Kidney for Sale by Owner

2017 ◽  
Vol 31 (2) ◽  
pp. 171-187
Author(s):  
Mark J. Cherry ◽  
Keyword(s):  
Public Policy ◽  
Organ Transplantation ◽  
Moral Authority ◽  
Best Interests ◽  
Loved One ◽  
State Action ◽  
Human Organs ◽  
Efficiency And Effectiveness ◽  
Policy Proposals ◽  
Shed Light

This paper defends an in principle understanding of the authority of persons over themselves and, in consequence, argues for significant limits on morally permissible state authority. It also defends an account of the limits of permissible state action that distinguishes between (a) the ability of persons to convey authority to common projects and (b) what may be judged virtuous, good, safe, or proper to do. In terms of organ transplantation policy, it concludes that it is morally acceptable, and should be legally permissible, for individuals to sell one of their kidneys while living, pocketing the cash to use as that person sees fit to advance their own understanding of their own best interests. Morally objectionable policy proposals, I argue, are not those that encourage individuals to sell a redundant kidney while living or families to sell the organs of a recently deceased loved one, but those that seek coercively to confiscate the organs of the recently deceased. Recognizing the authority of persons over themselves, and their ability to convey moral authority to common projects, including the sale of human organs for transplantation, would shed light on the medical marketplace and clarify public policy, while increasing the efficiency and effectiveness of procuring human organs for transplantation.

scholarly journals MODELS OF THE LEGAL CONSTRUCT OF CONSENT FOR POST MORTEM ORGAN TRANSPLANTATION ILLUSTRATED BY THE EXAMPLE OF POLAND, NORWAY AND USA

2017 ◽  
Vol 29 (2) ◽  
pp. 47-83 ◽  
Author(s):  
Emilia Sarnacka
Keyword(s):  
Organ Transplantation ◽  
Organ Transplants ◽  
Post Mortem ◽  
Legal Regulations ◽  
Presumed Consent ◽  
Human Organs ◽  
Explicit Consent ◽  
The Gift ◽  
The Usa

Each country which allows for organ transplantation developed legal regula-tions concerning the related procedure the objective of which is to both ensure the safety of the procedure and to prevent trafficking in human organs . There are however substantial differences between the solutions adopted by particular legislators .The most commonly used models include the legal construct of explicit consent (represented by Norwegian legislator) and presumed consent (adopted in Poland) . A half-way model described as a bridge between those two constructs is the gift law construct adopted in the USA .The analysis of particular legal regulations related to transplantology may have an impact on amendments to Polish legislation aiming at an increase in the number of organ transplants .

3. Consent

2021 ◽  
pp. 37-58
Author(s):  
Jo Samanta ◽  
Ash Samanta
Keyword(s):  
Public Policy ◽  
Information Disclosure ◽  
Common Law ◽  
Case Law ◽  
Mental Capacity ◽  
Best Interests ◽  
Mental Capacity Act 2005 ◽  
Relevant Case ◽  
The Common ◽  
Mental Capacity Act

This chapter deals with consent as a necessary precondition for medical treatment of competent adults. It provides an overview of the common law basis of the Mental Capacity Act 2005, followed by discussion of issues relating to information disclosure, public policy, and the key case of Montgomery and how this applies to more recent cases. It considers the statutory provisions for adults who lack capacity, exceptions to the requirement to treat patients who lack capacity in their best interests, and consent involving children under the Children Act 1989. Gillick competence, a concept applied to determine whether a child may give consent, is also explained. Relevant case law, including Gillick, which gave rise to the concept, are cited where appropriate.

scholarly journals A theory of public wellbeing

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Matthew Fisher
Keyword(s):  
Mental Health ◽  
Public Policy ◽  
Social Change ◽  
Social Cognition ◽  
Social Determinants ◽  
Policy Agenda ◽  
Social Environments ◽  
Basic Functions ◽  
Policy Proposals

Abstract Background Wellbeing is seen as a matter of concern for governments and public policy. However, current theories on wellbeing are not well placed to inform this concern, because they fail to take account of and explain evidence on social determinants of mental health. Discussion This article proposes a new theory of public wellbeing which does takes account of such evidence, by explaining the role of stress within three basic functions of social cognition. Building on this description, the article then proposes that wellbeing consists in seven basic abilities, which are always developed and exercised (or not) through constant processes of interaction between individual and environment. The article explains why contemporary theories on wellbeing are poorly placed to inform public policy for wellbeing. It also positions the proposed theory in relation to evidence on social determinants of health (SDH) and the associated public policy agenda. It is argued the proposed theory of wellbeing extends on and challenges the SDH policy agenda in relation to the normative target of policy proposals, factors identified as determinants, impacts of determinants on populations, and proposals for political and social change. Conclusion Improved theory on public wellbeing can inform policy for wellbeing because it explains the contingent nature of wellbeing within contemporary social environments, and extends understanding of social determinants of wellbeing.

scholarly journals Democratic Participation in Early Childhood Education and Care - Serving the Best Interests of the Child

2018 ◽  
Vol 17 (1) ◽  
Author(s):  
Evelyn Eriksen
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Document Analysis ◽  
Best Interests ◽  
Democratic Participation ◽  
Childhood Education ◽  
Education And Care ◽  
Key Terms ◽  
Shed Light

