BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

the parts of the human body which can be painlessly removed without anaesthesia and which are naturally restored (e.g. hair); such body parts may be relinquished to another, even for remuneration, and are considered to be a movable thing. 11 The principle of extra-commerciality of the human body is further embodied and regulated in several special acts which prohibit financial gain 12 and include a specific provision on the admissibility of compensation of donors’ reasonably, economically, and demonstrably incurred costs related to donation. 13 3. Current practice There may be several identifiable practices taking part in the Czech Republic that might be considered questionable from the perspective of the above-mentioned legal regulation. Even though more of them could be analysed (e.g. the gamete donation or the rather uncommon cases of surrogacy), we will now briefly introduce only two interesting examples of relevant practices. 3.1 Blood plasma donation The practice of blood plasma donation is relatively widespread in the Czech Republic as well as in many other developed countries. Plasma-derived medicinal products form a wide variety of medicines that are used, for example, in treatment of immunodeficiency disorders 14 or haemophilia. 15 Blood plasma, therefore, represents a valuable resource for pharmaceutical companies from which the private donation centres may benefit. In order to motivate the donors, these centres are using financial incentives for the donors, disguised as compensations so the breach of law is avoided. Section 32 (2) of the Act No. 373/2011 Coll., on specific health services , states that reasonably, economically, and demonstrably incurred costs related to the donation of blood for the purpose of manufacturing of blood derivatives or the use in humans are compensable up to 5% of the minimum wage (the 5% of the minimum wage in 2018 makes 610 CZK which is approximately 23 EUR, or 27 USD). The donors are allowed to donate plasma every 14 days so they can be compensated up to 1.220 CZK each month. 11 See (in the Czech language) ŠUSTEK, P.: Právní status lidského těla a jeho částí. In: Šustek, P., Holčapek, T. (eds.), Zdravotnické právo, Praha: Wolters Kluwer, 2016, p. 393. 12 See Section 28 (1) of the Act No. 285/2002 Coll., Transplantation act. 13 See Section 7 (1) b) of the Act No. 296/2008 Coll., on human tissues and cells, Section 11 of the Act No. 373/2011 Coll., on specific health services (regarding gamete donation), or Section 28b of the Transplantation Act (regarding organ donation). 14 See for example SHELLEY, S.: Immunoglobulin (IG) drives the blood-plasma therapeutics market, PharmaceuticalCommerce, 4April2016.http://pharmaceuticalcommerce.com/brand-marketing-communi cations/immunoglobulin-ig-drives-the-blood-plasma-therapeutics-market/, accessed 9 December 2017. 15 See for example LIRAS, A., GARCÍA-TRENCHARD, R.: Treatment for haemophilia: recombinant versus plasma-derived coagulation factors – controversy and debate forever? An ethical medical challenge? Expert Review of Haematology, 2013, Vol. 6, No. 5, pp. 489-492. http://www.tandfonline.com/doi/full/1 0.1586/17474086.2013.834798/, accessed 9 December 2017.

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