ABSTRACT

The divide between therapy and enhancement, although highly contended, can also influence the legal status of body implants once they are inserted into the body. An argument can be made, which has already proved to be successful in courts, that technological artefacts that function as therapeutic aids deserve the same treatment as body parts. The same legal reasoning however, cannot equally apply to other types of devices that do not assist essential capabilities related to the fundamental rights to health or bodily integrity.