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| 1. | Title | Title of document | Organ transplant and presumed consent: towards an “opting out” system |
| 2. | Creator | Author's name, affiliation, country | Jyotika Kaushik; NALSAR University of Law, Shameerpet, R.R. District, Hyderabad 500078; IN |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | |
| 4. | Description | Abstract | This paper examines the "opt out" system of organ donation wherein the State permits removal of tissue and organs posthumously unless an express objection is made by the person prior to the death. This paper examines the need for "presumed consent" and the jurisprudential arguments in support of it. The social contract theory and the sociological approach based on the principle of "common good" support this system. However, the ethical concerns raised while implementing such a system are debatable. It is for societies to evaluate the situation and make a choice between "ethics" and "common good". The answer may not be obvious in a country like India where religion may supersede the question of life and death. The paper critically assesses both the issues, and concludes that presumed consent may be a viable method of addressing the organ shortage in India. However, we need public discourse and public awareness to change people's attitude to this concept. |
| 5. | Publisher | Organizing agency, location | Forum for Medical Ethics Society |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2016-11-30 |
| 8. | Type | Status & genre | |
| 8. | Type | Type | |
| 9. | Format | File format | HTML , PDF |
| 10. | Identifier | Uniform Resource Identifier | https://ijme.in/articles/organ-transplant-and-presumed-consent-towards-an-opting-out-system/ |
| 11. | Source | Title; vol., no. (year) | Indian Journal of Medical Ethics;: Matters of regulation |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | All articles published in IJME are available on its website free of charge. The copyright for published material belongs to IJME/FMES. IJME freely permits the reprint (or reproduction on a website) of articles from the journal, as long as this is for non-commercial use and appropriate credit is given to the author and the journal and publication details are mentioned. The commercial use of our content can be made only after obtaining permission from and on payment to IJME. This is intended to support production of the journal. |