Organ donation has become a hot political topic in the UK recently. Wales introduced new rules in December that would presume permission for organ donation after death (excluding any right of refusal from family members), putting it on par with Austria and Spain. The Scottish Parliament and Northern Ireland Assembly have both been debating private member's bills containing similar proposals in recent weeks. However, the Scottish bill Rejected Meanwhile, in Northern Ireland killed At the committee stage.
Both countries will for the time being maintain existing English rules requiring donors' explicit consent, but the Scottish government Promising A bill has been tabled that would introduce presumed consent if elected in May; talk Another proposal for Northern Ireland. We can only hope that they do not do so. Both countries should be extremely wary of such plans.
Presumed consent is a dubious concept. If consent were not important to justify using deceased organs for transplantation, then there would be no need to talk about opting in or out of organ donation at all. Just remove such organs and use them for the benefit of the living. For example, if you are investigating a murder case, you will do whatever you think would be useful to the corpse, regardless of the wishes of the deceased or their relatives.
DCW Creations
But where consent is crucial and organ removal cannot be justified without it, consent needs to be treated with appropriate seriousness. Consent must be given clearly, unquestioningly, consciously and actively. Contrary to the position in Wales, our relatives cannot consent on our behalf. Indeed, neither can our friends. Their thoughts about our wishes, even if true, are irrelevant. Telling a friend that you want to donate your organs is not the same as consenting to their organ donation, just as, for example, telling a friend that you want to have sex with someone is not the same as consenting.
Imagine there was another referendum on Scottish independence, and the Scottish Government proposed an opt-out system of presumed consent. Would anyone opposed to independence seriously accept that abstentions should number as many as no votes? Assuming they don't, then taking a different view on organ donation would arguably be to claim that you support an opt-out system of presumed consent only if you agree with the expected outcome.
It's all because of my relatives
Presumed consent is popular because: Not enough organs Available for transplant (though UK statistics show still The main causes of organ shortages are it is Doctors choose to consider the wishes of the deceased, despite their expressed consent during their lifetime, and this is why we are subjected to such absurd and disrespectful procedures. Promotional campaign Discuss with our next of kin our wishes regarding the use of our remains after our death.
Nauma
Imagine a situation in which a deceased woman has consented to the use of her organs and tissues. Suppose that several people would be able to live if her wish were granted. Suppose that many of these people's relatives would be heartbroken if their loved one died. Suppose that one of the woman's relatives expresses a strong aversion to her body being used for medical purposes.
There is no clear ethical, common sense, or legal basis for allowing this particular relative to exercise a de facto veto. For example, why should his feelings take precedence over those of the relatives of potential recipients? Why should their feelings take precedence over the feelings of those potential recipients themselves? And, more importantly, why should their feelings take precedence over the feelings the deceased woman had when she was still alive? Grieving relatives of a deceased patient should not be treated as patients' proxies, no matter how much sympathy they may have received from the medical staff at the scene.
it is He claimed If there was a system of presumed consent, attitudes towards posthumous organ donation would change, and surviving family members would feel less hesitant to approve organ donation. This is not just speculation. It is irrelevant. The opinions of surviving family members can and should be ignored.
Moreover, it is not the job of politicians or the role of criminal law to change our attitudes. Politicians are there to regulate our behavior by laying down appropriate rules with the threat of legal sanctions. Politicians should not tinker with such rules simply because they don't like the outcome. If the rules and procedures regarding posthumous organ donation are reasonable, fair, and equitable, we should be prepared to maintain them no matter how many or few organ transplants there are.
