Ethical and Legal Aspects of Organ and Tissue Donation and Transplantation

Abstract

Transplants can be performed only with observance of the universally accepted medical criteria. The rules and criteria can be different from state to state, but the fundamental principles of this activity must be applied in every state.

In this article we will discuss the internationally accepted legal and ethical principles of donation and transplantation. In our discussion we will use a legal text of the Council of Europe: “The Additional Protocol to the Convention on Human Rights and Biomedicine concerning the Transplantation of organs and tissues of human origin”. We will present the principles to be followed in the transplantation process and the general principles of living and cadaveric donation. We will explain the concept of death and we will present different types of donation consent after death.

Probably the most important principle in transplantation is the fact that the donation has to be voluntarily and altruistic in a very well defined legal and ethical frame.

Transplants Can Be Performed Only With Observance Of The Universally Accepted Medical Criteria. The Rules And Criteria Can Be Different From State To State, But The Fundamental Principles Of This Activity Must Be Applied In Every State. In This Article We Will Discuss The Internationally Accepted Legal And Ethical Principles Of Donation And Transplantation. In Our Discussion We Will Use A Legal Text Of The Council Of Europe: “The Additional Protocol To The Convention On Human Rights And Biomedicine Concerning The Transplantation Of Organs And Tissues Of Human Origin”. We Will Present The Principles To Be Followed In The Transplantation Process And The General Principles Of Living And Cadaveric Donation. We Will Explain The Concept Of Death And We Will Present Different Types Of Donation Consent After Death. Probably The Most Important Principle In Transplantation Is The Fact That The Donation Has To Be Voluntarily And Altruistic In A Very Well Defined Legal And Ethical Frame.