Organ donation and ownership of body parts: Protection of bodily integrity

Kovačević, Dušica G. (2020) Organ donation and ownership of body parts: Protection of bodily integrity. Zbornik radova Pravnog fakulteta, 54 (4). pp. 1561-1574. ISSN 0550-2179 eISSN 2406-1255

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Abstract

Bodily integrity is one of the main areas of interest for organ transplantation. The transfer of one human organ from one body to another is a matter of the bodily integrity of the human. The focus of the work is on the treatment of the human body in situations when it is necessary to make decisions on organ donation, in one's own and others' best interests. In this context, the possibility of an equal right to bodily integrity is considered, as well as the possibility of ownership of the body. The paper will consider legislation and court cases of the European Union member states concerning the situation in the Republic of Serbia. The final part of the paper concludes about the roles that individual participants in the process of organ donation should play in modern circumstances.

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