scholarly journals ‘Pass it on’ - New Organ Donation Law in England May 2020

The Physician ◽  
2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Sunil Daga ◽  
Rakesh Patel ◽  
Dane Howard ◽  
Kirit Mistry ◽  
Veena Daga
Keyword(s):  
Health Policy ◽  
Organ Donation ◽  
Cultural Sensitivity ◽  
Legal Status ◽  
Next Of Kin ◽  
Presumed Consent ◽  
Lack Of Information ◽  
Life Saving ◽  
The Gift ◽  
The Uk

Editorial Commentary From 2020, a new legislation comes into force in the UK providing legal status to the concept of presumed consent, extending this from Wales. In essence, consent for organ donation will be assumed unless the donor had actively opted-out. For Black Asian and minority ethnic communities, there is a widening gap between the availability of donors and those that are waiting on transplant lists. A particular stumbling block seems to be the denial of consent by next-of-kin, which appears to be disproportionately high. Exploration of the reasons behind such withholding of consent appears to be lack of information, myths, a lack of cultural sensitivity more than any religious decree [1-2]. Hence, this article will explore in-depth the current scenario, the causes behind these disproportionate representation and leadership that community leaders need to take to improve the access to this life-saving treatment option. 1 Chakravorty, I. (2020). The Gift of Life: Social & Cultural Perspectives on Organ Donation. SUSHRUTA Journal of Health Policy & Opinions, 13(1), 10-12. https://doi.org/10.38192/13.1.2 2 Krishnan, N., & Modi, K. (2020). Organ Donation Law & Its Impact on BAME Communities. SUSHRUTA Journal of Health Policy & Opinions, 13(1), 13-15. https://doi.org/10.38192/13.1.4  

scholarly journals The authority of next-of-kin in explicit and presumed consent systems for deceased organ donation: an analysis of 54 nations

2011 ◽  
Vol 27 (6) ◽  
pp. 2533-2546 ◽  
Author(s):  
Amanda M. Rosenblum ◽  
Lucy D. Horvat ◽  
Laura A. Siminoff ◽  
Versha Prakash ◽  
Janice Beitel ◽  
...  
Keyword(s):  
Organ Donation ◽  
Next Of Kin ◽  
Presumed Consent ◽  
Deceased Organ Donation

scholarly journals 儒家“誠”基礎上的器官家庭捐獻

2018 ◽  
Vol 16 (1) ◽  
pp. 61-74
Author(s):  
Yu CAI
Keyword(s):  
Organ Donation ◽  
Family Involvement ◽  
Family Members ◽  
Confucian Ethics ◽  
Next Of Kin ◽  
Digital Commons ◽  
The Gift ◽  
Critical Issues ◽  
The Individual ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文首先探討了儒家的“誠”與作為人之本性的“仁”之間的關係，指出“誠”是“仁”的前提與基礎。筆者認為“誠”賦予“仁”三個基本特徵：“真摯性”、“無外在目的性”和“客觀性”。這三個特徵都與儒家家庭和家庭成員間的“親親之愛”緊密聯繫。其後，本文提出儒家排斥“鄉願”式的器官捐獻。同時，文章指出，由於“誠”的要求，儒家認為對家庭成員的“親親之愛”應該是對非家庭成員的仁愛的前提、基礎和不可或缺的必要條件。因而，個人捐獻原則是與“誠”的價值觀存在一定的矛盾，而家庭捐獻原則才是符合儒家倫理的。最後，本文對人體器官的家庭捐獻原則進行了制度設計。Organ donation is the gift of an organ to help someone who needs a transplant to survive. Yet with limited organs available, the following question arises. Who should be given priority in terms of donation procedures—the individual who has personally committed to offer his/her organs to anyone in need, or the legal next of kin, i.e., family members? This essay approaches this question with reference to the Confucian ethics of sincerity (cheng), which is viewed as a precondition for the ethics of humanness (ren), arguing that family members should be given priority in decisions on organ donation. The author recommends that a policy of family consent for organ donation be implemented, as such a policy would reflect the significant role that family should play in making decisions on critical issues such as organ donation. The essay concludes that rather than emphasizing the right of individuals to decide what will happen after they die, a policy of family involvement would encourage more people to become donors and avoid conflict in cases of disagreement between donors and family members.DOWNLOAD HISTORY | This article has been downloaded 75 times in Digital Commons before migrating into this platform.

Applying utilitarianism to the presumed consent system for organ donation to consider the moral pros and cons

2021 ◽  
Vol 30 (19) ◽  
pp. 1127-1131
Author(s):  
Jelena Morris ◽  
Janet Holt
Keyword(s):  
Informed Consent ◽  
Organ Donation ◽  
Philosophical Theory ◽  
Presumed Consent ◽  
Consequentialist Theory ◽  
Opt Out ◽  
Pros And Cons ◽  
The Uk

In May 2020, England adopted an opt-out approach for organ donation, also referred to as the deemed consent system, with the aim of alleviating the demand for organs in the UK. This system dictates that those who have not opted out will have their organs donated following their death, with the exception of those meeting certain criteria. This article applies the philosophical theory of utilitarianism to the deemed consent system for organ donation, focusing particularly on topics such as that of informed consent and family refusal. Utilitarianism is a consequentialist theory that attempts to determine whether an action is morally right or wrong based on whether or not it maximises the preferences of the greatest number of people, with each person's satisfaction being considered as equal to another's.

scholarly journals Progress in Organ Donation and Transplantation: A Critical Review of Literature

2020 ◽  
Vol 12 (10) ◽  
pp. 133
Author(s):  
Peter Masibinyane Dimo
Keyword(s):  
Organ Donation ◽  
Next Of Kin ◽  
Literature Study ◽  
Public And Private ◽  
Cultural Aspects ◽  
Scientific Investigations ◽  
Life Saving ◽  
Opt Out ◽  
Public And Private Hospitals ◽  
End Stage

The majority of countries are battling with a high incidence of organ failure such as the kidneys, heart, lungs, pancreas, and liver. The only solution that can remedy the plight of patients facing the strong likelihood of death as a result of malfunctioning body organs is organ donation and transplantation. The intention of this literature study is to assess progress in organ donation and transplantation. This study has benefitted immeasurably from previous scientific investigations. Four hundred and thirty-one published papers were selected from different accredited journals. The study found that many of the countries that have implemented the opt-in system are struggling to close the gap between the high demand for and the actual availability of life-saving organs due to low rates of registered and committed organ donors. The majority of patients that are contending with end-stage diseases are added to the organ donation waiting lists, but have little hope of receiving life-prolonging organs. Among the factors that deter people from contributing to organ donation and transplantation are a lack of knowledge, the failure to obtain consent from family members or next-of-kin, social attitudes, socio-cultural aspects, and myths. This study recommends urgent measures that could be taken to increase organ transplants in public and private hospitals due to the chronic shortage of organs for transplantation and by introducing the opt-out system of organ donation.

scholarly journals 器官捐獻的家庭同意原則: 儒家倫理的現代應用

2008 ◽  
Vol 6 (1) ◽  
pp. 51-75
Author(s):  
Mingxu WANG ◽  
Wen ZHANG ◽  
Xueliang WANG
Keyword(s):  
Organ Donation ◽  
Family Involvement ◽  
Family Members ◽  
Organ Transplant ◽  
Confucian Ethics ◽  
Next Of Kin ◽  
The Family ◽  
The Gift ◽  
The Individual ◽  
The Right

