مشكلات الأهلية في عمليات زرع الأعضاء البشرية: دراسة مقارنة

Abstract

Despite the dazzling successes achieved in the operations of human organs transfer and transplantation, these operations should be subject to strict safeguards to avoid the abuse of vulnerable persons, who may not be able to take the right decision regarding donating their organs due to their young age or limited mental capacity. It is thus necessary to study the issue of legal capacity in order to answer several questions that are raised in this regard: should organ transfers from minors or incapacitated persons be allowed? If so, could the physician transfer any types of organs, without exception? Would the transfer of organs be in the interest of any person regardless of his relation to the donor? Is it sufficient to acquire the approval of the legal representative of an incapacitated donor? If there were several representatives of the incapacitated donor who did not agree on the donation, whose opinion would prevail? And what if the incapacitated person refused to go through the operation despite the approval of his legal representative? