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Kdu-Irc 2019 Proceedings of 12th International Research Conference 2019, KDU Beauty or Beast: Necessity of Having a Regulatory Mechanism on Cosmetic Surgery in Sri Lanka Danushika Lakmali Abeyrathna1# 1Lecturer (Probationary), Department of Private and Comparative Law, Faculty of Law, University of Colombo, Sri Lanka #For correspondence; <[email protected]> Abstract— People like to have a perfect figure according appearance, plastic surgery dedicated to reconstruction of to their vision of “perfection”. As per the recent statistics, facial and body defects due to birth disorders, trauma, women continue to drive the demand for cosmetic burns, and disease. procedures worldwide, accounting for 86.4% in year 2017. Breast Reconstruction, Burn Repair Surgery, Congenital There are incidents where several people have gone Defect Repair: Cleft Palate, Extremity Defect Repair, Lower through near-death experiences and even end up losing their lives while undergoing cosmetics surgeries. Some Extremity Reconstruction, Hand Surgery and Scar Revision Surgery are examples for plastic surgery. Breast have gone through many cosmetic surgeries to have their Enhancement, Facial Contouring, Facial Rejuvenation, favorite celebrity’s look and ultimately they have become defacements. Even though it is difficult to find exact Body Contouring and skin Rejuvenation can be categorised under cosmetic surgery. However, this research is focused statistics, the advertisements suggest that there are places only on cosmetic surgeries. in Sri Lanka promoted for cosmetic surgeries. If something goes wrong, they can file a civil action or lodge a complaint There are several interesting stories about the history of with the Consumer Affairs Authority and Sri Lanka Medical cosmetic surgery. Most of the writers believe that the Council based on the situation. Nevertheless, prevention is cosmetic surgery’s roots are in ancient India and Egypt in always better than cure. There should be a regulatory 2000 B.C. Firstly, some of them believe that ancient mechanism to maintain the standards and qualifications of physicians in India used skin grafts for reconstructive these places and persons conducting cosmetic surgeries. purposes in 800 B.C. Secondly, Aulus Cornelius Celsus, a The purpose of this research is to suggest a regulatory Roman medical writer who lived in Greco-Roman period, mechanism for cosmetic surgery in Sri Lanka. For this wrote a De Medicina which included surgical methods of purpose, the research will focus on three basic issues; reconstructing ears, lips and noses. reasons and trends behind cosmetic surgeries, remedies for mistaken cosmetic surgeries, and reasons for having a Then, throughout the early Middle age, constructive regulatory mechanism. The research methodology is based surgery continued, but, Pope Innocent III declared that on existing domestic and foreign legislation, academic surgery in any form prohibited under the church law. articles, case laws and reports by recognized Again with Renaissance, surgery technics were developed organizations/institutions mainly in Sri Lanka, USA, UK and with the science and technology. Serafeddin Sabuncuoglu Brazil. In conclusion, the research will recommend a proper wrote an Islamic text named Imperial Surgery in fifteenth- regulatory mechanism on cosmetic surgeries in Sri Lanka. century included material on maxillofacial surgery and eyelid surgery. According to literature, there was a Keywords— Cosmetic Surgery, Civil Action, Regulatory protocol for the treatment of gynecomastia which is Mechanism. believed as a root of modern method of surgical breast reduction. I. INTRODUCTION When it comes to the modern cosmetic surgery, there is a Most of the people confuse the words ‘plastic surgery’ and paper entitled ‘The Deformity Termed Pug Nose, and Its ‘cosmetic surgery’. Even though both cosmetic surgery Correction by a Simple Operation’ written by John Roe of and plastic surgery deal with altering a patient’s body, the Rochester published in 1887. Hence, it can be argued that overarching philosophies guiding the training, research, cosmetic surgery is not a new concept of modern and goals for patient outcomes are different according to introduction, but one that has existed and evolved the “The American Board of Cosmetic Surgery” (ABCS). throughout centuries. These two terms have different goals. While the procedures, techniques, and principles of cosmetic II. METHODOLOGY surgery are entirely focused on enhancing a patient’s 756 Proceedings of 12th International Research Conference 2019, KDU The research will analyze the primary and secondary data Procedure Procedure from Sri Lanka, USA, UK and Brazil where access to data is s s possible. International and national sources will be USA 1,562,504 