Is my body my property? An examination of Property Rights Issues in human tissue and Biobanking Research

Abstract

The application of property law to subject matter such as excised tissue has been the subject of debate. Opinions of scholars are divided on this. Some are in in favour of property rights over and above the narrower scope of rights such as that which in personam rights through the law of torts and contract have to offer. Much of the concerns and arguments of those against property rights in tissue are because of the harms of commodification that may arise from giving full rights of ownership to tissue. This paper examines and analyses the arguments for and against recognising property rights in tissue and
argues for the recognition of property rights over excised tissue, that the recognition of such rights is the more appropriate category for ensuring that rights of control of the tissue source in biobanking research are protected, and that the recognition of property in tissue does not necessarily entail the right to alienate a human being. The paper examines the meaning of property and finds that tissue has akin characteristics to property as judicially defined and can thus be legally recognised as property in law. The paper situates this analysis within the interstices of Biobanking research in Nigeria. The paper concludes by advocating for recognition of quasi property rights in tissue to protect the autonomy, privacy and right to make decisions of the tissue
source.