Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Union’s authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.

These past years, the media have focused public attention on malpractice in the field of organ donation, with the risk of forgetting that organ donation provides an extraordinary hope of saving lives and gives a splendid example of human solidarity. Transplantation was made possible by the development of scientific and medical knowledge together with the dedication of skilled teams throughout Europe. The shortage of organs and tissue is the key factor for all the problems within the system: the size of the European Union will help to deal with this reality and requires the cooperation of medical teams, dispatching organisms and public health authorities at the European level. The transparency of a faultless organization, from the technical and ethical points of view will increase the public's support of organ donation and decrease organ shortage. The development of the European Union, resulting in free movement within the international market, makes harmonisation of the donation system unavoidable. From the Introduction by Magda de Galan, Belgian Minister of Health.

This book was originally published in 1999. When one or more essential organs failed, the consequence used to be death. However, conventional medicine has developed artificial means of extending life, the most successful of which is transplantation. The most common form of organ to be transplanted is a kidney which will, on average, function for about a decade in its recipient. Organ transplantation as a whole is widely practiced in most countries. However, few can procure enough organs to meet demand. Many people who are suitable for a transplant die without getting one. Many kidney patients can access and stay alive on dialysis until a suitable organ becomes available. However, even here, sufficiency of organs would be beneficial because lesser reliance on dialysis would reduce healthcare costs and be better for patient quality of life. This invaluable book shows that in the light of current practice and attitudes, increasing living donor transplantation (LDT) levels is feasible. It is one of the few works to systematically analyse the ethical and legal issues involved in LDT use in the light of empirical evidence, including new data derived from a unique programme of interviews and questionnaires with transplant professionals, living donors and recipients. Readers are led to an understanding of when LDT is ethically and legally acceptable and to the strong case for using it much more extensively.

Organ transplantation has, over a period of a few decades, evolved from a daring experimental medical procedure to a widely used health technology. Many lives have been saved, and the quality of life of many other persons has been immeasurably improved. There is now an abundant literature on the medical aspects of transplantation, and an increasing number of books on the legal and ethical aspects -- aspects with which WHO has been concerned since the World Health Assembly first took up the matter in 1986. This book is the first global collection of laws and regulations dealing with organ transplantation. Also included are the texts of some of the key international and European declarations and statements on the subject. Most of the materials that appear in the book were originally published in the WHO's International Digest of Health Legislation, but have never been collected in one volume before. This book will be useful to parliamentarians, health policy makers, surgeons and other health professionals involved in transplantation, transplant coordinators, ethicists, and others interested in in-depth information on how different governments and institutions have responded to the considerable ethical, legal and policy challenges posed by this important branch of curative medicine.

In May 2007, the European Commission issued a communication relating to organ donation and transplantation. This made a number of proposals for actions which were designed to help increase the supply of donor organs across the EU. The two major elements were: first, the introduction of a directive aimed at setting standards for the quality and safety of organ donation and transplantation across the EU; and, second, the establishment of an action plan for closer cooperation between Member States in sharing experiences and best practice. This Report brings together evidence relating to the Commission's proposals and draws conclusions about their merits. It also sets out evidence received about a range of matters relating to organ donation which are not within Community competence but which are of central relevance to the shortage of organs for donation: the Organ Donation Taskforce's recent recommendations for the re-organisation of the health infrastructure in the UK; and the proposal, by the Chief Medical Officer for England, that current legislation in England should be changed in order to create a "presumed consent" or "opt-out" system for organ donation in place of the existing "opt-in" system. The Committee's conclusion is that the proposals set out in the Commission's communication would help to raise the numbers of organs available for transplantation as well as the overall safety and quality of those organs. The proposed directive should not be overly bureaucratic and should not inhibit the application of expert clinical judgement and informed patient choice.

Evidence taken before Sub-committee G (Social Policy and Consumer Affairs).