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Introduction to personalised medicine, individual choice and the common good / Donna Dickenson, Britta van Beers and Sigrid Sterckx -- Personalised medicine and the politics of human nuclear genome transfer / Francoise Baylis and Alana Cattapan -- Stem cell derived gametes and uterus transplants : hurray for the end of third party reproduction! or not? / Heidi Mertes -- Personalising future health risk through 'biological insurance' : proliferation of private umbilical cord blood banking in India / Jyotsna Gupta -- Combating the trade in organs : why we should preserve the communal nature of organ transplantation / Kristof Van Assche -- When there is no cure : challenges for collective approaches to Alzheimer's disease / Robin Pierce -- Lost and found : relocating the individual in the age of intensified data sourcing in European healthcare / Klaus Hoeyer -- Presuming the promotion of the common good by large-scale health research : the cases of care.data 2.0 and the 100,000 genomes project in the UK / Sigrid Sterckx, Sandi Dheensa and Julian Cockbain -- My genome, my right / Stuart Hogarth, Julian Cockbain and Sigrid Sterckx -- 'The best me I can possibly be' : legal subjectivity, self-authorship and wrongful life actions in an age of 'genomic torts' / Britta van Beers -- I run, you run, we run : a philosophical approach to health and fitness apps / Marli Huijer and Christian Detweiler -- The molecularised me : psychoanalysing personalised medicine and self-tracking / Hub Zwart

Frontmatter -- Contents -- Acknowledgments -- Chronologies -- Terminology and Abbreviations -- PART ONE. Imperial and Professional Strategies within the Field of State Power -- 1. Introduction -- 2. Retooling Statesmen to Restructure the State: From Heritiers of European Legal Culture to the Technopols Made in the USA -- 3. The Internationalization of Palace Wars -- PART TWO. Hegemony Challenged: Making Friends, the Cold War Roots of a Reformist Strategy -- 4. The Archeology of the New Universals: The Cold War Construction of Human Rights and Its Later Avatars -- 5. The Chicago Boys as Outsiders: Constructing and Exporting Counterrevolution -- 6. Fostering Pluralism and Reformism -- 7. The Paradox of Symbolic Imperialism: The Southern Cone as an Explosive Laboratory of Modernity -- PART THREE. Competing Universals: The Parallel Construction of Neoliberalism in the North and the South -- 8. The Reformist Establishment out of Power: Investing in Human Rights as an Alternative Political Strategy -- 9. From Confrontation to Concertacion: The National Production and International Recognition of the New Universals -- PART FOUR. Reshaping Global Institutions and Exporting Law -- 10. Fragmented Governance: A Washington Agenda for Reshaping Global Institutions and National Expertises -- 11. Top-Down Participatory Development: Putting a Human Face on Market Hegemony and Trying to Stem the Social Violence of Globalization -- 12. Lawyer Compradors as Opportunistic Institution Builders -- 13. Reformist Strategies around the Courts -- 14. The Logic of Half-Failed Transplants -- Notes -- References -- Index

Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.

The objective of this paper consists of a compared study of the most recent penalty provisions about trafficking in human organs incorporated to the Chilean and Spanish legislations by assuming the regulations that proclaim the principle of free provision in the field of organ transplants, and analyzing administrative breaches and criminal offences provided in order to sanction above all the conducts committed in this area with the aim of getting economic benefit. This compared study will show, on the one hand, the main common aspects of both legal systems, as well as the divergent points; and, on the other hand, the most problematic aspects posed by the implementation of those penalty provisions. Not only the differences among those legislations but also the difficulties of their implementation reflect the complexity to satisfactorily deal with this problem from the legal point of view. ; El objeto de este trabajo consiste en un estudio comparado de las más recientes disposiciones sancionadoras del tráfico de órganos humanos incorporadas a la legislación de Chile y España. Para ello, se parte de la normativa que proclama el principio de gratuidad en materia de trasplantes, y se analizan las infracciones administrativas y penales previstas para sancionar, sobre todo, las conductas que se cometan en este ámbito con ánimo de lucro. Este estudio comparado permitirá conocer, por un lado, las principales notas comunes a ambos ordenamientos jurídicos, así como aquellas otras en las que divergen; y, por otro lado, los aspectos más problemáticos que plantea la aplicación de dichas normas sancionadoras. Tanto las discrepancias entre estas legislaciones como las dificultades que plantea su aplicación reflejan la complejidad para afrontar jurídicamente este problema de una forma satisfactoria.

Cover -- Half Title -- Title -- Copyright -- Contents -- Foreword -- Acknowledgments -- Abbreviations -- Overview: World Development Report 2017: Governance and the Law -- Improving governance to meet today's development challenges -- Drivers of effectiveness: Commitment, coordination, and cooperation -- Levers for change: Contestability, incentives, preferences and beliefs -- Drivers of change: Elite bargains, citizen engagement, and international influence -- Rethinking governance for development -- Navigating this Report -- Notes -- References -- Part I: Rethinking governance for development: A conceptual framework -- Chapter 1: Governance for development: The challenges -- Understanding development policy: Proximate factors and underlying determinants -- Development objectives . . . and constraints -- Governance for the bottom half -- Notes -- References -- Chapter 2: Enhancing governance for development: Why policies fail -- Diverse pathways to success: Moving beyond institutional transplants -- Drivers of effectiveness: Commitment, coordination, and cooperation -- Policy effectiveness in the presence of power asymmetries -- Levers for change: Incentives, preferences and beliefs, and contestability -- A dynamic process: Drivers of change and the role of law -- Notes -- References -- Spotlight 1: Corruption -- Spotlight 2: The governance challenges of managing risks -- Chapter 3: The role of law -- Law and the policy arena -- Ordering behavior: The command role of law -- Ordering power: The constitutive role of law -- Ordering contestation: The role of law in change -- Getting to the rule of law -- Notes -- References -- Spotlight 3: How do effective and equitable legal institutions emerge? -- Part II: Governance for development -- Chapter 4: Governance for security -- Can governance solve the problem of violence in society?

The debate on whether to introduce the opting-out system is complex and involves various ethical, philosophical, psychological and legal issues. Different answers are given to questions such as "Who owns the body of the dead person? Does the State own the body of the deceased person or does the body belong to the next of kin? Should the decision whether or not to donate the organs of a dead relative be taken by the State? How informed are people about opting-out? If persons are not aware of the system, would the organs still be taken even when relatives are against opting-out?" Because there is no consensus regarding these and other questions, some sections of society and groups may present resistance to introducing the system. On the other hand, doctors' associations as well as other lobby groups argue that organs should not go to waste and agree with State intervention to retrieve more organs through the introduction of opting-out. The question asked by those in favour of opting-out is "How fair is it for thousands of people to keep on waiting for an organ transplant, when it is possible to reduce these numbers drastically by legislation?" This is the problem facing policy makers. Should the state try to encourage and facilitate a gradual change in public opinion towards opting-out or should legislation on presumed consent be introduced? ; peer-reviewed

The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of transplants relies on the existence of appropriate incentives, and the detailed study of the Italian experience provides a good indication that the traditional inquisitorial system might not generate such incentives. Instead, this article offers a new theory emphasizing the role of the prosecutor and that of the defence counsel. We argue that the incentives of the prosecutor and those of the defence counsellor are determinants of the success or failure of plea-bargaining. We are sceptical that plea-bargaining can lead to or is consistent with the desirable outcome in many circumstances. In particular, a major implication of our analysis is that the comparative efficiency of plea-bargaining to a larger extent depends on the possibility of a legal system to address the multiple principle-agent problems in criminal litigation.

The writers hold to a close study of the city in the Third World and two determining of this: Porverty and a Lack of any Democratic Traditions. The first is held to lead to the soaring uncontrolled ob quotas found here; the second to data that cannot thus be relied upon even though its equivalent in our circumstances still can be. The attempt to transplant institutional models from the First to the Third World, besides its many other defeats, is also shown to have failed when applied to a control of ground space, especially with reference to urbanism. The paper holds that a possible method of meeting this situation might be found through the aiding, councilling and advising of extra-legal «Urbanizcrs». ; Insisten los autores en la línea del estudio de la ciudad en el tercer mundo, y en los dos datos que tan negativamente la determinan: la pobreza y la falta de tradición democrática. Lo primero, origina un altísimo porcentaje de trabajo extralegal: lo segundo, la inadecuación de las figuras de gobierno local que aquí consideramos válidas. El intento de transplantar instituciones del primer al tercer mundo, absolutamente fracasado, se ha manifestado, también. en la tenencia de la tierra, lo que se traduce negativamente en cl campo del urbanismo. Una vía de acercamiento a la solución estaría en la ayuda, asesoramiento y orientación a los autoconstructores.

PurposeTransplantation extends and improves lives, but the shortage of organs is one of the main factors limiting the number of transplants in Italy, as well as in other countries. This study investigated the awareness about organ donation and the socio-demographic factors associated with donation will in a general population.Design/methodology/approachIn 2019, a survey was carried out by computer-assisted web interviewing. A questionnaire was sent via e-mail to 39,360 individuals (i.e. students, administrative and teaching staff of the University of Milano-Bicocca, Italy). The response rate was 10.6% and 4,191 weighted cases were used in the analysis.FindingsThis study showed a strong, positive attitude towards donation: over 96% of respondents stated to be keen on organ donation. Of the respondents, 40.8% considered themselves informed on medical procedures involving organ donation, and only 15.8% thought to have sufficient legal information. Overall, only 17.7% of respondents thought that the information available was sufficient to make informed decisions. According to the respondents, ethical and religious implications were the main reasons (30% of answers) that limited the level of information. Just 57.9% of respondents had already recorded their willingness to donate. Among them, renewal of the identity card was the most common motivation (55.8%) and the main motivation reported for lack of expression of donation will was the lack of opportunity or time (61.5%).Originality/valueA positive attitude towards donation demands a wide public education programme and opportunities to declare one's will to donate to increase the population of potential organ donors.

Controlled Organ Donation after Circulatory Death (DCD) was re-introduced in the UK in 2008, in efforts to increase rates of organs for transplant. Following reintroduction there were debates about the ethics of DCD, leading to production of legal and ethical guidelines. Today, DCD makes up 40% of deceased organ donors, leading to claims that the UK has 'overcome' its ethical challenges. However, there is little understanding of how DCD works in practice and the ethical implications of making DCD routine in the context of the NHS. This paper draws on data from an ethnographic study examining the practices of DCD in two acute NHS Trusts in England. Interviews with Intensive Care staff and Specialist Nurses in organ donation, observations of organ donation committee meetings and analysis of Trust documents were conducted. Findings reveal that the routinisation of DCD has created new ethical issues relating to interactions between organisational timeframes for DCD and (under)resourcing for, and de-prioritisation of, donation within an NHS subject to austerity. They include: the perceived burden on families and implications for consent when there are delays in the donation process, due to theatre space and retrieval team shortages; family and staff distress when death does not happen 'on time'; and the problem of where to take patients who do not die in time to donate. I argue these temporal-ethical issues are likely to become heightened as potential donor rates increase with the new opt-out legislation, unless the resourcing required to deal with these problems are also addressed.

This Chapter recounts the history of fair use and fair dealing. It traces the shared common law origins of fair use and fair dealing in English and American copyright law, and shows that the enactment of the 1911 UK Copyright Act - the basis for current copyright laws of most Commonwealth jurisdictions - was not designed to cause any major alteration in the common law of fair dealing. The historical record shows that the distinction between US-style open-ended fair use and fair dealing as a myth: the codification of fair dealing in 1911 was not designed to limit its application to the enumerated purposes included in the statute. The question of whether the list of enumerated purposes is exhaustive or, instead, illustrative of a broader principle has never been put squarely before the courts, let alone the higher courts, and certainly not in Canada. Therefore, the question of whether fair dealing in Canada can apply to purposes that are not explicitly mentioned in the Copyright Act is an open one, and as this Chapter shows, can and should be answered affirmatively. Doing so will not transplant a foreign legal concept. Rather, it will reunite present copyright doctrine with its rich and historic roots that were latent but never discarded. Embracing an open-ended fair dealing is the only logical application of the Supreme Court of Canada latest decisions and Parliament's action, and the only interpretation of the Act that can be internally, historically, and constitutionally coherent.

This Chapter recounts the history of fair use and fair dealing. It traces the shared common law origins of fair use and fair dealing in English and American copyright law, and shows that the enactment of the 1911 UK Copyright Act - the basis for current copyright laws of most Commonwealth jurisdictions - was not designed to cause any major alteration in the common law of fair dealing. The historical record shows that the distinction between US-style open-ended fair use and fair dealing as a myth: the codification of fair dealing in 1911 was not designed to limit its application to the enumerated purposes included in the statute. The question of whether the list of enumerated purposes is exhaustive or, instead, illustrative of a broader principle has never been put squarely before the courts, let alone the higher courts, and certainly not in Canada. Therefore, the question of whether fair dealing in Canada can apply to purposes that are not explicitly mentioned in the Copyright Act is an open one, and as this Chapter shows, can and should be answered affirmatively. Doing so will not transplant a foreign legal concept. Rather, it will reunite present copyright doctrine with its rich and historic roots that were latent but never discarded. Embracing an open-ended fair dealing is the only logical application of the Supreme Court of Canada latest decisions and Parliament's action, and the only interpretation of the Act that can be internally, historically, and constitutionally coherent.

The Human Rights topic is increasing its relevance in the field of legal studies and in the agenda of inter/transnational actors. The Sociology of Law is deeply engaged in this dialogue, but some of its contributions seem to share a common lack of concern about the dimensions of cultural legitimacy and politics of imagination. Refusing the "simplistic" vision of «legal transplants», the approach in term of regionalization and the genealogical theories (i.e. the so called generations of human rights), the thesis aims to outline a multidisciplinary frame, trying to merge the anthropological and the socio-legal knowledge to shed light on the «anthropologies of human rights». The use of the plural suggests several orders of realities: firstly, it reflects the high fragmentation which characterizes the epistemological and methodological debate of contemporary anthropology, as a disciplinary field. An "internal" multiplication of points of view which becomes even more striking in its interactions whit the HR subject and its own kind of internal dissemination. Secondly (and consequently), it enlightens that the "pluralisation" of human rights discourse could be better understood as a proliferation of world-visions and axiologies. In this second meaning, the summoned «anthropologies» have to be intended in term of theories on human beings, on social reality and social order, shaped by cultural assumptions, taken-for-granted and (shared) symbolical repertoires. Deeply merged within every manifestation of the «humanitarian transnational narration», these world-versions need to be studied as sources of influence and inspiration for legal claims, texts and declarations that build the corpus of international humanitarian law. Lastly, this plurality which stems from the relationship between the macro-narrative of the International Bill of Human Rights and its situated appropriations points out the potentiality of a cultural analysis of the social life of (human) rights in avoiding the dichotomist models (universalism versus relativism, global versus local and so on) in favor of a representation in term of narrative encounters between different conceptions of human dignity, human beings, normative orders and social realities. To grasp this mutual and multilayered overlapping, the first part of the thesis builds an analytical framework destined to be applied, in the second part, to the specific context of the «African system of human rights». This choice was dictated by the peculiarities which seem to distinguish it from others regional systems: amongst these features, the African Charter on Human and Peoples' Rights deserves a special place, considered its aspects of relevant innovation and creativity as well its signs of criticism and its lack of real efficacy. In the first chapter we start from the general liaison between Law and Culture, looking for a «relational paradigm» which rejects determinist or reductionist presentations of this organic link. Adopting a pluralist point of view (centered on the idea of «normative pluralism» preferred to the classical one in term of «legal pluralism»), we borrow some insights from early anthropological researches on «primitive law» and on the co-existence of plural normative orders in colonial settings. The second chapter deals with the concept of «legal culture», trying to discuss a cardinal notion of sociology of law that often pretend to exhaustively grasp the complexity of law/culture nexus. We explore the richness and the pitfalls of influent theorizations about this topic, sorting out three dimensions which seem to require a deeper engagement: the power, the (construction of the) collective identities and the pluralism. In strict dialogue with the studies on «legal consciousness» and «legal socialization», we move towards a textual description of culture. The third chapter sketches a theory of culture in term of cognitive and normative interface between men and