Abstract

BRENA SESMA, Ingrid. Biobanks, a Subject Pending upon Legislation. Bol. Mex. Der. Comp. [online]. 2010, vol.43, n.129, pp.1055-1079. ISSN 2448-4873.

The present paper pretends to bring a general overview about the ethics and juridical consequences that may represent the establishment and functioning of human sample's biobanks. A legislation lack -despite of the existence of biobanks- inspire the present article to make a statement on what biobanks represents, the types of biobanks that exists, and which are their different purposes that they have. In the other hand, I considered necessary a study to reflect on some sort of problems that could arise with the biobanks development, like the determination of the ownership on human samples for research, the probably discrimination based on genetic causes and how to protect the genetic data's privacy. The information, and the increase of knowledge on the matter will aloud to create a convenient regulation over the biobanks, allowing them to fulfill their objective, making easier the exchange of samples in scientific researches, and at the same time, to protect the altruistic doners rights, taking in account that they give for free a part or fluid of their bodies.

Keywords : biobanks; genetics studies; forensic banks.

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