The innovative Spare Parts People business sweeping Asia has launched its Australian website in anticipation of a stock market IPO later this year. Spare Parts People is a business started in China that brokers body parts from living donors, although the model has come under fire for exploiting the poor.
Like a shopping cart for body parts, international hospitals or wealthy individuals place orders for ears, eyes, internal body organs and even legs on the Chinese based website. Genitals have been specifically excluded from Spare Parts People offering for the present time.
"Genitals may be offered by Spare Parts People at some stage in the future", said spokesperson Jacky Mama, "although we would need a critical mass of people wanting to sell their genitals. Why open a donut shop with only one donut for sale" said Jacky Mama, in reference to the old Chinese proverb "One Cat, One Cat for Sale".
Exploitation of the poor in China where the business started operation has been a feature of the business start up, although willing and voluntary Chinese participants have now sold over 10,000 body parts. This trade has supplemented the parts available from the separate capital punishment industry in China.
The first sales are likely to end up in court, but Jacky Mama expected this. "When breaking new ground, ask the ground to break" said Jacky Mama quoting another Chinese Proverb.
In common law jurisdictions (Canada, UK, Australia, New Zealand) the ownership of body parts and the right to alienate or sell the body parts relies on the historical precedent established in Doodeward and Spence 1908 6 CLR 406, 414 where the lawful posession of a 'two headed baby' foetus by Dr Donahoe from New Zealand was considered. That case is a touchstone establishing the work and skill exception permitting ownership of body parts.
Statutory authority to sell body parts in Australia does exist under Transplantation and Anatomy Act 1979 (Qld) ss 40 and 41 but only with the consent of the minister or the minister's delegate.
More to come.
Image link credit below: Rerisson Hofniel - Thanks Rerisson
Posted: Wednesday 16 February 2022
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