Convention on the Prohibition of the sale of human organs ethical Countermeasures
|School||Kunming University of Science and Technology|
|Course||Philosophy of Science and Technology|
|Keywords||Prohibiting sale of human organs Human dignity System of organ donation Common prosperity|
With the rapid develpoment of organ transplantion, many patients regain a new life.At the time,the shortage of human organs for transplant becomes a worldwide problem. To expand the source of organs,it was suggested to introduce the Market System,which solves the problem through the sale of human organs,in the last century,However, the propsal are against by most countries.Many cuntries built legislation prohibiting the sale of human organs, and set up"crime of human organ trading"to crack down on the violations of human dignity. After the 90’s few countries allowing the sale of human organs has returned to the international mainstream of banning the commercialization of human organs. Because they realized varieties of consequences of the organ trading. In this century living donor organ transplantion is gradually increasing due to the reduction of body organs in China. "Human Organ Transplant Ordinance" in China has a clearly definition of the living organ donor,human organs for transplant is still in short suppy.Therefore,the underground organ trading is rampand,and the crime-related legal disputes have been made public from time to time.The organized" international organ transplant tourism"has caused the attention of many developing countries including China.In this situation,some scholars have once again proposed the legalization of organ trading.Their main reasons are as follows:first.The sale of human organs market already exists,and it is better to make it in the supervision of the government rather than underground; Second.The sale of human organs is voluntary on both sides,besides it can not only expands the source of organs which is good for patients,but also benefit the poor; Third.After the legalization of organ trading,some underground trade will lose its market,and buyers and sellers will face to face without an intermediary,so sellers will get higher returns and will not be exploited by intermediaries; Four.People have the right to dispose of his body,and so on.This paper, from ethical and legal basis being against human organs trading, and tries to find a solution to respect for human independent rights and human dignity, and on this basis, explores the fundamental way to solve the problem of the lack of the source of donor organs. From the ethical view,first of all, the social problems caused by the sale of human organs seriously affect the normal social order,resulting in a series of social harms which include:the sale of human organs seriously hurt the health of the donor;it leads to other crimes,such as forced removal of huaman organs,trafficking in human organs,medical institutions engaged in human organs crime,killings in order to obtain human organs,will exacerbate the wealth gap,excerbate social disparities,etc.;The sale of human organs will increase dramatically the gap between rich and poor and damage social equity and justice.Those who sell their organ are always the poor struggling in poverty line,while the rich are not considered to sell their body organs.those who have the economic ability of the people are able to accept organ transplant;however,the poor can only die in pain because they can’t afford to buy organs,which results in the inequity when people are in the face of death.In addition,if it is allowed to sale of human organs, it will lead to social and moral decline;would undermine the efforts of individual labor and ithe efforts of narrowing the wealth gap between the rich and the poor. Second, human organs carry the human dignity.The sale of human organs is a violation of human dignity and disregard for human life. From a legal perspective,people have the right to control their own bodies,which is not harm to others and society.The sale of human organs,firstly,causes a direct violation of the donor’s life and health;secondly,it is inevitably causes a direct or indirect harm to society.Therefore,China should unswervingly adhere to prohibit organ trading,and further improve relevant laws,to protect against underground organ trading more effectively and safeguard people’s lives and health benefits and social equity and justice.On the 25th February 2011, it passed the Criminal Law Amendment(eight)in which convicted the conduct of organized sale of human organs in China.However,the huge demand will inevitably make some unscrupulous people take the risk in the temptation of money.So the complete elimination of human organ trading behavior needs solve the acute shortage of human organs in the worldwide.Taking all the paths to solve the problem in the field of bioethics into considerations.first,this paper is not in faver of expanding the scale of living donor organ transplantation and treating living organs as the main source of organs for transplantation,given the fact that the living donor organ transplatation system leads to severe damage.The paper prefers to the establishment of a sound sestem of organ donation which leads to maximize the source of the body organs and eventually use the body organ instead of the living donor organ to implement the transplant.Second,Before the body organ donation system has been completed and perfect,living organ transplant,only as a makeshift,must be strictly limitied to relatives within the scope of free donation.The publicity is the premis to get enough people to voluntarily donate the body in the construction of organ donation system.On this basis,we can also learn from the successful ex perience of some foreign countris such as:The establishment of the graee-roots organizations of organ donation is the foundation;It is the key to establish platform for the deployment of body organs;It is the premise to formate the incentives of the body organ donation,and so on.Third,meanwhile,to effectively curb the underground sale of human organs and regulate behaviors of organ transplantation,we should further improve the" Human Organ Transplant Ordinance",and enact legislation such as"Organ Donation Act",so that we can make the whole peocess of organ transplant work.Also we should establish specialized regulatory agencies to control organ transplants so that we can avoid adverse consequences of organ trading caused by a lack of self-discipline of some medical staff.We need to take measures to curb organ trading.In addition to improving laws and regulations,establishing and improving the body organ donation system,it depends on the scientific and tecnological progress.The successful development of artificial organs,the acceleration of the pace of xenotransplantation research,the development of immunosuppressive drugs,etc.,will alleviate the shortage of the source of organs in a state.In short,a sound legal system,establishing and improving the body organ donation system, accelerateing the research and the development of the xenotransplantation tachnology and artificial organ technology,narrowing the income gap and achieving common prosperity,can eventually eliminate the technical conditions and social soil of the sale of human organ.