the meaningful world they try to create (and to live in). Borrowing from Clifford Geertz the fundamental ideas about the «social traffic of meanings», the textual dimension of cultures and the law as a way of world-making – or better, of imaging the reality –, we keep developing our model in a more comprehensive perspective which dismisses the "literary" constraints entrenched in the idea of «text». The forth chapter deals with some assumptions of the so-called «narrative paradigm», trying to "dissolve" the persisting rigidities of the textual frame into a larger and (more) universal human ability: the narrative competence. We examine the coalescence between narrative attitude and normative attitude, stressing the similarities and the constitutive power of both of them. Starting from narration as a meta-model for the social construction of reality, we move towards the specificities of «legal narration» as expression of the legal construction of social reality. This narrative standpoint can be synthesized as follow: the human skill to produce, to understand and to manipulate tales (and other sources of narrative production) is the key that ensures the transmission and the socializations of cultural meanings, representations and symbols. Trough the narrativization of culture it becomes easier to conceive the narrativization of legal cultures as shared, contested, polyphonic repertories of legal and social ideas. In the fifth chapter we start applying our theoretical framework to the human rights topic. We begin with a preliminary set of issues regrouped under the label of «spatial problematic». It underlines the paradox of the Universalist project, with its claims of cultural independence and planetary applicability on the one hand, and the need of cultural resonance and local relevance on the other. We explore critical contributions about the «globalization talk», which stress some traps of this overriding way of representing social and socio-legal phenomena in the contemporary world. Aiming to reject monodimensional explanations, we merge the «rhetoric of flaws» with the sensibility for «friction events» generated by and trough the encounters between transnational narratives and specific local (and cultural) settings. The concept of «vernacularization» helps us to conceive these interactions/intersections between global flows and punctual frictions. The sixth chapter introduces the main elements of the African context, starting from a sketched portrait of what we define its «radical normative pluralism». In order to cope with the complex reality of the African human rights system, we outline a historical (and political) description of the events that preceded the creation of the Organization for the African Unity, the institutional body which had the main responsibility in the consolidation of the system itself. We also examine various "legal" precedents (the so-called Lagos Law, the Universal Declaration of the Rights of Peoples and so on) which influenced the elaboration of the African Charter with their moral and political authority. Whit the seventh chapter we finally land the heart of our topic: the narrative analysis of the African Charter of Human and Peoples' Rights. After a quick identification of the focal features of the document, we approach the meaningful core of the Charter: the organic/holistic relationship between individual human rights and collective dimension of peoples' (human) rights. We split our investigation in two different but related paths: the individual/people pole and the rights/duties pole, assuming they are two dissimilar strategies to arrange this underlying "cohabitation". We also draw to several pronunciations of the African Commission of human and peoples' rights exploring the potential meanings of people and peoples' rights to clarify the official/institutional position on the subject. Anthropological and sociological studies on the ongoing modifications of collective frames of reference (the family, the ethnic group and other strategies of kinship allegiance) in contemporary Africa are employed to complete our inquiry. In the eighth chapter we (temporary) leave the African Charter in favor of other documents and protocols produced by the African system, strictly related to the «culture variable»: the Pan-African Cultural Manifesto, the Cultural Charter for Africa and the Charter for African Cultural Renaissance. After that, we approach three other texts more engaged on the promotion and protection of human rights for specific categories of people: the African Charter on the rights and welfare of the child, the Protocol to the African Charter on human and peoples' rights on the rights of women in Africa and the African Youth Charter. Our aim is to show how cultural assumptions about the subjects concerned shape or influence the normative prescriptions designed to protect them. The ninth chapter, finally, outlines a general evaluation of our analytical model trough the exploration of its weakness and its points of strength. It shows the hermeneutical advantages provided by the «gius-narrative» key, which enabled us to trace and emphasize the links between myths and foundational narratives of social groups and theirs normative constructions. It also stresses the need for a cultural study of social life of human rights, to (try to) grasp the many faces that the struggle for human rights is showing in its continuous spread around the world.

