Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine. Oviedo, 4.IV.1997. European Treaty Series – No. 164

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168007cf98

Article 21 – Prohibition of financial gain.

The human body and its parts shall not, as such, give rise to financial gain.

https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016800ccde5

On article 21: It states in particular that the human body and its parts must not, as such, give rise to financial gain. Under this provision organs and tissues proper, including blood, should not be bought or sold or give rise to financial gain for the person from whom they have been removed or for a third party, whether an individual or a corporate entity such as, for example, a hospital. However, technical acts (sampling, testing, pasteurisation, fractionation, purification, storage, culture, transport, etc.) which are performed on the basis of these items may legitimately give rise to reasonable remuneration. For instance, this Article does not prohibit the sale of a medical device incorporating human tissue which has been subjected to a manufacturing process as long as the tissue is not sold as such. Further, this Article does not prevent a person from whom an organ or tissue has been taken from receiving compensation which, while not constituting remuneration, compensates that person equitably for expenses incurred or loss of income (for example as a result of hospitalisation).

http://dx.doi.org/10.1136/jme.2010.038760

The Convention on Human Rights and Biomedicine twenty years later: a look at the past and a step towards the future. Petrini and Ricciardi. Ann Ist Super Sanità 54, 171-173 (2018)

http://old.iss.it/binary/publ/cont/ANN_18_03_01.pdf

https://www.hta.gov.uk/policies/sale-bodies-body-parts-and-tissue

“Establishments, such as medical schools or research tissue banks, may charge for providing human tissue to other establishments or researchers, including those working for private companies, so that their running costs are recovered. Where cost recovery, or any other charging mechanism, is in place it is important that establishments are able to satisfy themselves the information provided to potential donors is sufficient to ensure they understand that their tissue samples may be shared, subject to a fee being charged. We also recommend that establishments ensure transparency by providing easily accessible information about how and why they charge, and to whom they will supply human tissue. This is important to ensure that the consent sought from donors is fully informed.”

In some countries like Singapore, commercial trading of human tissue is prohibited by law. To illustrate this fact, section 32 of Singapore’s Human Biomedical Research Act states that:

(1)  Subject to subsections (4) and (5), a contract or an arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or herself or to another person, to the sale or supply of any human tissue from his or her body or from the body of another person, whether before or after his or her death or the death of the other person, as the case may be, is void.

“This is a summary of key elements of the Privacy Rule including who is covered, what information is protected, and how protected health information can be used and disclosed. Because it is an overview of the Privacy Rule, it does not address every detail of each provision.” Click here

“The HHS regulations for the protection of human subjects in research at 45CFR 46 include five subparts. Subpart A, also known as the Common Rule, provides a robust set of protections for research subjects; subparts B, C, and D provide additional protections for certain populations in research; and subpart E provides requirements for IRB registration.” Click here