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The give and take of organ procurement
1University of Toronto, Center for Bioethics, Ontario, Canada.
Abstract:
Scientific developments of the last 20 years have made the transplantation of cadaveric solid organs a viable and expected treatment alternative for patients suffering from various forms of End Stage Organ Disease. Of the number of organs that could be utilized for this, only a small percentage of them are actually made available. North American legislation explicitly categorizes the transfer of cadaveric organs as an anatomical or tissue "gift". The concept of the gift is mediated by transculturally consistent unwritten, but powerfully felt, rules of conduct. Among the most profound elements of the concept is the obligatory gift-exchange which is central to the gift-relationship. Obviously, neither of these are permitted by the organ transplant scenario. As a result, dissonance is created within the thought process of the individual which cannot be easily resolved, paralyzing many into inaction. We maintain that the present legal framework, designed to facilitate the transfer of organs, clashes with the human phenomenon of giving, and may actually prevent organs from being made available. In a search for a solution to this gift-relationship dilemma, giving organs is contrasted with taking organs as a basis upon which to ground ethically sound public policy. Liberty-limiting principles and the concept of harm are considered within this context.
Insights
Organ donation faces challenges due to legal frameworks clashing with the cultural concept of gift-exchange. Re-evaluating organ transplantation policies may increase donor availability.
Area of Science:
- Transplantation Medicine
- Bioethics
- Sociology of Medicine
Background:
- Solid organ transplantation is a viable treatment for End Stage Organ Disease.
- A significant percentage of potential donor organs are not utilized.
- Current North American legislation frames organ transfer as a "gift".
Purpose of the Study:
- To analyze the conflict between the legal "gift" framework for organ donation and established cultural norms of gift-exchange.
- To explore how this dissonance impacts organ availability.
- To propose ethically sound public policy solutions for the organ transplant dilemma.
Main Methods:
- Conceptual analysis of legal frameworks and cultural norms surrounding organ donation.
- Examination of the "gift-relationship" and its implications.
- Contrast between "giving" and "taking" organs for policy considerations.
- Application of liberty-limiting principles and the concept of harm.
Main Results:
- The legal concept of a "gift" in organ donation clashes with the obligatory gift-exchange central to human giving.
- This dissonance creates psychological barriers, leading to inaction and reduced organ availability.
- Existing policies may inadvertently hinder rather than facilitate organ donation.
Conclusions:
- The current legal framework for organ donation requires re-evaluation to align with socio-cultural understandings of reciprocity.
- Shifting the policy basis from "gift" to a model that acknowledges reciprocal exchange could potentially increase organ availability.
- Ethical public policy must address the human phenomenon of giving to resolve the organ transplant dilemma.
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