scholarly journals Is Post-Mortem Organ Donation a Duty Towards Society and Can It Be Justified by Public Interest? Recent Bills to Amend the German Transplantation Law

2020 ◽  
pp. 53-65
Author(s):  
Martyna Łaszewska-Hellriegel
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Public Interest ◽  
Transplantation Law ◽  
Opt Out ◽  
German Constitution ◽  
Deceased Donors ◽  
German Bundestag ◽  
Transplantation System ◽  
German Transplantation Law

The issue of organ donation from deceased donors remains unsatisfactorily resolved in Germany. The number of donors has remained very low in recent years. Consequently, the German Bundestag was holding a debate on two MP bills aimed at amending the organ transplantation law. Two main bills were presented by different groups of MPs. The more controversial of them, supported by the Minister of Health, tried to introduce the opt-out model into Germany’s organ transplantation system. The second one aimed to improve the existing opt-in model. During the final voting, the Bundestag decided against the opt-out model and in favour of the improved opt-in one. In some experts’ eyes, an opt-out model imposes an obligation on the citizens to donate an organ after brain death. Can such a duty to the society be justified by public interest or other principles? The goal of this article is to offer an answer to this question by analysing the provisions of the German constitution.

Transplantationsmedizinrecht

2019 ◽  
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Point Of View ◽  
Post Mortem ◽  
Legal Basis ◽  
Lively Discussion ◽  
Transplantation Medicine ◽  
Law And Politics ◽  
Opt Out ◽  
German Bundestag

Transplantation medicine is one of the most ethically and legally controversial areas of medicine. In Germany, its legal basis is contained in the Transplantation Act, which has been strongly criticised in various respects. For years, law and politics have discussed how the number of donor organs can be increased. Within the framework of post-mortem organ donation, an opt-out system has been under consideration for some time, which is intended to replace the opt-in system currently in force in Germany. Due to the proposed legislation, a lively discussion is to be expected in the German Bundestag from autumn 2019 on. The publication offers an interdisciplinary outlook on the future of transplantation medicine, also beyond national borders, to Austria. In particular, the opt-out system will be analysed from a medical, constitutional, medical-ethical, moral-theological and health-sociological point of view. In addition, the publication contains contributions from the practice of the German Foundation for Organ Transplantation (DSO) and from Eurotransplant. With contributions by Prof. Dr. Matthias Anthuber und Dr. Florian Sommer, Prof. Dr. Erwin Bernat, Prof. Dr. Heiner Fangerau, Prof. Dr. Friedhelm Hufen, Prof. Dr. Alexandra Manzei, Dr. Axel Rahmel, Prof. Dr. Kerstin Schlögl-Flierl, Prof. Dr. Ulrich Schroth, Serge Vogelaar, MD

Preliminary Marked Increase in the National Organ Donation Rate in Israel Following Implementation of a New Organ Transplantation Law

2012 ◽  
Vol 13 (3) ◽  
pp. 780-785 ◽  
Author(s):  
J. Lavee ◽  
T. Ashkenazi ◽  
A. Stoler ◽  
J. Cohen ◽  
R. Beyar
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Donation Rate ◽  
Transplantation Law

scholarly journals Applicability of Islamic Methodology Concerning Novel Issues to the Organ Transplantation in Religious Scholars’ Contemporary Discourse

Religions ◽  
2021 ◽  
Vol 12 (9) ◽  
pp. 670
Author(s):  
Faroque Amin
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Public Interest ◽  
Formative Period ◽  
Islamic Theology ◽  
Contemporary Issue ◽  
Theological Discourse ◽  
Local Norms ◽  
Early Formative ◽  
Muslim Scholars

Classical Islamic theology has laid down a meticulous and intricate methodology of dealing with novel issues from theological perspectives; to understand and actualise religious viewpoints regarding any matter or event that did not take place during the early formative period of Islamic Shari’ah, i.e., the lifetime of the Prophet (S.). During the later formative period, classical Islamic scholars developed several principles such as Qiyas (analogical deduction), Ijma’(consensus), Istihsan (public interest), ‘Urf (local norms) and so on, that all together would build the construct of the concept of Ijtihad (independent interpretation), and which would be carried out by competent religious scholars. Organ transplantation, of which organ donation is a conceptual component, is a contemporary issue that was not familiar among Muslim scholars in the early era. Therefore, it is the contemporary religious scholars’ responsibility to address this matter and bring Islamic judicial inference into the discussion. In doing so, some of the scholars differ in opinions. This paper aims to offer an introductory survey of the religious viewpoints on this issue, as presented by leading scholars from different schools of thought. This study will also include the judicial principles they have adopted in reaching those opinions. By doing so, this paper will introduce an overview of current and ongoing theological discourse on the matter of organ transplantation and donation.

scholarly journals Organ Transplant in Present-Day Japan: Reasons behind Low Numbers of Deceased Donors

Diametros ◽  
2021 ◽  
pp. 1-24
Author(s):  
Justyna Magdalena Czekajewska ◽  
Aleksandra Jaworowicz-Zimny
Keyword(s):  
Brain Death ◽  
Organ Donation ◽  
Organ Transplantation ◽  
Organ Transplant ◽  
The Third ◽  
Religious Influences ◽  
The Family ◽  
Cultural Determinants ◽  
Deceased Donors ◽  
Human Death

According to the International Register of Organ Donation and Transplantation, Japan is one of the countries with the lowest number of registered deceased donors. In 2019, Japan was ranked 61st out of 70 countries. The authors of this article have decided to explore the reasons for this phenomenon. In the first part of the work, religious influences (Shinto and Buddhism), the tradition of gotai manzoku, the importance of altruism and the family in the perception of death and organ transplantation by the Japanese are considered. The second part of the article presents the arguments of Alan Shewmon, who believes that brain death is not death in the biological sense. Undermining the brain’s death criterion raises doubts concerning death of patients in irreversible coma, what in result discourages transplantology in Japan. In the third part, the authors compare the results of JOTN, IRODaT and the Fact Book of Organ Transplantation 2018 in Japan from 2010 to 2018. The aim of the article is to explain the cultural determinants of transplantology in Japan, taking into account the influence of philosophical and bioethical aspects of human death.

