Human Research Act (HRA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 36 Consent
1 Research may be carried out in deceased persons if, before their death, the persons concerned consented to the use of their body for research purposes. 2 If no documented consent or refusal of the deceased person is available, the body or parts thereof may be used for research purposes if consent is given by the next of kin or by a trusted person designated during the lifetime of the deceased person. 3 The consent of the next of kin or the trusted person is governed by Article 8 of the Transplantation Act of 8 October 2004. 4 In the case of deceased persons whose death occurred more than 70 years previously, research may be carried out without consent being given as specified in paragraph 2. If such research is opposed by the next of kin, it may not be carried out.
Para. 3 — SR 810.21
Art. 37 Additional requirements
1 A research project may be carried out in deceased persons when their death has been determined. 2 A research project may be carried out in deceased persons undergoing artificial respiration if, in addition to the requirement specified in paragraph 1, equivalent findings cannot be obtained with deceased persons not undergoing artificial respiration. The Federal Council may specify further conditions. 3 Anyone who carries out a research project in accordance with paragraph 2 must not have been involved in the determination of death or be authorised to issue instructions to the persons involved in this procedure.
Art. 38 Research in connection with an autopsy or transplantation
Small quantities of bodily substances removed in the course of an autopsy or transplantation may be anonymised for research purposes without consent, in the absence of a documented refusal of the deceased person.