BACKGROUND: All over the world, patients die while waiting for a transplant. Facing this difficulty, countries struggle to find efficient procedures and policies. One policy that has recently been enforced in many countries is the presumed consent (opt-out) system for organ donation. In such a system, every individual is considered as a potential organ donor except in cases of expressed refusal during her or his lifetime. Based on the input of a citizen's initiative, the Swiss parliament has made a proposal for a soft presumed consent policy.It was accepted by both chambers at the national level, but will possibly be challenged by a referendum, and give rise to a public vote. OBJECTIVE: Ahead of the democratic debate, our aim was to sound out what issues are perceived as relevant by ordinary citizens when they evaluate different policies regulating organ donation. What are their main worries and decision criteria? METHODS: We conducted semi-structured taped interviews with ordinary citizens during which we asked their views on three different systems: the current opt-in system, the opt-out presumed consent system described in a soft and in a hard version, and the mandatory decision system. We analysed transcripts by coding, and grouping code families up to four levels. We achieved saturation with fifteenth interviews. RESULTS: All our participants happened to be favourably disposed towards organ donation. Participants considered it important to choose a policy that contributes to overcoming the current shortage of organs, but not by any means. They were mostly concerned about individual rights and liberties, and more specifically about the importance of respecting the deceased's will and to promote lifetime advanced directives on organ donation. The role and rights of relatives were recurrent topics on which participants expressed divergent opinions. Participants often concluded that no legal system is perfect and spent much time discussing elements that were relevant to organ donation in general but not specifically linked to a given legal system. CONCLUSION: This study provides useful information about citizens' concerns regarding organ donation. In preparation of public debates on an opt-out policy, our results reveal what issues are likely to tilt the public opinion.

El objeto de este trabajo consiste en un estudio comparado de las más recientes disposiciones sancionadoras del tráfico de órganos humanos incorporadas a la legislación de Chile y España. Para ello, se parte de la normativa que proclama el principio de gratuidad en materia de trasplantes, y se analizan las infracciones administrativas y penales previstas para sancionar, sobre todo, las conductas que se cometan en este ámbito con ánimo de lucro. Este estudio comparado permitirá conocer, por un lado, las principales notas comunes a ambos ordenamientos jurídicos, así como aquellas otras en las que divergen; y, por otro lado, los aspectos más problemáticos que plantea la aplicación de dichas normas sancionadoras. Tanto las discrepancias entre estas legislaciones como las dificultades que plantea su aplicación reflejan la complejidad para afrontar jurídicamente este problema de una forma satisfactoria. ; The objective of this paper consists of a compared study of the most recent penalty provisions about trafficking in human organs incorporated to the Chilean and Spanish legislations by assuming the regulations that proclaim the principle of free provision in the field of organ transplants, and analyzing administrative breaches and criminal offences provided in order to sanction above all the conducts committed in this area with the aim of getting economic benefit. This compared study will show, on the one hand, the main common aspects of both legal systems, as well as the divergent points; and, on the other hand, the most problematic aspects posed by the implementation of those penalty provisions. Not only the differences among those legislations but also the difficulties of their implementation reflect the complexity to satisfactorily deal with this problem from the legal point of view. ; Este trabajo se enmarca en el proyecto de investigación "Nuevos límites penales para la autonomía individual y la intimidad" (DER2011-26909/JURI) del Ministerio de Economía y Competitividad de España. La investigación se ha desarrollado gracias a una estancia de investigación en la Universidad Diego Portales de Santiago de Chile, financiada por la Beca Iberoamericana para Jóvenes Profesores e Investigadores (España 2013) del Banco de Santander (Santander Universidad).