Marked Increase in National Organ Donation Rate Following Implementation of a New Organ Transplantation Law

2012 ◽  
Vol 94 (10S) ◽  
pp. 158 ◽  
Author(s):  
J. Lavee ◽  
T. Ashkenazi ◽  
J. Cohen ◽  
R. Beyar
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Donation Rate ◽  
Transplantation Law

Successful Organ Donation From Brain Dead Donors in a Chinese Organ Transplantation Center

2011 ◽  
Vol 11 (10) ◽  
pp. 2247-2249 ◽  
Author(s):  
W. G. Sui ◽  
Q. Yan ◽  
S. P. Xie ◽  
H. Z. Chen ◽  
D. Li ◽  
...  
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Brain Dead ◽  
Transplantation Center

Doubts and Misconceptions Concerning Organ Transplantation and Their Influence on One’s Attitude Towards Organ Donation - The Problematic Background of Social Education. A Report From Poland

2015 ◽  
Vol 34 (4) ◽  
pp. S315
Author(s):  
E. Nowak ◽  
R. Pfitzner ◽  
P. Koźlik ◽  
A. Kozynacka ◽  
L. Durajski ◽  
...  
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Social Education

scholarly journals Ethical Issues of Organ Transplantation in Islam

1970 ◽  
Vol 21 (1) ◽  
pp. 97-103
Author(s):  
M Mostafa Kamal
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Islamic Law ◽  
Ethical Issues ◽  
Ethical Framework ◽  
Value Systems ◽  
Proxy Consent ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Impact

Scientists and clinicians must become familiar with the factors that affect the emotional, physical, and spiritual health of their patients that are outside the ken of the traditionally dominant value systems. Although many researchers have addressed the cultural and ethnical factors, very few have considered the impact of religion. Islam, as the largest and fastestgrowing religion in the world, has adherents throughout the world, presents a complete moral, ethical, and medical framework, while it sometimes concurs conflicts with the conventional and secular ethical framework. This paper introduces to the Islamic principles of ethics in organ transplantation involving human subject to address issues of religion and religious ethics. Historical reflections are discussed as to why Muslim thinkers were late to consider contemporary medical issues such as organ donation. Islam respects life and values need of the living over the dead, thus allowing organ donation to be considered in certain circumstances. The sources of Islamic law are discussed in brief to see how the parameters of organ transplantation are derived. The Islamic perception, both Shiite and Sunni, is examined in relation to organ donation and its various sources. The advantages and disadvantages of brain dead and cadaveric donation are reviewed with technical and ethical considerations. The Islamic concept of brain death, informed and proxy consent are also discussed. The concept of rewarded donation as a way to alleviate the shortage of organs available for transplantation is assessed.    doi: 10.3329/taj.v21i1.3230 TAJ 2008; 21(1): 97-103

Proposals for opt-out organ donation launched for England

BMJ ◽  
2017 ◽  
pp. j5764 ◽  
Author(s):  
Gareth Iacobucci
Keyword(s):  
Organ Donation ◽  
Opt Out

scholarly journals MO1040KNOWLEDGE, ATTITUDES AND PERCEPTION OF ORGAN DONATION BY STUDENTS IN MEDICINE

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
Imane Failal ◽  
Sanae Ezzaki ◽  
Rania Elafifi ◽  
Naoufal Mtioui ◽  
Salma Elkhayat ◽  
...  
Keyword(s):  
Medical Students ◽  
Organ Donation ◽  
Organ Transplantation ◽  
Arab World ◽  
Developed Countries ◽  
Cross Sectional Study ◽  
Bodily Integrity ◽  
Cross Sectional ◽  
Attitudes And Perceptions ◽  
The Developed Countries

Abstract Background and Aims Organ transplantation is a treatment option to millions of patients worldwide. In this area, Morocco lags far behind the developed countries and even compared to some countries in the Arab world. The objective of this study is to assess the knowledge; social attitudes and perceptions of donation and organ transplantation by medical students. Method This is a cross-sectional study descriptive and analytical target held in the Faculty of Medicine and Pharmacy of. Results 320 medical students were surveyed. The mean age was 21.5 ± 2.32 years, with a female representing 78%. Almost all surveyed students knew the lethal diseases requiring the use of the graft (99.8%) and 97% of them knew the transplantable organs. 92% had heard of the possibility of organ transplants in Morocco, 90% of students felt that there are many people in need of transplants 87% of students were aware of the existence of legislation governing organ donation in Morocco. Only 7% thought that acts of donation and transplantation of organs are performed in private clinics, 89% of respondents know that there is a book in which one can register to make known its agreement to give its organs after death, 81% do not know the steps to register for this registre.97% were for organ donation and causes of refusal were: religion and the attainment of bodily integrity Conclusion There has to be targeted actions in order to promote donation and transplant in Morocco in order to enhance knowledge and information on medical, religious and legal order that the attitudes and perceptions of the population live.

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