294,396 4,310,180 18.4% examined. USA, UK and Brazil selected as comparative jurisdictions since USA and UK has some kind of regulatory Brazil 1,466,245 961,290 2427,535 10.4% mechanism to regulate cosmetic surgery practices. Brazil Japan 294,396 1384214 1678610 7.2% was chosen because it has recognized ‘right to beauty’ which has a dark side too. By looking at these three Source: ISAPS report 2017 different jurisdictions Sri Lanka will be able to learn good practices regarding this emerging area of law. According to the ISAPS the world’s most popular cosmetic procedure is breast augmentation. The liposuction is the III. RESONS AND TRENDS BEHIND THE second and the third place goes to eyelid surgery. COSMETIC SURGERIES However, the existing issue is that plastic surgeries have Table 2: The Most Popular Cosmetic Surgical Procedures become more common among the people, and a method that is most often resorted to in increasing numbers. Procedure Number of surgeries A. Reasons Breast Augmentation 1,677,320 One of the reasons to go through cosmetic surgery one’s desire to be in line with socially accepted standards of Liposuction 1,573,680 beauty. They think that their appearance is not perfect Eyelid Surgery 1,346,886 according to their vision of “perfection”. Hence, they want to have a better look than they own now and go through Source: ISAPS report 2017 cosmetic surgeries. It can be argued that self-esteem and life satisfaction play a major role in cosmetic surgery. Furthermore, the report illustrates the fastest growing For some, it is about emulating the look of their celebrity cosmetic procedures. Accordingly, Vaginal Rejuvenation idols. There was a popular incident called 'Zombie (including Labiaplasty) showed the largest increase Angelina Jolie', where an Iranian girl named Sahar Tabar from2016 and it is 23%. Lower body lift increased by 22% (19 years old) went through fifty surgeries to have the look and the Buttock Lift increased by 17%. The biggest of her favourite actress Angelina Jolie. decrease showed by Facial Bone Contouring with 11% in Another reason for cosmetic surgery is social attraction. 2017. People with low self-rated attractiveness try to attract When it comes to gender disaggregation, women demand people by changing their appearance. Studies done by more cosmetic surgeries than men and it is accounting for Langlois et al, suggest that people are differently treated 86.4%. There are 14.4% male cosmetic patients and it is a according to their physical appearance. Based on this, it slight increase from 2016. Eyelid surgery, Gynecomastia can be argued that the people undergo cosmetic surgeries and Rhinoplasty are the most popular cosmetic surgeries to get more attention, and consequently, better social among men. acceptance. III. ACTIONS CAN BE TAKEN UNDER THE Recent studies done by Brown et al illustrated two more EXISTING LEGAL REGIME FOR MISTAKEN factors which motivate people to undergo cosmetic COSMETIC SURGERY surgeries. Those factors are religious beliefs and media Unfortunately, there are times where all the cosmetic consumption. Accordingly, cosmetic surgeries are popular surgeries may not yield the expected results. Different among females with little religious beliefs who were heavy countries have adopted various laws and regulations to television watchers. address this issue. In this section, the researcher will only B. Trends address the situation in Sri Lanka and the remedies which According to the International Society of Aesthetic Plastic are available for the cosmetic patient or the consumer. Surgery (ISAPS) report 2017, USA, Brazil, Japan are the top Mainly, there are three remedies which can address the three countries for cosmetic surgeries. situation. Firstly, complaint to the Sri Lanka Medical Council (SLMC). Secondly, lodging a complaint at the Table 1: Ranking of the World’s Top Eight Countries for Consumer Affairs Authority (CAA). Finally, filing a Civil Cosmetic Procedures Action in a District Court based on professional negligence under law of delict. Total Total Total World Cosmetic Non- Procedure wide Surgical s A. Complain to the SLMC 757 Proceedings of 12th International Research Conference 2019, KDU Ceylon Medical Council (CMC) was established under the District Court under medical negligence. In simple terms, Medical Council Ordinance No. 24 of 1924 and then the medical malpractice or medical negligence denotes the name was amended as SLMC by the Medical (Amendment) breach of duty of care by a doctor towards a patient. This Act No. 40 of 1998. Protection of the public and the uphold could happen by an act of commission or omission and the the reputation of medical profession are the main duties could cause damage to the patient. of the council. For this purpose, Council
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