EQUITABLE ACCESS TO HUMAN BIOLOGICAL RESOURCES IN DEVELOPING COUNTRIES BENEFIT SHARING WITHOUT UNDUE INDUCEMENT

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Equitable Access To Human Biological Resources In Developing Countries

Author : Roger Scarlin Chennells
ISBN : 9783319197258
Genre : Medical
File Size : 47.82 MB
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.
Category: Medical

Hunting Justice

Author : Maria Sapignoli
ISBN : 9781107191570
Genre : Law
File Size : 22.96 MB
Format : PDF
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Machine generated contents note: 1. Introduction; 2. Unsettling the Central Kalahari; 3. The "Bushman Problem"; 4. Getting Organized: The Social Lives of San NGOs; 5. The San in the United Nations; 6. The Court; 7. After Judgment; 8. Litigating for a way of life; 9. Conclusions
Category: Law

Indigenous Peoples Consent And Benefit Sharing

Author : Rachel Wynberg
ISBN : 9048131235
Genre : Law
File Size : 75.47 MB
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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.
Category: Law

Health And Human Rights

Author : Stephen P. Marks
ISBN : UOM:39015064765301
Genre : Medical
File Size : 45.54 MB
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This collection of texts is updated and expanded from the first edition to provide the practitioner, scholar, and advocate with access to the most basic instruments of international law and policy that express the values of human rights for advancing health. The topics covered include professional ethics; research and experimentation; treatment of prisoners and detainees; patients' rights; right to health; right to life; freedom from torture, war crimes, crimes against humanity, and genocide; the right to an adequate standard of living; women and reproductive health; children; persons with disabilities; rights of older persons; infectious diseases; business, trade, and intellectual property; occupational health and safety; biotechnology; and protection of the environment. This book will be an indispensable reference work.
Category: Medical