Property Rights in Human Corpses and Human Tissue: The position in Western Australia
The purpose of this article is to critically examine the current law in Western Australia with respect to the regulation of dead bodies and the tissue of those bodies.6 In so doing, two issues will be addressed:
1. Whether the law in Western Australia impliedly recognises the existence of property rights in corpses and body tissue despite the traditional judicial and legislative reluctance7 to expressly acknowledge such rights.
2. Whether the traditional reluctance to expressly recognise property rights in corpses and human tissue should be overcome so that the removal, disposal and usage of them can be regulated according to clear, consistent and established rules of property law.
Hammond, C. (2002). Property rights in human corpses and human tissue: The position in Western Australia. The University of Notre Dame Australia Law Review, 4, 97-114.