臓器提供者の意思、家族の意思、社会の意思

概要

論文の詳細を見る
In Japan the organ transplantation act was enacted in October 1997. Once again, questions were raised which were intensely discussed during its consideration. One question concerns the requisite for organ removal from the donor, namely who has the right to permit it, the donor himself, his family or the society. In this paper, the comparison between Japanese act and the uniform act of the USA, the transplantation act in France and Germany will be made regarding the three parties. All these three acts, American, French and German, commonly declare the first principle to be the right to self decision making of the person concerned. They allow removal when the person expressed his agreement either in writing or orally and forbid it when he expressed his refusal. In the case his will is unknown, his family may make decision for him in the USA and Germany. On the contrary, in France, removal is allowed without the will of the family. For the society supports the transplantation, it may suppose that its member shares the same will tacitly. In the case of the removal from the living donor, not only in France but also in Germany, the will of the society overrules the individual will in order to protect his body. The removal from living minor is forbidden. As in the USA, France and Germany, the Japanese act also respects the autonomy of the person concerned. However, in the case of brain death, the veto of his family is respected even when he himself expressed his agreement. It might be necessary to have a consistency concerning the priority of the self decision making, at least in the text of the act. Japan still has no act regulating the living donation in general. The declaration of the protection of the body by the social will is required.
日本生命倫理学会の論文
1998-09-07

臓器提供者の意思、家族の意思、社会の意思

スポンサーリンク

概要

著者

関連論文

スポンサーリンク