Legal and Bioethical Changes in the Commodification of Human, Including Bioprinted, Organs and Tissues

Abstract

Modern breakthrough scientific ideas in the field of introduction and development of biomedical technologies have led to a significant objectification of the human body. The paper analyzes the trend of commodification of the human body and its parts from the standpoint of bioethics and law, which determines the consideration of these as goods that participate in economic turnover and have their own price. The problems of insufficiency of human organs suitable for transplantation, the risk of rejection of the transplant by the recipient’s immune system, as well as the need to ensure the safety of donor organs and tissues can be leveled by creating artificial human organs and tissues, including through the use of advanced additive technologies (3D bioprinting), creating a three-dimensional model of a human organ on a cellular basis, which is subject to subsequent transplantation to a recipient in need. The development of 3D-bioprinting allows us to resolve bioethical and legal contradictions caused by the actual inclusion of human organs and tissues in civil (economic) turnover, while international acts enshrine the principle of inadmissibility of commercialization of the human body, by virtue of which the human body and its parts should not be a source of financial benefit. The author summarizes that 3D bioprinting is able to significantly smooth out the negative manifestations of the human body commodification trend. The peculiarity of applying the principle of non-commercialization of the human body is due to the fact that in this case the emphasis is placed on obtaining cellular material for creating a bioprinted human organ. First of all, the principle of non-commercialization of the human body should remain in effect when providing cell material by a third party (donor), even if only in terms of determining the legal regime of cell material and created bioprinted human organs and tissues. If the recipient’s own cells are used, this principle loses its meaning.