Mette Hartlev

Embryonic Entitlements: Stem Cell Patenting and the Co-production of Commodities and Personhood:

With the aim of understanding current problematizations of embryonic stem cell patenting this article rehearses the history of social entitlements related to reproductive material derived from women seeking care in institutions for reproductive health in Denmark. Our interest lies in the emergence of commercial exchange of material derived from embryos. Such exchange is characterized by contestation of the status of the embryo: is it a person or a commodity? To understand the modus operandi of the exchanges, we first explore how the concepts of personhood and morality, of commodity and ownership tend to be related in the ideal type of capitalist exchange. Historical context then helps us understand the contingency of exchange systems. Historically Danish women have had much less influence on the dissemination of material derived from them than they do today. However, today their entitlements have also found their limits, in particular with respect to commercial transactions. We claim that, ironically, material derived from institutionally mediated reproduction gains unprecedented personhood from confrontation with a capitalist exchange form which potentially designates it as a mere commodity.

Should Europe follow the US and declare obesity a disease?: a discussion of the so-called utilitarian argument

In 2013, the American Medical Association (AMA) decided to recognize obesity as a disease. One of the main arguments presented in favor of this was broadly ‘utilitarian’: the disease label would, it was claimed, provide more benefits than harms and thereby serve the general good. Several individuals and groups have argued that this reasoning is just as powerful in the European context. Drawing mainly on a review of relevant social science research, we discuss the validity of this argument. Our conclusion is that in a Western European welfare state, defining obesity as a disease will not on balance serve the general good, and that it is therefore more appropriate to continue to treat obesity as a risk factor. The main reasons presented in favor of this conclusion are: It is debatable whether a disease label would lead to better access to care and preventive measures and provide better legal protection in Europe. Medicalization and overtreatment are possible negative effects of a disease label. There is no evidence to support the claim that declaring obesity a disease would reduce discrimination or stigmatization. In fact, the contrary is more likely, since a disease label would categorically define the obese body as deviant.

Striking the right balance: patient's rights and opposing interests with regard to health information.

In this article, the author explores the nature of confidentiality in the doctor-patient relationship and discusses the extent to which patients rights to confidentiality, privacy and autonomy are balanced by a professional interest in good care and the organizational interest in administrative efficiency.

Nordic Health Law in a European Context

This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region.

The raison d'être of Nordic Health Law

This anthology aims to provide Nordic perspectives on the young and evolving field of health law – or biomedical law – by reflecting on issues that have been explored within the activities of the Nordic Network for Research in Biomedical Law. In the emergence of this fairly new legal discipline, it has become very clear that the Nordic region forms a part of Europe that has been strongly influenced by both hard and soft law initiatives from the European Union and the Council of Europe, but also that Nordic identity, culture, and collaboration clearly remain an important factor in the legal development of this particular region.

Recent developments in Nordic health law.

The five Nordic countries--Denmark, Finland, Iceland, Norway and Sweden--share a considerable part of their cultural and historical heritage. They have collaborated closely in their development of legislation during most of the 20th century and are also all traditional welfare states, but nevertheless demonstrate a surprising degree of variety in the area of health law. The Nordic Network for Research in Biomedical Law was founded in 2006, with the aim to promote intra-disciplinary collaboration and stimulate comparative Nordic research in this field of law. Exchange of information on recent legal developments has been a recurrent point on the agenda at the Network meetings.

Banks, Repositories and Registries of Stem Cell Lines: The Challenges to Legal Regulation

Stem cell biobanks can be understood as repositories of stem cells and stem cell lines including the data associated with the biological material. Such biobanks have widely differing extents, characters and purposes. Some are very large and serve broad-spectrum purposes. Others are smaller and have more distinct aims. Some are public, others are commercial. Altogether the area of stem cell banks is highly complex, which implies a regulatory challenge for legislators. This paper aims at clarifying how stem cell banks are regulated in international law with a special focus on the balancing of interests of different stakeholders. Tissue donors may have various interests in regards to stored stem cell samples, especially an interest in self-determination and privacy protection. These interests must be balanced against the interests of other actors, not least those patients who can benefit from the development of new treatment but also the interest of society at large in development of new knowledge. New issue arises in situations where stem cell research is moved from the laboratory to the clinic. The change of purposes associated with the translation of research into clinical practise gives rise to special regulatory concerns and challenges, especially in regards to tissue donor’s right to self-determination. The paper concludes that the international regulation only to a limited extent refer explicitly to how the transition from laboratory research to stem cell treatment should be dealt with, and that there is a need for clarification in international law of how to tackle this challenge.