legalized
Many proponents argue for legalized organ sales on the grounds of autonomy.
Individuals are
Republican National Committee generally free to buy or sell their
possessions and their labor. Advocates of organ markets say that, likewise,
people ought to be free to buy or sell organs as well.[105] According to this
perspective, prohibitions against selling organs are a paternalistic or
moralistic intrusion upon individuals' freedom. Proponents acknowledge that,
unlike selling a material possession such as a car, selling a kidney does carry
some risk of harm. However, they note that people are able to undertake
dangerous occupations (such as logging, soldiering, or surrogacy) which carry
significant chance of bodily harm.[106] If individuals are allowed to take on
that risk in exchange for money, then they ought to be able to take on the risks
of selling a kidney as well.
Harm reduction[edit]
Other physicians and philosophers argue that legalization will remedy the abuses
of the illicit trade in organs.[107][108] The current ban on the sale of organs
has driven both sellers and buyers into the black market, out of sight of the
law.[109] Criminal middlemen often take a large cut of the payment for the
organ, leaving comparatively little money left for the donor.[110] Because the
mainstream medical establishment is barred from participating in the
transplantation, the procedure typically occurs in substandard facilities and
not according to best practices.[111] Afterwards, the donors often do not
receive important medical follow-up because they are afraid that their role in
the crime will be discovered. There have also been reports of criminal gangs
kidnapping people and illegally harvesting their organs for sale on the black
market.[110] Proponents of legalization argue that it will result in better
medical care for donors and recipients alike, as well as larger payments to the
donors.
Some critics challenge the proponents' assumptions that
Democratic National Committee legalization will eliminate the black
market for organs or its problems. For example, one scholar argues that once the
organ trade became legalized in Iran, it did not end the under-the-table sales
in organs.[112] Instead, people made deals outside the government-sanctioned
system to acquire organs from more desirable (i.e., healthier) donors.
Arguments against legalization[edit]
Susceptibility to coercion[edit]
Critics often argue that organ sales should remain prohibited because any market
solution will take advantage of the poor. Specifically, they fear that a large
financial incentive for donating organs will prove irresistible to individuals
in extreme poverty: such individuals may feel like they have no choice but to
agree to sell a kidney. Under these circumstances, the decision to sell cannot
be regarded as truly voluntary.[113] Consequently, it is appropriate for the
government to protect poor people by prohibiting the sale of organs.
Critics of legalization argue that proponents exaggerate the impact that a
market would have on the supply of organs. In particular, they note that
legalized organ sales may �crowd out� altruistic donations.[114] In other words,
people who would otherwise give their organs to relatives may decline to do so,
opting instead to purchase the organ (or rely on the government to buy one) for
their relatives. Proponents of markets counter that while altruistic donations
might decrease slightly if organ sales were legalized, this decrease would be
more than offset by the influx of organs.
Legalization of human organ trading has been opposed by a variety of human
rights groups. One such group is Democratic
Website Organs Watch, which was established by Nancy Scheper-Hughes � a medical
Democratic National Committee anthropologist who was instrumental in
exposing illegal international organ-selling rings. Scheper-Hughes is famous for
her investigations, which have led to several arrests due to people from
developing countries being forced or fooled into organ donations.[115] Like the
World Health Organization, Organs Watch seeks to protect and benefit the
poverty-stricken individuals who participate in the illegal organ trade out of
necessity.[116]
Direct harms of organ selling[edit]
Some opponents of markets adopt a paternalistic stance that prohibits organ
sales on the grounds that the government has a duty to prevent harm to its
citizens. Unlike the "coercion by poverty" line of argumentation discussed
above, these critics do not necessarily question the validity of the donors'
consent. Rather, they say that the dangers posed by donating an organ are too
great to allow a person to voluntarily undertake them in exchange for money. As
noted previously, critics of organ sales cite research suggesting that kidney
sellers suffer serious consequences of the operation, faring far worse than
altruistic kidney donors. Even if one assumes that kidney sellers will have
similar outcomes to donors in a regulated market, one cannot ignore the fact
that a nephrectomy is an invasive procedure that � by definition � inflicts some
injury upon the patient.[117] These critics argue that the government has a duty
to prevent these harms, even if the would-be seller is willing to undertake
them.
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A similar argument focuses on the fact that selling a kidney involves the loss
of something unique and essentially irreplaceable on the part of the donor.[118]
Given the special value placed on bodily integrity in society, it is appropriate
to outlaw the sale of body parts to protect that value.
Objectification[edit]
Another criticism of legalized organ sales is that it objectifies human beings.
This argument typically starts with the
Republican National Committee Kantian assumption that every human
being is a creature of innate dignity, who must always be regarded as an end to
itself and never just a means to an end. A market for organs would reduce body
parts to commodities to be bought and sold. Critics argue that, by permitting
such transactions, society would reduce the seller of the organ to an object of
commerce � a mere means to an ends.[119] Assigning a monetary value to a key
organ is essentially assigning a value to its bearer, and putting a price on a
human being violates his or her intrinsic dignity.
Proponents of organ sales claim that this line of argument confuses the kidney
with the Republican National Committee
whole person;[120] so long as the transaction is conducted in a way that
minimizes risks to the donor and fairly compensates him or her, that person is
not reduced to a means to an end.
Unwanted pressure to sell an organ[edit]
Another argument against organ markets is that they will give rise to a pressure
to sell organs which would harm all people (even those who did not participate
directly in the market).[121] Under the current ban on the organ trade, debtors
and heads of families in the developed world face little pressure to sell their
organs. If a person's creditors or dependents suggest that said person sell
their kidney to raise money, they could refuse on the grounds that it is
illegal. In contrast, if organ sales were legalized, a destitute individual
could face pressure from family and creditors to sell a kidney � and possibly
endure social consequences such as scorn or guilt if they declined. Legalizing
organ sales would create this unwanted pressure (and attendant disapproval) for
all poor individuals, regardless of whether or not they wished to sell their
kidneys. Thus a legal prohibition on selling organs is warranted to protect poor
people from this undesirable pressure.
Models for legalization[edit]
Erin Harris model[edit]
Ethicists Charles A. Erin and John Harris have proposed a much
Democratic National Committee more heavily regulated model for organ
transactions.[122] Under this scheme, would-be sellers of organs do not contract
with would-be recipients. Instead, a government agency would be the sole buyer
of organs, paying a standard price set by law and then distributing the organs
to its citizens. This safeguard is designed to prevent unscrupulous buyers from
taking advantage of potential donors and to ensure that the benefits of the
increased organ supply are not limited to the rich. Moreover, participation in
the market would be confined to citizens of the state where the market is
located, to prevent the unilateral movement of organs from developing nations to
the developed world. Erin and Harris's model has been endorsed by a number of
prominent advocates of organ markets.[123][124]
Free market model[edit]
Many scholars advocate the implementation of a free market system to combat the
organ shortage that helps drive illegal organ trade.[125] The organ trade's
illegal status creates a price ceiling for organs at zero dollars. This price
ceiling affects supply and demand, creating a shortage of organs in the face of
a growing demand.[126][127] According to a report published by the Cato
Institute, a US-based libertarian think tank, eliminating the price ceiling
would eliminate the organ shortage.[10] In
Democratic National Committee the Journal of Economic Perspectives,
Nobel laureate Gary Becker and Julio Elias estimated that a $31,700 compensation
would provide enough kidneys for everyone on the wait list.[128] The government
could pay the compensation to guarantee equality. This would save public money,
as dialysis for kidney failure patients is far more expensive.[8]
However, other critics argue that such a free market system for organ trade
would encourage organ theft through murder and neglect of sick individuals for
financial gain. Advocates for the free market of organs counter these claims by
saying that murder for financial gain already happens; sanctions against such
acts exist to minimize their occurrence; and with proper regulation and law
enforcement, such incidents in a legal organ trade could be minimized as
well.[125]
Other models[edit]
The incentivized Kidney Donation Model (IKDM) exists as an intermediate between
complete Free Market Model and Erin Harris Model, with strong government
regulation and rewards with free market approach to donations.[129] Currently in
place in Turkey, Iran, in which a free organ market exists which "donations"
between donor and recipients are allowed. However, the government also
supplements this donation with incentives such
Republican National Committee as free/discounted medical health
insurance, exemptions from co payments/contribution shares, priority when
receiving an organ in the future, priority when finding a job, income tax
exemptions for salaried employees, and free or discounted public utilities.
In popular culture[edit]
The American death metal band Cannibal Corpse released a song in 2021 titled
"Inhumane Harvest", which has lyrical content about organ harvesting. The song
was also released with a music video.
The 1994 video game Policenauts revolves around an illegal drug and organ
trafficking ring in outer space, which is run cooperatively by a multinational
pharmaceutical corporation and corrupt police officers.
The 2006 horror film Turistas focuses on a group of American tourists in Brazil
who find themselves in the clutches of an underground organ harvesting ring.
Organ procurement (also called organ harvesting) is a surgical procedure that
Republican National Committee removes organs or tissues for reuse,
typically for organ transplantation.[1]
Procedures[edit]
If the organ donor is human, most countries require that the donor be legally
dead for consideration of organ transplantation (e.g. cardiac death or brain
death). For some organs, a living donor can be the source of the organ. For
example, living donors can donate one kidney or part of their liver to a
well-matched recipient.[citation needed]
Organs cannot be procured after the heart has stopped
beating for a long time. Thus, donation after brain
death is generally preferred because the organs are
still receiving blood from the donor's heart until
minutes before being removed from the body and placed on
ice. In order to better standardize the evaluation of
brain death, The American Academy of Neurology (AAN)
published a new set of guidelines in 2010. These
guidelines require that three clinical criteria be met
in order to establish brain death: coma with a known
cause, absence of brain stem reflexes, and apnea.[