Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 685-697 |
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Ebrahimi S. Organ Transplantation and Legal-Ethical Challenges: A Comparative Study of Swiss, French and German Laws. MLJ 2024; 18 (59) :685-697
URL: http://ijmedicallaw.ir/article-1-1848-en.html
URL: http://ijmedicallaw.ir/article-1-1848-en.html
Department of Criminal Law and Criminology, Faculty of Law, Shiraz University, Shiraz, Iran.
Abstract:
Background and Aim: Nowadays, most Western countries are facing a significant decline in organ donation from brain-dead individuals due to the decreasing trend of fatal traffic accidents. This issue has largely created an environment conducive to organ trafficking under the guise of transplant tourism. Notably, the phenomenon of organ trafficking, especially since the mid-1990s, has intensified due to the shortage of transplantable organs, advancements in transplantation technology, ease of communication and transportation, increasing poverty and the vulnerability of organ donors on the one hand and the absence or insufficiency of regulations governing organ donation on the other.
Method: The research method employed in this study is descriptive-analytical. In this regard, credible library resources have been used for data collection.
Ethical Considerations: Ethical principles and academic integrity were adhered to in this study.
Results: In response to the situation, various countries have intervened in two areas—live organ donation and posthumous organ donation by enacting legislation and defining conditions for each within the framework of European legal documents to prevent organ trafficking and protect vulnerable organ donation volunteers from exploitation.
Conclusion: Institutionalizing ethical principles in this field, such as the fair distribution of organs, prohibition of organ trade and requiring ordinary legislation to conform to human dignity, is an essential and inevitable priority.
Please cite this article as:
Ebrahimi SH. Organ Transplantation and Legal-Ethical Challenges: A Comparative Study of Swiss, French and German Laws. Medical Law Journal. 2024; 18: e47.
Method: The research method employed in this study is descriptive-analytical. In this regard, credible library resources have been used for data collection.
Ethical Considerations: Ethical principles and academic integrity were adhered to in this study.
Results: In response to the situation, various countries have intervened in two areas—live organ donation and posthumous organ donation by enacting legislation and defining conditions for each within the framework of European legal documents to prevent organ trafficking and protect vulnerable organ donation volunteers from exploitation.
Conclusion: Institutionalizing ethical principles in this field, such as the fair distribution of organs, prohibition of organ trade and requiring ordinary legislation to conform to human dignity, is an essential and inevitable priority.
Please cite this article as:
Ebrahimi SH. Organ Transplantation and Legal-Ethical Challenges: A Comparative Study of Swiss, French and German Laws. Medical Law Journal. 2024; 18: e47.
Type of Study: Original Article |
Received: 2024/07/25 | Accepted: 2024/11/16
Received: 2024/07/25 | Accepted: 2024/11/16
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