The UK National Health Service’s 'innovation agenda': lessons on commercialization and trust

The UK National Health Service (the 'NHS'), encouraged by the 2011 report Innovation Health and Wealth, Accelerating Adoption and Diffusion in the NHS, and empowered by the Health and Social Care Act 2012, is in the process of adopting a new agenda for stimulating innovation in healthcare. For this, the bodies, body materials, and confidential health information of NHS patients may be co-opted. We explain why this brings the NHS into a moral conflict with its basic goal of providing a universal healthcare service. Putting NHS databases at the disposal of industry, without addressing ethical concerns regarding the privacy, autonomy, and moral integrity of patients and without requiring a 'kick-back' to enhance the service that the NHS provides, is inappropriate. As this article shows, with reference to the commercial arena of direct-to-consumer genetic testing, it is crucial that patient and public trust in the NHS is not eroded

Assessing the morality of the commercial exploitation of inventions concerning uses of human embryos and the relevance of moral complicity

In late 2008, the Enlarged Board of Appeal of the European Patent Office (EPO) reached a decision supporting the rejection of a patent application on human embryonic stem cells filed by the Wisconsin Alumni Research Foundation (WARF). This article comments on some of the shortcomings of the decision. The key legal provisions at issue in this case were Rule 28(c) EPC, which forbids the granting of patents in respect of biotechnological inventions which concern uses of human embryos for industrial or commercial purposes, and Article 53(a) EPC, the morality provision of the European Patent Convention. The Board rightly found the Rule to exclude WARF’s claims (but, we argue, left a “deposit loophole”). However, one of the issues the Board had to address was whether the Rule might not apply because it extended the scope of prohibited subject matter beyond that prohibited by the Article. We argue that, unless the Article had been found to exclude patentability, the applicability of the Rule could not be determined. Even though at the oral hearing before the Board, both WARF and the EPO President identified the question whether the Article (the morality provision) constituted a barrier to patentability as the core issue in this case, the Board astonishingly decided that this question did not need answering (even though the Board did hint at the basis for the answer). We argue that this is a major shortcoming of the decision. Finally, we comment on the relevance of moral complicity to the question of patentability

Something more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents?

In a recent decision (AMP v. USPTO) from the US District Court, patent claims directed at DNA sequences corresponding to human genes and to diagnostic tests based on such genes have been found to be invalid, primarily on the basis that the DNA molecules claimed, which included cDNA, primers and probes, are 'products of nature' and are thus unpatentable. If upheld, this decision will have considerable impact on the ability of biotechnical companies and universities to patent the results of their research. In this article, we will explain the basis for this decision and discuss the appropriateness of patenting discoveries and their (obvious) uses in the light of this fascinating case. While our focus will primarily be on the product claims, diagnostic method claims were also revoked in AMP v. USPTO on the basis that they were for mental acts or did not involve any 'transformation of matter'. This will be discussed in the light of the recent US Supreme Court decision in Bilski v. Kappos, which focused on the patent-eligibility of process claims

From Conflict to Common Ground: Why anti-trafficking can be compatible with challenging the systemic drivers of everyday abuses

Response to the ATR debate proposition ‘It is worth undermining the anti-trafficking cause in order to more directly challenge the systems producing everyday abuses within the global economy.

Introduction to the special edition ‘Child sexual abuse: analysis and intervention’

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War, Displacement, and Human Trafficking and Exploitation: Findings from an evidence-gathering Roundtable in Response to the War in Ukraine

Millions of people have been displaced following Russia’s invasion of Ukraine in February 2022. Despite increasing concerns about the associated risks of human trafficking and exploitation, evidence remains sparse. To address this gap, and explore relevant experiences and perspectives, we co-convened an international online roundtable together with the UK’s Independent Anti-Slavery Commissioner. The roundtable addressed emergent issues, key concerns and recommendations, with a particular focus on the UK’s response to people fleeing Ukraine. Over one hundred people from various professional backgrounds including healthcare, lawyers, charities, law enforcement, policy makers and academics participated. Qualitative thematic analysis identified five major themes: 1) conflict can create and compound opportunities for trafficking and exploitation; 2) the UK’s visa-based response to Ukrainian refugees lacks clarity, resourcing and accountability; 3) information gaps and overloads, both for people seeking sanctuary and those supporting them, can exacerbate risks of trafficking and exploitation; 4) insecurity, fear and the broader political climate around immigration and asylum create challenging conditions to respond; and 5) longer-term strategic planning around displaced Ukrainians is vital but appears lacking. Here, we discuss the key findings from the roundtable, situating them within the broader literature and reflecting critically on their implications for evidence-gathering, research, policy and practice

Everyday atrocities: does internal (domestic) sex trafficking of British children satisfy the expectations of opportunity theories of crime?

In this study we examine the internal (domestic) sex trafficking of British children using unique data from six major police investigations. This particular type of internal sex trafficking (sometimes known as ‘street grooming’) has been popularly conceptualised as a highly sophisticated, skilled and well-organised phenomenon. This study shows that this characterisation does not withstand empirical scrutiny. Instead, the routine activities and everyday associations of both offenders and victims are shown to play key roles in facilitating, sustaining and spreading the abuse. While the criminal acts associated with internal child sex trafficking can be atrocious, the people, places and processes involved are shown to be far from exceptional. In this respect, the results may be unsettling: they undermine explanations of an emotive crime that rest on reassuring but ultimately naïve errors of attribution. We argue that it is important, however, that preventative strategies are underpinned not by sensationalised narrative and untested assumptions but by sober and robust assessments of appropriate empirical data. The paper contributes to the theoretical and empirical literature on opportunity theories of crime, on human trafficking and on child sexual abuse/exploitation. While the sample size is not especially large (55 offenders and 43 victims), this study helps to expand a sorely limited knowledge base on a topical threat. It is also distinguished by its hard-to-access data and novel analytical approach. The work is likely to interest a broad and international audience of academics, practitioners and policy makers concerned with crime prevention and child protection

Professionals' Views on Responding to County Lines-Related Criminal Exploitation in the West Midlands, UK

While certainly not a new phenomenon, the exploitation of children and vulnerable adults in ‘county lines’ drug distribution and sales now attracts considerable attention and concern. In this study, we explored professionals' perspectives on understandings of and responses to this issue in the West Midlands, UK. We conducted in-depth interviews with 11 participants from policing, prosecution, government and the third sector. Participants typically saw county lines-related exploitation as insufficiently understood, especially where individuals are both victimised and commit offences are concerned. They also characterised responses as hampered by factors such as variable use of legislation, inconsistent intelligence sharing and insufficient resources – particularly to support vulnerable people. More robust multiagency collaboration could help address these issues, although it also involves challenges. Our exploratory study focuses on criminal justice responses to county lines-related exploitation in particular, a relatively narrow set of professionals and one specific geographical location, meaning findings must not be overextended. Nevertheless, it provides novel insights into a complex, important and understudied phenomenon. We situate the work against the broader literature on exploitation, drawing parallels with child sexual exploitation and ‘modern slavery’ that could inform further research