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Notes on the new Israeli organ donation law-2008
1Jakobovits Center for Jewish Medical Ethics and the Department of Medicine, Faculty of Health Sciences, Ben-Gurion University of the Negev and Soroka University Medical Center, Beer-Sheva, Israel.
Abstract:
Israel, like most countries, has a dearth of organ donors with many patients on the transplant waiting list. In March 2008, the Organ Transplant law was passed in the Israeli Parliament. The law states that a person may not give or receive financial rewards for a living or cadaveric organ donation. However, a donor may receive compensation for financial losses accrued as a direct result of organ donation. It is illegal to broker an illegal transaction between potential donors and recipients. An Israeli organization can only support transplants outside of Israel if they are performed in accordance with the local law and do not involve the sale of organs. Underlying this law is the principle that the sale of organs is unethical and the belief that organ donation should be based on altruism. Almost immediately, the law was subject to criticism particularly relating to the fact that it would not help to increase the number of kidneys, because of the lack of significant compensation for donors. It remains to be seen what effect the new law will have on living organ donation in Israel.
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