GAC015 Assessment Event 4: Academic Research Essay
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Question: In many countries organ trafficking is illegal, yet the incidence is on the increasing. Examine the legal, ethical and sociological issues involved in procuring human organs for transplant operations, comparing two countries with very different approaches.
In this day and age, as medicine and surgery advanced, more organs have been emerged for people in the world. There are approximately 3.5 million operations take place per year around the world (Cho, H. 2009). In order to save lives, organ trafficking is facing problems regarding legal, ethical and sociological issues. Since people and governments in different nations and have dissimilar backgrounds, the methods and attitudes concerning this issue are obviously not in similar. Take Egypt and Europe for example, whatever the governments or the local public use different ways to address it.
As the development of technologies, the increasing number of organ trafficking tourism causes high attention of governments. Since that, international conventions have established that human have the basic right to keep healthy. The right is not only the provision of preventive and curative health services but also a commitment that everyone should enjoy the highest attainable standard of physical and mental health. Apparently, laws and regulations regarding living people do not exist or lose regulated.
There are approximately 15 to 20 nations which have established presumed consent laws for organ donation. In fact, most of these laws are enacted aiming at the surplus of organs for transplant surgeries and finishing any illicit trades in organs, which means that people must opt-out of being an organ donor rather than opt-in, as in the United States and other countries. In some cases, these laws have positive effects. Take European laws and France laws as examples: compared with European laws, many France own the opportunity to interrupt the donation, even if the death said that he or she desires to be an organ donor.
On the contrary, in other nations' laws and regulations, such as Brazil's Presumed Organ Donor Law, people are difficult to opt-out. In Brazil, unless you announced you are “non-donors of organs and tissues", you could opt-out.
Organ transportation, a new advanced technology in modern surgery, is hotly disputed around the world.
When it comes to this issue, sorts of ethical dilemmas attach the public eyes. What is the standard for people to judge who has the priority to be cured? Are they the rich man or the one who has high social status? Or is it based on age or gender? All of these questions are under discussion, however, most of the nations in the world do not take action following the laws. Also, in most developing countries, the local governments even do not establish any legal laws regarding this problem. (Organ Transplants: Ethical, Social, and Religious Issues in A Muti-culture Society 2011) Therefore, in order to deal with this issue, many organizations and governments are trying to establish some laws and regulations to restrain organ tracking, such as WHO Regional Consultation and National Transplant Commit.
Another factor is the cost of the surgery. Currently, someone has to agree to move organs directly and in literacy form. This means that people who are poor have to sell their organs to support their family. At the same time, there is also existed another situation, which is the truth that some poor people are forced to sell their organs unconsciously. Nevertheless, in some developed countries, people would choose to accept the operation as well as organs in poor countries, because the cost is cheap. For example, many American would prefer to travel to the Egypt and during this time, they would take...
References: Budiani-Saberi a, D. & Delmonicob, F. (2008), Organ Trafficking and Transplant Tourism: A Commentary on the Global Realities, Coalition for Organ-Failure Solutions [online]. Available at: http://cofs.org/COFS-Publications/Budiani_and_Delmonico-AJT_April_2008.pdf [Accessed 18 February 2013]
Cho, H. & Zhang, M & Tansuhaj, P. (2009), An Empirical Study on International Human Organ Trafficking: Effects of Globalization, Business Perspective [online]. Available at: http://businessperspectives.org/journals_free/im/2009/im_en_2009_3_Cho.pdf [Accessed 18 February 2013]
Glaser, S. (2012), Formula to Stop the Illegal Organ Trade: Presumed Consent Laws and Mandatory Reporting Requirements for Doctors, American University Washington College of Law [online]. Available at: http://www.wcl.american.edu/hrbrief/12/2glaser.pdf [Accessed 18 February 2013]
Human Organ Trafficking (2010), UNA-GB Model UN [ONLINE]. Available at: https://rmunatunagb.wikispaces.com/file/view/HOT+Topic+Guide%5B1%5D.pdf [Accessed 18 February 2013]
Koch, K. (2011), Organ Trafficking can the smuggling og human organs be stopped?, Global Rearcher [online]. Available at: http://library.cqpress.com/globalresearcher/document.php?id=cqrglobal2011071900&PHPSESSID=c11hcefq84gqua96jql2aupvn5 [Accessed 18 February 2013]
Nagy, K. (2010), Organ Transplant Legislation from Trade to Donation, Egyptian Initiative For Personal Rights [online]. Available at: http://eipr.org/sites/default/files/reports/pdf/Organ_Transplant_Legislation_En.pdf [Accessed 18 February 2013]
Organ Transplants: Ethical, Social, and Religious Issues in A Muti-culture Society (2011), Opendepot [online]. Available at: http://opendepot.org/779/1/Organ_transplants.pdf [Accessed 18 February 2013]
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