I've long had a facinataion with Gunther von Hagens'
Body Worlds Exhibit, and from the initial information about the exhibit, I really wanted to see it, and now that his secondary exhibit is in Toronto, I could go see it. Recently though, Articles have been printed in local papers claiming that the human remains presented are of people who did not give their own consent, but are often those of prisoners, patients with no living relataives, or patients of mental health facilities. I have to admit that I'm deeply disturbed by the idea that these may be the bodies of those who did not give their personal consent, and am starting to think I'm not in favor of the exhibition. So I checked if there were any statements released by von Hagen, and his sight has this news release:
With regard to the accusation that Gunther von Hagens obtained corpses from dubious sources, there is no evidence of the unauthorized removal of bodies or of the body parts of deceased persons from the custody of those entitled as defined by §168 para.1, alternative 1 of the StGB. A criminal offence of this nature only arises if the actions are taken against the will of persons entitled to and exercising custody of the corpse. The law defines persons entitled in this respect prior to the funeral as normally being the next of kin. However, in such cases the next of kin are not always identical with those persons entitled to custody; relatives of the deceased are only in fact custodians of the corpse if they actively assert their custodial rights. If someone dies in a hospital or other institution, for example, of if relatives are not present, custody is – at least initially – governed by the principle of the “coincidental custody” of the relevant institution. In the present case, Gunther von Hagens was said to have obtained corpses from state institutions in Kyrgyzstan such as the Medical Academy in Bishkek, from a prison camp, from hospitals, prisons and psychiatric institutions as well as from police authorities and, with their consent, similar institutions exercising “coincidental custodian” rights in China. Even if these persons may have disposed of corpses in an illegal manner, this would not fulfil the definition of unauthorized removal specified by §168 para. 1, alternative 1 of the StGB, and there are therefore no grounds for pursuing criminal charges in Germany.
What do you think - doesn't it seem that they're arguing a technicality? Yeah, it's not against the law since the organizations who held claim to the bodies gave consent, but there's no indication that the actual people who have been disected and put on display had any say in what happened to their remains, and this really upsets me. Just because something's legal doesn't mean it's ethical, does it?
On top of all this, from von Hagen's own sight, there is a release noting that it has been suggested that his father, who works with him to process the bodies, and who is a former member of (German) SS, Gerhard Liebchen, was responsible for war crimes committed during the Second World War. The site notes that it has been decided that there will be no investigation by the Institute of National Memory in regard to these accusations, but again, what are the ethics behind being a former member of the SS, who now participates in the procurement and dissection of bodies for display purposes?
Further to that, in von Hagen's article on the anonymity of his subjects, he states that
it eliminates any legal problems that might result from the survivors' permanent rights of disposition.
So, he's intentionally concealing the indentity of the subjects because he wishes to prevent the surviving relatives for their rights? This is even more disturbing to me. If my mother, who is mentally ill, was to go missing, get insitutionalized and die in the institution, I would want to put her to rest. Even if I only found out a year later, I don't see why this wouldn't give me the right to make my own decision in this regard, and von Hagen's assertion seems very dubious to me. Certainly if I or one of my family memebers was to dontate their body to this process, I would desire to have some word in regard to the dignity of how the body was processed, handled and presented, and I consider von Hagen's failure to recognise this quite upsetting.
While I look at the images on the site and think that many are presented beautifully, and was fully prepaired to shell out some serious chedder to see the display, I now can't see them without thinking that that person I am looking at may have been a mental patient who had no peace in their life, and is now being used, on display, in a way that he or she may not have wanted. I don't know, I just don't think it's appropriate that these people are marginalized for their whole life, then without their own consent, can end up with thier corpses put on display.