By Leonie Lopp
Organ transplantation is a much-discussed topic, and the significance of dwelling organ donation is expanding considerably. but regardless of all efforts, too few donor organs can be found to aid all sufferers in want. This booklet analyses even if the nationwide criminal laws also are partially answerable for the organ scarcity within the Member States of the ecu Union. as well as an in depth research of some of the nationwide laws, the most arguments in favour of and opposed to criminal regulations on residing organ donation are thought of. additionally, the eu Union’s authority is investigated, particularly, if it is entitled to set up statutory provisions for the Member States with appreciate to a harmonized legislation of dwelling organ donation. in response to the result of the research, the writer establishes a most sensible perform concept for dwelling organ donation.
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Additional resources for Regulations Regarding Living Organ Donation in Europe: Possibilities of Harmonisation
8 (1) No. 1 b) Act on the donation, removal and transplantation of organs. 160 Sec. 1 Act relating to transplantation, hospital autopsis and the donation of bodies etc. 161 Sec. 36 (2) Act on Healthcare, Healthcare-Related Services and on the Amendment and Supplementing of Certain Laws. 162 Schedule 1, Part 1, 7 Human Tissue Act 2004. 163 Coppen (2010), p. 14. 164 Sec. 8 (2) Act on the donation, removal and transplantation of organs. 156 II. 165 Thus, a person cannot give his consent until he has been informed, and if his being informed is delayed, then the surgery will be delayed as well.
25, 375 ff. 123 Fateh-Moghadam (2008), p. 75. ) (2006), before Sec. 32 at 146. 125 Fateh-Moghadam (2008), p. 79. 126 LOD can therefore be justified by consent and does not depend on authorisation by some other authority. 127 Pursuant to Sec. 128 This also applies to the organ removal for transplantation129 and can be explained by the patient’s autonomy. In Austria, the patient’s autonomy is protected by the Convention for the Protection of Human Rights and Fundamental Freedoms. 134 Again, since consent is sufficient, no further consent by other authorities is necessary.
139 In the Netherlands, the right of integrity of the person and the human body is protected by the Dutch Constitution. As a consequence, a person has the right of self-determination. 140 The patient’s right to be informed,141 as well as the fact that an examination or treatment requires the patient’s consent,142 are laid down in the Civil Code. Informed consent is also specifically mentioned in the Law on Medical Treatment Agreement. It stipulates that a mutual agreement between the physician and the patient is necessary to treat the patient for a specific condition.