Organ Sales
The sale of organs is as its name indicates to sell their organs, as opposed to organ donation.
Summary |
International Legislation
In most countries of Europe and North America there is legislation prohibiting trade in organs. This is not the case in the world.
Most sales are made in poor countries on behalf of recipients from wealthier countries, these recipients are often forced to travel to countries where there is no clear legislation on the subject or countries where governments are lax enforcement of existing laws or in the supervision of medical institutes which is the organ trade to be dubbed by international organizations and NGOs: "transplant tourism" Europe Practically all European countries have legislation. In accordance with the principle of availability of the human body , a 1994 law strengthened the ban in force since at least 1976 ( Act No. 76-1181 ): "No payment, whatever its form, can be allocated to one that lends itself to the removal of part of his body, or the gathering of its products "may only intervene if the reimbursement of expenses incurred in the manner prescribed by Order in Council of State. The principle is the prohibition of the sale, the human body and its products are "not for sale. Any offender risk seven years in prison and more than 100 000 fine. Organ trafficking is considered a crime. Legislation since 1989. A federal law that provides up to 5 years in prison if the offense was adopted in 1997. Article 4 1 of the Belgian law on removal and transplantation provides that "The sale of organs and tissues can not be granted for profit, regardless of the parties between which they take place. The term disposal covers any procedure and not just the act of donation; it therefore covers all phases (sampling, storage, import, transport, distribution and delivery). Banning a profit does not prevent the compensation of costs and revenue losses incurred by the donor, provided they are the direct result of the sale of organs " The Chinese , the Indonesia , Singapore and Sri Lanka have legislation. In India , the federal parliament adopted a law in 1994 severely punishing the sale of organs. The countries of the Arab League voted in 1987 , a law prohibiting all forms of commerce. the Philippines was until recently a popular destination for tourists of transplantation who received organs from poor people illegally, in 2007 , 1050 kidney transplants were performed in the country with 50% in profit foreigners despite a regulation dating from 2002 limiting the percentage to 10%. To fight against this scourge, the Philippine government banned in 2008 , the sale of organs to foreigners, offenders to 20 years in prison . The sale of body remains, in the absence of clear legislation, approved in several African countries such as Japan. In Pakistan , nearly two-thirds of kidney transplants for foreigners are . With the exception of the member countries of the Arab League as well as South Africa and Zimbabwe , no country in the continent has legislation. The Australian is the only country to have legislation in this region . Proponents of the sale of organs, that allowing the unrestricted sale of organs would allow the elimination of black market organ theft and which improved sanitary conditions. Some libertarians , the ban on the sale of organs is a violation of individual freedom to dispose of his body. Each individual has the fundamental right to use his body to take advantage and abuse it (by taking drugs, committing suicide, by mutilating, consuming too much salt or sugar, by becoming obese, by not practicing any sport, etc..). But this implies that the individual assumes its responsibilities and therefore it does not make bear the cost to the community through social security. According to this view, laws punishing the sale of organs are therefore illegitimate laws in light of natural rights. They add that the fact that organ donation requires an authorization means that the individual owns his body. According to some views expressed utilitarian , organ donors are 10 to 40 per one million inhabitants, which is inadequate and condemned to death those who can not get them otherwise. Legalize the market would encourage more donors to come forward and help save lives. However, the utilitarian reasoning could lead to opposite conclusions: for example, the donation would, according to some studies, more than the sale (this was demonstrated in particular about the blood donation ). The arguments against selling organs are those that led to its closure. In particular, questions of ethics where opponents believe that organs are not a commodity like any other. " The International Transplantation Society in 1970 and declared: "The sale of organs from a donor living or dead is by no means justifiable." The World Health Organization in 1991 adopted a similar stance: "The human body and human body parts can not be the subject of commercial transactions" . In France, the philosophy of contract law is opposed to the concept of organ sale, because the body is legally located out of business. The press and several NGOs are regularly echoed the existence of a black market sale of organs: Asia
Africa
Oceania
Debates
Supporters
Opponents
Organ Traffic
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