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Jannet Vaessen from Law for Health and Life investigated what research has been done and still is needed to understand what the role is of law and policy practice to ameliorate the persistent blind spots in biomedical science regarding diverse bodies, with a specific focus on sex-based medicine. This research was conducted with support of a strategic research investment of the Law Faculties research fund. The literature study titled ‘Diverse Bodies, the Dynamics Between Medical Science and Law,’ lays the foundation for further research that will explore the dynamics between biomedical science and law.

From "Diverse Bodies" to "Sex-Based Medicine" 


‘As I started reviewing the literature I found that the term of “Diverse Bodies” does not truly capture the problem of "sex-based medicine" in the way it is currently approached in research, Vaessen explains. ‘Sex-based medicine is actually an essential prerequisite in the more precise practice of  medicine, a goal also pursued by Dutch researchers and policymakers.’

Barriers to implementation 


Vaessen found that there is however still a significant gap between existing laws and regulations in the Netherlands and the actual application of sex and gender aspects in biomedical research abroad. In the literature she found a number of barriers have been identified that explain the persisting gap between policy, law and practice, such as: belief, attitude, and knowledge. Furthermore Vaessen found that leadership, terminology, knowledge, and training are also all described as in need improvement. This preliminary research aligns with a growing knowledge agenda in the field of medicine itself. In the Netherlands, ZonMw, the financier of medical research, is examining the state of affairs within their own programme.

Copyright: UvA
Research shows that both scientists and policymakers play a crucial role. The question is: at what point does responsibility lie with whom? And are they aware of each other's roles? Jannet Vaessen, Senior Research Fellow at Law for Health and Life

The power of an interdisciplinary consortium 


For further developing a further research agenda Vaessen emphasizes the need for collaboration between researchers and policymakers in an interdisciplinary consortium. "Research shows that both scientists and policymakers play a crucial role. The question is: at what point does responsibility lie with whom? And are they aware of each other's roles? Within Law for Health and Life, we aim to analyze the dynamics between regulation and practice in different stages of biomedical research, in collaboration with health professionals and policymakers. We also are convinced that this research agenda would benefit from a historical component. What legal doctrines, such as informed consent, patient rights, and liability, can contribute to embedding sex-based medicine? We hope that combining disciplines will yield new insights." 

The next steps 


In continuation of this first preliminary research to carve out a new research line, the Foundation Voor Vrouwen Door Vrouwen has committed their support to jumpstart a research on how to ensure the policy-relevance of this new line of research through an interview-study with  biomedical scientists in the coming months to further define the case and research questions.  ‘These first steps to explore research really provide us with the seed-support to elevate this line of research into a fully-fledged programme’ Jannet explains. ‘Today we mark the occasion international Womens’ Day, we need to remember that access to high quality care is a right that should be equally attainable for all people, hopefully we can help in making that happen!’