Young children as regenerative tissue donors : considering the need for legal reform in light of divergent ethical approaches

Then, Shih-Ning (2011) Young children as regenerative tissue donors : considering the need for legal reform in light of divergent ethical approaches. Journal of Law and Medicine, 19(1), pp. 172-195.

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In Australia, young children who lack decision-making capacity can have regenerative tissue removed to treat another person suffering from a severe or life-threatening disease. While great good can potentially result from this as the recipient’s life may be saved, ethical unease remains over the ‘use’ of young children in this way. This paper examines the ethical approaches that have featured in the debate over the acceptability and limits of this practice, and how these are reflected in Australia’s legal regime governing removal of tissue from young children. This analysis demonstrates a troubling dichotomy within the Australia’s laws that requires decision-makers to adopt inconsistent ethical approaches depending on where a donor child is situated. It is argued that this inconsistency in approach warrants legal reform of this ethically sensitive issue.

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ID Code: 45671
Item Type: Journal Article
Refereed: Yes
Keywords: Children, Tissue donor, ethical perspectives, legal reform, Australia
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > APPLIED ETHICS (220100) > Medical Ethics (220106)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Thomson Reuters
Copyright Statement: "Please note that this article is being provided for research purposes and is not to be reproduced in any way. If you refer to the article, please ensure you acknowledge both the publication and publisher appropriately. The citation for the journal is available in the footline of each page. Should you wish to reproduce this article, either in part or in its entirety, in any medium, please ensure you seek permission from our permissions officer.'
Deposited On: 20 Sep 2011 23:09
Last Modified: 22 Sep 2011 01:36

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