, Cooke 95 died of lung cancer. In December 2005, Cooke's family learned that his body had been surgically plundered and the pieces sold to different bidders....