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You are here: Home Health & Fitness Healthcare Organ donation and the right to consent

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22/12/2008Organ donation and the right to consent

Since the first human kidney transplant in 1954, organ transplant surgery has offered hope to thousands of people around the world. But even as the medical techniques improve, waiting lists get longer and people die every day for lack of a donor.

Donating an organ after one dies is not an easy thing. First, the person needs to die in a certain way, called brain death, which leaves the organs undamaged. It also helps if the person is otherwise healthy. And it usually requires the person to already be in an intensive care unit of a hospital to save time.
Paul Beerkens, Netherlands Kidney Foundation
Added to this is the need for consent - either being a registered donor, or at least having made one's preference clear to loved ones. That means people have to ‘opt in' But some countries have flipped the requirement on its head.
'Presumed consent'
France, Spain and Belgium all have laws that presume that an individual wants his or her organs to be donated, unless they ‘opted out' while they were alive.
But is this an intrusion on a persons rights, for the government to declare that the default stance is in favour of donation? Paul Beerkens, of the Netherlands Kidney Foundation, disagrees.
"There's a huge misunderstanding here. It's the person that decides. Even if the government changes the law, it's you that decides if you want to be a donor or not - and you can change that every day. At the end of the day, it's you that decides, or your family that decides. Not the government."

David Nix, Donor Family Network
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