White S
Cardiff University, UK.
Med Law Int. 2000;4(3-4):145-81. doi: 10.1177/096853320000400401.
Since March 1999 there have been three inquiries concerned either in whole or in part with the removal of human tissue from bodies during post-mortem examinations and its retention thereafter. Two of these at least have had to consider the law relating to the matter, and a commissioned paper and a submission about it to one, the Bristol Royal Infirmary Inquiry, have been mounted on the Inquiry's Web site. The main part of this article consists of the slightly revised text of a submission to the Inquiry by way of comment on these. Among the major points made in this submission are that (a) insufficient consideration has been given to the present status of the common law right of a person arranging a funeral to have the body of the deceased given Christian burial in the burial ground of the parish in which he or she died or of which he or she was a parishoner; (b) insufficient account has been taken of the scope of permissible modes of dealing with a dead body; and that (c) the implications this has for the common law offence of preventing Christian (or decent) burial have not been fully explored.
自1999年3月以来,已有三项调查,全部或部分涉及在尸检过程中从尸体上移除人体组织及其后续留存问题。其中至少两项调查不得不考虑与此事相关的法律,并且一份委托撰写的文件以及一份关于此事提交给布里斯托尔皇家医院调查委员会的意见书已发布在该调查委员会的网站上。本文的主要部分是提交给该调查委员会的意见书的略作修订的文本,作为对上述内容的评论。该意见书中提出的主要观点包括:(a) 对于安排葬礼的人让死者遗体在其死亡教区或其所属教区的墓地进行基督教葬礼的普通法权利的现状,考虑不足;(b) 对处理尸体的允许方式的范围考虑不足;以及 (c) 这对普通法中阻止基督教(或体面)葬礼的罪行的影响尚未得到充分探讨。