Research with Human Biological Samples: Systematization of the Phases and Affected Rights

In Erick Valdés & Juan Alberto Lecaros (eds.), Handbook of Bioethical Decisions. Volume I: Decisions at the Bench. Springer Verlag. pp. 279-294 (2023)
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Abstract

The legal nature of human biological samples is complex, which implies that their collection, storage, use and transfer for research purposes affect different rights of the subjects. In particular, this study will address the implications for the right to physical integrity, the right of disposal of body parts and the right to the protection of personal data. On the other hand, the concurrence of other interests and rights justifies the design of governance systems that also guarantee the availability of samples to facilitate research, as well as scientific collaboration. Many countries have adopted specific regulations on the use of biological samples for research purposes, but there are no binding international regulations on the subject. However, certain commonly accepted principles can be identified in this area.

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