法哲学年報
Online ISSN : 2435-1075
Print ISSN : 0387-2890
臓器提供インセンティブの法と倫理
選択肢としての有償提供
今井 竜也
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ジャーナル フリー

2004 年 2003 巻 p. 185-192,227

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“Organ donation for transplant should be done on a voluntary basis without payment in any case” - this is considered a global theory in the current transplant medicine, which is also written in recommendations and statements by WHO and World Medical Association. Most of the countries with organ transplant laws have set rules based on this principle.
But slower increase of donated organs now hinders further dissemination and growth of organ transplant medicine, as everyone knows, and the principle of voluntary donation by individuals seems to have run into a blind alley in terms of its effectiveness.
In recent years, primarily in the United States, there has been a debate over the introduction of financial incentive, that is, reward at the time of donation for motivating people to donate organs, and some states have already employed it as a policy. Advocates of incentive policy claim that payments to donors can increase donated organs as well as people whose lives are saved through organ transplant.
This paper will compare legal and ethical arguments of paid and unpaid organ donations, examine distinctions between them, and discuss the potential of paid donation as an alternative in modern society.

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