The ethics of organ selling: a libertarian perspective (original) (raw)

Legal and ethical aspects of organ donation and transplantation

Indian Journal of Urology, 2009

kidney donation from economically weaker sections started taking place with commerce in organ donation becoming an acceptable integral part of the program. After this was accepted, the ethics of transplants in India has always been on a slippery slope and all kinds of nefarious activities were accepted as normal practice. The general dictum was "when you can buy one why donate?" The next 10 years saw an outcry from the physicians of the western world at the growing numbers of these exploitative transplants being done in India. There were also protests from many sections in India. The pressure on the Government saw the passing of the Transplantation of Human Organ Act (THO) legislation that made unrelated transplants illegal and deceased donation a legal option with the acceptance of brain death. [1] Overcoming organ shortage by tapping into the pool of brain-dead patients was expected to curb the unrelated transplant activity. The last decade has seen

Organ Transplant Trade: A Moral Examination

Open Journal of Philosophy, 2015

This article normatively discusses two moral theories namely: Ubuntu and Deontology, with the aim of arguing against the practice of organ transplant trade. It is argued that this practice violates a rule of categorical imperative which states that human beings should not be used as the means, but always be treated as ends into themselves. Organ transplant trade also affects negatively the process of informed consent of vulnerable people who may overlook the risks in trading of organs and focus only on the monetary incentives. This article is based on non-empirical research which employs the method of critical and conceptual analysis with a review of existing literatures on the subject. Therefore, this article addresses the following question: do people have ownership of their bodily parts to an extent that they can autonomously sell them to make a living? This question is answered by concluding that the upholding of moral duties of human beings eliminates all human acts that violate the notion of human dignity.

Organ Trade in India - The Grey Area

2017

The first ever organ transplant was successfully performed in the year 1954 making life after organ failure a possibility. Organ transplantation thus became a miraculous medical advancement. But it triggered bioethical concerns about commercially trading on organs for transplant. And this is an attempt to investigate the highlighted issue of organ trade particularly in India. India passed an act to ban organ trade in 1994. Yet the country battles illegal organ trade and an acute organ shortage, even today. Through this work the objective is to trace the reasons behind the said issue by way of policy analysis and ethical analysis. And thereby propose appropriate solutions.

The commercialization of human organs for transplantation: the current status of the ethical debate

Current Opinion in Organ Transplantation, 2006

Purpose of review Whether financial or other incentives for organs should be allowed or prohibited is one of the most challenging ethical issues facing the transplant community. This review provides an overview of the current status of the ethical debate on this issue. Recent findings Currently, the buying and selling of organs from either living or deceased donors is legally prohibited in many parts of the world in order both to prevent the commercialization of organs and to ensure some level of equity of access to organ transplantation. Still, a number of proposals have been put forth in recent years suggesting that some form of financial compensation (e.g. direct payment, reimbursement, tax credits) or other 'moral' incentives (e.g. honorary medals) should be permitted or explored. An emerging issue that has recently received considerable attention is public solicitation of organs from living and deceased donors through commercial venues, which is seen by some as a potential means for the wealthy to gain an unfair advantage in obtaining an organ. Summary This review tracks the ethical debate regarding the commercialization of organs along a 'commercialization continuum', with direct payment for organs at one end and public solicitation at the other.

Ethical Issues in Organ Procurement

Critical Care Clinics, 1996

Organ transplantation is one of critical care medicine's modern success stories. Improvements in transplant immunology, surgical techniques, anesthesia, and postoperative management have transformed transplantation from an experimental treatment to the therapy of choice for many patients with organ failure. The 1-year survival rates for kidney, liver, and heart transplants in the United States are roughly %YO, 77%, and 8l%, respectively. Three-year survival rates also are quite impressive, ranging from 87% for kidneys to 65% for liver transplant^."^

Organ commercialism, trafficking and transplant tourism

Indian Journal of Medical Ethics

The gap between demand and supply of organs continues to widen worldwide, encouraging transplant commercialism. While solid organ commerce is most prevalent in impoverished countries, commercialisation of body parts such as tissues is prevalent in economically developed countries. A number of international legal instruments and transplant societies define, condemn, and criminalise these practices and have issued statements related to organ commercialism. In contrast, limited attention has been paid to illicit and unethical activities associated with the procurement and clinical use of tissues. In India, The Transplantation of Human Organs (Amendment) Act, 2011, has taken multiple measures to combat organ and tissue commerce and as a result the number of such instances seems to be on the decline. However, the fight against unethical organ procurement through the internet and the social media is challenging and requires the cooperation of global bodies.

Organ donation and transplantation medicine: Ethical framework and solutions

2015

Advances in surgery and the introduction of drugs that suppress the immune system have paved the way for transplantation medicine. Today, the donation and transplantation of tissues and organs (including heart, kidney, liver, lung, pancreas, cornea, bone marrow, and face) are feasible. Transplantation medicine has created new areas of ethical and legal discussion. In these discussions, four principles generally accepted in medical ethics – beneficence, non-maleficence, autonomy, and justice – have featured in their different aspects. In particular, the principles of non-maleficence and autonomy can collide. The dramatic increase in the number of people waiting for an organ shows that any deadlock on this subject means the death of many; hence, it is important to find a solution appropriate to the values held in society. In this study discussing current transplantation methods throughout the world, basic ethical dilemmas are addressed and effective solutions sought in accordance with ethical perspectives.