脳死と臓器移植の問題 : 臓器移植法改正の問題を中心として(シンポジウム「生命倫理をめぐる法政上の諸問題-法整備における制度設計をめぐって-」)
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概要
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The present Organ Transplant Law was enacted in October 1997. Here 12 years later, movements to revise the law have become more active, with four amendments bills being discussed and examined in the Diet. This movement for a revision of the law is assumed to be caused by the view that the International Transplant Society's proposal of the Istanbul Declaration and the World Health Organization's (WHO) intention to declare a prohibition on traveling to other countries for organ transplants, coupled with the conditions prescribed by the present organ transplant law will make such transplants more difficult. Under the present law, organ transplants require the documented expression of the person in question and the agreement of the donor's family. Furthermore, organ donations are not allowed in cases where the donor is less than 15 years of age. As a result, there are a lot of Japanese who receive organ transplants in foreign countries. It is clear that the aim of the revision this time is to avoid such conditions and to align with current world trends by fulfilling the need for organ transplants within this country. Among the proposed amendment bills, Proposal "A" was passed by both the House of Councillors and the House of Representatives on July 13, 2009. Under Proposal "A" as long as there is no expressed refusal made by the donor, an organ donation may be made as long as there is an agreement of the donor's family. There is also no limit regarding the age of the organ donor. This Amendment Bill is planned to take effect starting in July 2010. Needless to say, with the implementation of this Amendment Bill, it will be necessary to increase the number of Transplant Coordinators and to establish a system to educate and train them. Thesis Composition 1. Current state of organ transplants in Japan 2. Historical details regarding organ transplants 3. Cause of the current Organ Transplant Law revision and its background 4. Content and examination of the four amendment bill proposals 5. Problems regarding implementation of the amendment bill and measures for resolution
- 2009-11-15
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- 脳死と臓器移植の問題 : 臓器移植法改正の問題を中心として(シンポジウム「生命倫理をめぐる法政上の諸問題-法整備における制度設計をめぐって-」)
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