LANGUAGE NOTE | Document text in Chinese; abstract also in English.從儒家倫理的視角解讀中國新實施的《人體器官移植條例》，以第8 條中“共同表示同意”為著力點，認為，儒家的家庭倫理不僅深刻地影響者中國人的思維方式和行為方式，而且至今被人們認為是構建家庭倫理的最根本原則，有著廣泛的社會基礎和現實根據。分析了儒家倫理支持器官捐獻的理據，結合案例指出：家庭的知情同意並不違背個人的知情同意；應當在儒家的家庭倫理的基礎上探討這一條例的相關問題，從而幫助完善和實施這一條例，使我國有關人體器官移植和屍體捐獻的立法更加完備，為推動器官移植技術的發展建立更為有效的法律保障機制。並提出在在條例實施過程中還有五個相關問題需要澄清和解決。Organ donation is the gift of an organ to help someone else who needs a transplant. Hundreds of people’s lives are saved each year by organ transplants. Yet the question remains: Who should give the priority in terms of donation procedures - the individual who feels a strong, personal commitment to offer his/her organ or the legal next-of-kin, i.e., the priority order of the family members? This has been greatly debated bioethical issue in China in recent years. Rather than emphasizing the right of individuals to decide what will happen after they die, or removing the burden of making a decision about organ donation from families dealing with the traumatic death of a loved one, the policy of family consent indicates the signif icant role of family in making the decision. That is to say, the consent, or lack of objection, of those closest to the patient is always sought before organs can be donated. The family involvement could avoid discomfort with the process on the one hand, but also cause conf licts when there is a disagreement between the donor and family members on the other.This paper focuses its discussion on the context and impacts of the“ Rules regarding Organ Transplant” implemented in China since 2007. Then, it turns to traditional Confucian ethics to talk about the meaning of life and Confucian concept of family to show that Confucianism would support the idea of organ transplant. To prove the claim, the paper offers two recent examples of organ donation. Organ transplant should be advocated but the rules should be tighten in order to prevent unqualified doctors and profithungry hospitals from abusing patients and organ donors.DOWNLOAD HISTORY | This article has been downloaded 301 times in Digital Commons before migrating into this platform.

scholarly journals Canceral Imaginaries

2021 ◽  
Vol 27 (2-3) ◽  
pp. 129-155
Author(s):  
Donna McCormack
Keyword(s):  
Organ Donation ◽  
Gender Equality ◽  
The Body ◽  
Future Generations ◽  
Body Parts ◽  
Short Supply ◽  
Bodily Movement ◽  
Life Saving ◽  
The Gift ◽  
History Of

This article examines the carceral imaginaries that emerge from the late capitalist structure of organ donation as an issue of short supply. This piece explores this issue through the lens of spatial segregation, arguing that carceral imaginaries are spaces of luxury where donors are segregated from recipients and are thereby legally murdered. The focus is Ninni Holmqvist’s novel The Unit (2008) where the future is structured through gender equality but reproductive normativity. Donors are segregated away in the luxurious unit because they have not repro- duced. Having not produced future generations of labourers, these donors must contribute to the nation by donating their body parts to the reproductive – and therefore productive – members of the nation. Focusing on Sweden’s history of eugenics and on gender equality, this article argues that the very space of care, namely the clinic, which facilitates life-saving treatments also subjects whole populations to violence and death through reproductive norms. Finally, it sug- gests that space is both that through which bodies move, but also the body itself. That is, the segregation of the body’s parts and the idea that space may be divided by borders are mutually constitutive and found both the restrictions of bodily movement through space and murder as the gift of life.

The Relative Impact of Presumed-Consent Legislation on Thoracic Organ Donation in the Eurotransplant Area

1996 ◽  
Vol 6 (4) ◽  
pp. 174-177 ◽  
Author(s):  
Leo Roels ◽  
Johan De Meester
Keyword(s):  
Organ Donation ◽  
Healthcare Professionals ◽  
Organ Procurement ◽  
Relative Impact ◽  
Next Of Kin ◽  
Presumed Consent ◽  
The Public ◽  
Explicit Consent ◽  
The Right ◽  
Thoracic Organ

A country's organ donation rate and hence the availability of thoracic organs can be increased by organizational measures, by legislative incentives, and by increasing awareness among the public and healthcare professionals. We analyzed the relative impact of organ procurement legislation or policy on heart and lung donation rates per million population per year in the four countries participating in the Eurotransplant organization (population, 112.7 million) between January 1992 and December 1994. Within this organization, Austria and Belgium have presumed-consent legislation, whereas Germany and the Netherlands have an opting-in (explicit-consent) policy. Although practices vary even among countries with similar policies (eg, in Belgium, relatives of the donor retain the right to object to procurement of organs in the absence of an explicit consent from the deceased before death), rates of heart and lung donation were at least twice as high in the two countries with presumed-consent legislation as in the two countries that rely on a policy of explicit consent from the donor's next of kin.

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