Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 765-780 |
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Kiyani S, Sadeghi M H, Ebrahimi S, Froughi F. The Necessity of Criminal Interference in Dealing with Organ Transplant Tourism; Probing on the Arguments of Both Advocators and Opposers. MLJ 2022; 16 (57) :765-780
URL: http://ijmedicallaw.ir/article-1-1508-en.html
URL: http://ijmedicallaw.ir/article-1-1508-en.html
1- Department of Criminal Law and Criminology, Shiraz University, Shiraz, Iran
Abstract:
Background and Aim: Organ transplant tourism is the travel of one or both of the organ’s donor and recipient outside the national borders for the purpose of organ, body tissue or cellular transplantation, during which the organ transplant is subject to the financial payment by the recipient or agent for the organ. The necessity of criminal interference in this subject, with a consequentialism viewpoint has been considered by the authors in two categories of proponents and opponents. The present research seeks to answer the fundamental questions about the essence of transplant tourism have a glimpse of this phenomenon among both tourist states and transplant states and study the reasoning brought by advocators and opposers regarding the necessity of criminal interference in this subject. the purpose of the study is to precisely analyze the necessity of the subject and the future standpoint of the legislator on this phenomenon and subsequently manage the consequences.
Method: This article has been written descriptivety-analyticaly using library resources.
Ethical Considerations: This research has been done by observing ethical principles and trustworthiness in using the available sources.
Results: Approach to The necessity of criminal interference by emphasis on the consequences such as; commodification, violation of physical justice, incomplete slavery and human rights violations, strengthening organized crime, the crime propagation against whom in vulnerable position, increasing the poverty, diminishing security and human resources and the impossibility of self-sufficiency in organ supply and the supportive approach of criminal interference by emphasis on the medical aspects of this phenomenon to solve patients' troubles, regulate the market of organ exchange and develop Medical tourism industry, have been analyzed.
Conclusion: Given the prevalence and significant effects of this phenomenon in the countries of destination and origin, the main results of the present study are the destitute of required laws and legal challenges in the field of organ transplantation, focusing on the need for criminal interference in this phenomenon with three explanation of supporting patients in need of organs and vulnerable communities as the organ’s donors, the prestige and respect of the country's health system and the development of the medical tourism industry and the prevention of new forms of exploitation and incomplete slavery and weakening human resources and counteracting the strengthening of organization in medical crimes and corruption of the health system and broking illegal organ sales and separation of Legal and illegal facts are the main results of the present study.
Please cite this article as:
Kiyani S, Sadeghi MH, Ebrahimi SH, Froughi F. The Necessity of Criminal Interference in Dealing with Organ Transplant Tourism; Probing on the Arguments of Both Advocators and Opposers. Medical Law Journal. 2022; 16(57): e55.
Method: This article has been written descriptivety-analyticaly using library resources.
Ethical Considerations: This research has been done by observing ethical principles and trustworthiness in using the available sources.
Results: Approach to The necessity of criminal interference by emphasis on the consequences such as; commodification, violation of physical justice, incomplete slavery and human rights violations, strengthening organized crime, the crime propagation against whom in vulnerable position, increasing the poverty, diminishing security and human resources and the impossibility of self-sufficiency in organ supply and the supportive approach of criminal interference by emphasis on the medical aspects of this phenomenon to solve patients' troubles, regulate the market of organ exchange and develop Medical tourism industry, have been analyzed.
Conclusion: Given the prevalence and significant effects of this phenomenon in the countries of destination and origin, the main results of the present study are the destitute of required laws and legal challenges in the field of organ transplantation, focusing on the need for criminal interference in this phenomenon with three explanation of supporting patients in need of organs and vulnerable communities as the organ’s donors, the prestige and respect of the country's health system and the development of the medical tourism industry and the prevention of new forms of exploitation and incomplete slavery and weakening human resources and counteracting the strengthening of organization in medical crimes and corruption of the health system and broking illegal organ sales and separation of Legal and illegal facts are the main results of the present study.
Please cite this article as:
Kiyani S, Sadeghi MH, Ebrahimi SH, Froughi F. The Necessity of Criminal Interference in Dealing with Organ Transplant Tourism; Probing on the Arguments of Both Advocators and Opposers. Medical Law Journal. 2022; 16(57): e55.
Type of Study: Original Article |
Received: 2022/03/1 | Accepted: 2022/06/22
Received: 2022/03/1 | Accepted: 2022/06/22
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