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Organ transplantation in the mirror of the recent world-wide legislation
1International Center for Health Law and Ethics, Faculty of Law, University of Haifa, Israel.
Abstract:
Transplantation constitutes a rapidly changing field for medicolegal law-markers. Until two or three decades ago there were no laws governing organ transplants, and at least some of these processes fell within the realm of human experimentation. An extensive legislative work has been accomplished since then in order to catch up with the expeditious scientific progress. Transplantation is a definite medical process which requires a definite legal response. No wonder that some issues are dealt with by national laws in similar manners. Nevertheless, practice makes perfect, and recent legislations have gained experience and drawn their lessons from the former ones. The present review will analyze the guidelines concerning a few substantial issues, like distribution of organs, costs and donations, the removal-when and how allowed, and restrictions and conditions of removal. These and other issues have recently been formed by the following legislatures: Argentine, Canada, Columbia, Finland, France, India, Italy, Krygystan, Mexico, Peru, Portugal, Romania, Russia, USA and by the Council of Europe.