Abstract: The meaning of democratic participation in Early Childhood Education and Care (ECEC) remainsvague and difficult to implement. Thus, the aim of this paper is to contribute to this gap of knowledge by shed light on the meaning of democratic participation in relation to the best interests of the child, by analysing General Comment No. 14 (2013). The research uses theories on democracy in ECEC to discuss the results (Biesta, 2014, 2015; Moss, 2007, 2011; Pettersvold, 2014; Einarsdottir, Purola, Johansson, Broström, &Emilson, 2015). The study investigates how key terms (rights, participation, unity/collective, equality, influence and responsibility) relate to democratic participation. Findings indicate that these terms are used to align with ideas about the “best interests of the child”. Furthermore, the study identified specific groups of children who can be in vulnerable situations and their explicit right to express their views and to influence decisions affecting them in ECEC institutions. I therefore argue that understanding democracy in ECEC must focus on inclusion of children who can be in vulnerable situations because this is in the best interests of the child. Keywords: Best Interests of the Child, Democratic Participation, Document Analysis, General Comments

scholarly journals The Long Road from the Kidney Bazaar: A Commentary on Pakistan’s Progress Towards Self-sufficiency in Organ Transplantation

2011 ◽  
Vol 8 (2) ◽  
Author(s):  
Dominique E. Martin
Keyword(s):  
Organ Transplantation ◽  
Organ Procurement ◽  
Transplant Recipients ◽  
Transplant Tourism ◽  
Human Organs ◽  
Self Sufficiency ◽  
Social Inequities ◽  
History Of ◽  
Multiple Challenges ◽  
The Impact

The dark history of transplant tourism in Pakistan demonstrates the hazards of unregulated cross-border markets in human organs. Trading on existing national and international social inequities, ‘transplant tourism’ offers dubious benefits for transplant recipients and attractive profits to those facilitating the industry at the expense of the world’s poor. The impact of Pakistan’s 2007 Transplantation of Human Organs and Tissue Ordinance and the sustained efforts of transplant professionals and societal groups led by the Sindh Institute of Urology and Transplantation, show that organ trading can be effectively discouraged and equitable programs of organ procurement and transplantation pursued despite multiple challenges. In this paper, the factors that have contributed to Pakistan’s progress towards self-sufficiency in organ transplantation are identified and discussed. The case of Pakistan highlights the need for countries to protect their own organ and tissue providers who may be vulnerable in the global healthcare market. Pakistan provides an excellent example for other countries in the region and throughout the world to consider when regulating their own transplantation programs and considering the pursuit of national self-sufficiency.

Public Policy and the Sale of Human Organs

2002 ◽  
Vol 12 (1) ◽  
pp. 47-64 ◽  
Author(s):  
Cynthia B. Cohen
Keyword(s):  
Public Policy ◽  
Human Organs

Organ transplantology – opinions and attitudes of medical and humanities students

2021 ◽  
Vol 14 (SUPPLEMENT 1) ◽  
pp. 1-6
Author(s):  
Klaudia Majder ◽  
Paweł Więch ◽  
Joanna Zaleska ◽  
Izabela Sałacińska ◽  
Dariusz Bazaliński
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Organ Transplant ◽  
Close Relative ◽  
Loved One ◽  
Organ Tissue ◽  
Medical Faculties ◽  
End Stage ◽  
Humanities Students ◽  
The University

Background: Transplantology is one of the fastest-growing branches of medicine and is the treatment of choice for many patients with end-stage organ disease, giving them a chance to recover. Aim of the study: The aim of the study was to examine the attitudes and opinions of medical and humanities students regarding organ transplant. Material and methods: Based on the assumed random selection criteria, 200 students of the University of Rzeszów (164 women and 36 men) qualified for the study. Dedicated proprietary research tools were used to assess their knowledge of the following: issues related to organ transplantation, registration as a donor, attitudes to organ donation after the respondent’s death, and objections to the intention to donate organs in the event of the death of a loved one who did not object during their lifetime. Results: A higher level of knowledge about transplantology was found among students of medical faculties (p<0.001). Humanities students were more skeptical about the intention to donate organs in the case of the death of a close relative who did not object during their lifetime (p<0.001). In total, 44% confirmed their consent to be an organ/tissue donor. Conclusions: The level of students’ knowledge of transplantology is insufficient. Familiarity with issues related to organ transplantation translates into the attitude towards organ donation; therefore, it is necessary to increase awareness and spread knowledge in this field in order to popularize it in society.

Public Policy, Public Opinion, and Consent for Organ Donation

2001 ◽  
Vol 10 (4) ◽  
pp. 377-386 ◽  
Author(s):  
LAURA A. SIMINOFF ◽  
MARY BETH MERCER
Keyword(s):  
Public Policy ◽  
Public Opinion ◽  
Organ Donation ◽  
Organ Transplantation ◽  
Waiting Lists ◽  
Exponential Increase ◽  
Medical Advances

Medical advances in transplantation techniques have driven an exponential increase in the demand for transplantable organs. Unfortunately, policy efforts to bolster the organ supply have been less than effective, failing to provide a stopgap for ever-increasing numbers of patients who await organ transplantation. The number of registrations on waiting lists exceeded 65,245 in early 1999, a 325% increase over the 20,000 that existed 11 years earlier in 1988. Regrettably, more than 4,000 patients die each year while awaiting transplantation.

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