Table des matières

Foreword

Jean-Daniel Rainhorn

Globalization and Misuses of Biotechnologies: Back to Cannibalism?

• Advances in biomedicine
• The slow desubjectification of the human person
• Healing that exploits bodies of others
• Sensational headlines or real facts?
• What do these phenomena have in common?
• Why the metaphor of cannibalism?
• Trade in bodies: a neocolonial economy?
• Appropriating the other’s body: an attempt at classification
• Anatomo-physiological classification
• Functional classification: new forms of appropriation
• Towards an object-person proletariat?
• Doctors or merchants?
• Conclusion

Part 1. Trading in the Human Body

Samira El Boudamoussi et Vincent Barras

New Markets, Old Questions?

Jean-Jacques Courtine

Rest in Pieces: A Short Genealogy of Cannibal Markets

Samia A. Hurst

To Ban or Not to Ban: The Ethics of Selling Body Parts

• The case in favor of selling body parts
• The case against selling body parts
• Harm to vendors
• Decreased altruism
• Instrumentalization and commodification
• Endangering informed consent
• Coercion
• Exploitation and extraction
• Qualifying the required regulations
• Conclusion

Samira El Boudamoussi

The Value of Life: Religions and Commodification

• Methodological aspects
• The human body from a religious perspective
• Commercializing the body: religious perspectives
• Selling and purchasing of organs
• Religions on selling organs for transplantation
• Religions on purchasing organs for transplantation
• Individual and social concerns
• Renting wombs and surrogacy
• Religions on renting wombs
• Individual and social concerns
• The human-product banking industry
• Religions on human-product banking
• Individual and social concerns
• Looting of brains in the health-care sector
• Religions on brains theft
• Individual and social concerns
• Conclusions

Part 2. Wombs for Rent

René Frydman

How Do We Balance Risk and Desire?

Seema Mohapatra

States of Confusion: Regulation of Surrogacy in the United States

• Introduction
• The legal landscape for surrogacy in the US
• California: leading the way in commercial surrogacy
• Case law
• California’s surrogacy statute
• Next steps
• Conclusion

Elisabeth Beck-Gernsheim

Danish Sperm and Indian Wombs: Fertility Tourism

• Introduction
• Moral issues: contested territory
• Old traditions, new options
• The growing diversity of lifestyles
• Fertility tourism: a global market
• India: “rent a womb”
• The medical profession and commercial enterprise
• Conclusions

Sarojini Nadimpally

For Motherhood and for Market: Commercial Surrogacy in India

• Indian context
• The study
• Key findings
• Profile
• Recruitment
• Reasons for entry
• Informed consent
• Medicalization and health risks
• Regulation of the lifestyle
• Monitoring and surveillance
• Contract
• Counseling services
• Relinquishment
• Remuneration
• Stigma
• Conclusion
• Acknowledgments

Etti Samama

Within Me, But Not Mine: Surrogacy in Israel

• The Embryo Carrying Agreement
• Methodology
• Findings
• The family status of designated parents and surrogates
• The surrogate
• The designated parents
• The relationships between the parents and surrogates
• Separation from the baby and hand-over to designated parents
• Children of the surrogates
• The outcome of surrogacy
• Implementation of the law
• Conclusions and recommendations

Part 3. Brain Theft

Alex Mauron

Is Brain Drain Cannibalism?

Delanyo Dovlo et Sheila Mburu

An Unfair Trade? Mobility of Africa’s Health Professionals

• The labor market for sub-Saharan African health professionals
• Ethics and morality, and the motivation to behave well
• Summary and conclusions

Nicola Suyin Pocock

Double Movement: Health Professionals and Patients in Southeast Asia

• Introduction
• Health-worker migration
• Physician emigration
• What induces doctors to leave or to stay?
• What do we know from studies of migration of the highly skilled?
• Consequences of physician emigration
• Health-workers and health coverage
• Private sector—unclear role in health outcomes and physician emigration
• Retention strategies for the public sector—Thailand’s experience
• Growth in medical tourism in Southeast Asia
• Potential costs of medical tourism to health systems
• Is medical tourism a retention strategy for emigration of health-workers?
• Discussion

Barbara L. Brush

Selective Immigration: Nurse Importation by Developed Countries

• Changing US Nurse-Importation Patterns
• New Markets, New Competition
• Consequences of Change: India and the Philippines as Case Studies
• “Managing” Global Nurse-Workforce Imbalance
• Conclusion

Part 4. Organs for Sale

Philippe Steiner

Is Transplantation Tourism a Form of Cannibal Market?

Jacob A. Akoh

State of the Trade: World Transplant Tourism

• Types of tourism
• Ethical dilemmas
• Drivers of transplant tourism
• Need for transplantation
• Inadequate organ donation
• Competing interests
• Economic inequality
• Miscellaneous
• Commercial kidney donors
• Transplant recipient outcomes
• Global reality
• Way forward
• Legalized market
• Financial incentives
• Limitations
• Recommendations
• Conclusions

Rafael Matesanz et Beatriz Mahíllo

Lessons in Donation: The Spanish Experience in Latin America

• Spanish model of organ donation and transplantation
• 1. Transplant Coordination Network at three levels
• 2. In-hospital transplant coordination teams
• 3. Continuous audit on brain deaths and outcome of donation at ICUs in transplant-procurement hospitals
• 4. Central office (ONT) as a supporting agency in the donation process
• 5. Great effort in professional training
• 6. Hospital reimbursement for donation and transplantation activities
• 7. Close attention to the media
• Global approach to organ shortage
• ONT and the Iberoamerican example
• Conclusions

Mitra Mahdavi-Mazdeh

An Alternative to Trade: The Iran Experience

• Development of transplantation in Iran
• Brain-death-donation program implementation
• Unrelated live donors
• Decreasing short-and long-term medical risks
• Is monetary compensation for donation ethical?
• Is this just another program for the rich?
• Better organs for the rich and exploitation of the poor?
• Do donors make autonomous decisions to overcome economic constraints?
• Is there any long-term follow-up health-care for Iranian donors?
• Conclusion

Nancy Scheper-Hughes

The Ends of the Body: Neocannibalism and Military Necropolitics

• Genealogies of a tabootopic
• Biopiracy of the dead: the body of the enemy
• An anthropology of evil?
• Theft of life—the real, the unreal and the uncanny
• Worst fears

Part 5. The Human-Product-Banking Industry

Vinh-Kim Nguyen

Do Human Body Parts Have a Social Life?

Jean-Paul Pirnay

In the Name of Quality and Safety: Commercialization of Human Cells and Tissues

• Human cells and tissues
• Tradable goods
• IFAs—illegal and fraudulent activities
• Ethical issues: out of scope, out of mind?
• The globalization of human cells and tissues
• LEPRAs—legal excessive profit-making activities
• Exploitation of low-income countries to procure “raw materials”
• Excessive processing fees
• Irresponsible allocation
• Commodification
• The doctrine of double effect
• In the name of quality and safety
• The way ahead
• Acknowledgments

Jean-Daniel Tissot, Olivier Garraud, Jean-Jacques Lefrère et al.

Selling Donations: Ethics and Transfusion Medicine

• Principles of modern transfusion medicine
• Globalization, merchandizing (between cannibalism and vampirism)
• Ethics and transfusion medicine
• The responsibilities of the professional in transfusion medicine
• Obligations towards patients
• Obligations towards donors
• Obligations towards society
• Conclusion

Bernice S. Elger

Who Are the Owners?

Commercialization and Biobanking

• Ownership of research biobanks: recent practice
• Ownership: a complex concept
• Ownership of research biobanks: guidelines employ various approaches
• Ownership of research biobanks: recent cases
• Conclusion

Part 6. The Bigger Picture

Philippe Goyens

What else? Development, Gender, and Human-Rights

Firouzeh Nahavandi

From Colonization to Neocolonization: New Forms of Exploitation

• Inequality and exploitation of the human body, phenomena as ancient as the world itself
• Slavery and self-sale
• Colonialism
• Some features of today’s commodification of the human body
• Hair trade
• Surrogacy
• Organ transplant
• Attraction of brains
• A new form of exploitation of international inequalities
• Commodification of the body and development theories
• Unequal exchange and exploitation
• Commodification of the human body as neocolonialism

Judit Sándor

Commodified Bodies: Is It a Gender Issue?

• European law, commodification and commercialization
• Gender implications of commodifying the human body
• Commodification of gametes
• Commodification and commercialization of the womb
• Conclusions

Debra Budiani-Saberi et Seán Columb

Trafficking in Persons for the Removal of Organs: A Human-Rights Approach

• Importance of a human-rights approach to HTOR
• Implementing a rights-based approach
• The UN Trafficking Protocol
• State obligations under IHRL
• Towards the future
• Recommendations for the international community
• Recommendations for states
• Recommendations for health organizations and transplant professionals
• Recommendations for social scientists, civil society and human-rights activists
• Conclusion

Part 7. Mapping National and International Responses

Edward Kelley

Questions for the future

Carmel Shalev

Limiting Commodification: International Law and Its Challenges

• The paramount principle
• International regulation
• Clinical standards: quality, safety and efficacy
• Trafficking in human beings for organ removal
• Trafficking in organs, tissues, and cells
• Professional self-governance
• Emerging norms in relation to organ trafficking
• Third-party reproduction
• Egg-cell donations
• Surrogacy arrangements
• Towards a human-rights instrument
• Conclusion

Luc Noël et Dominique Martin

Medical Products of Human Origin: Towards Global Governance Tools

• Why products?
• The challenges of failed governance
• Governance of MPHOs: a responsibility for national authorities
• The self-sufficiency paradigm
• Rejection of financial gain in the human body
• The WHO MPHO initiative
• Standards of practice
• Universal coding with ISBT 128
• Optimizing global vigilance and surveillance
• Conclusion

Alexander M. Capron

Human Commodification: Professions, Governments, and the Need for Further Exploration

• Classifying the four fields as [market] commodities
• Human organs and tissues
• “Brain drain”
• Assisted reproduction
• Regulations of medical practices
• Reasons for regulating
• Prohibitions
• Application of regulations to “cannibalized commodities”
• Regulating to improve markets in human “commodities”
• Regulating to prevent harm
• Regulating to protect a relationship
• Conclusions

Jean-Daniel Rainhorn et Samira El Boudamoussi

Conclusion

Biographies of the Contributors

• Introduction
• Part 1: Trading in the Human Body
• Part 2: Wombs for Rent
• Part 3: Brain Theft
• Part 4: Organs for Sale
• Part 5: The Human-Product-Banking Industry
• Part 6: The Bigger Picture
• Part 7: Mapping National and International Responses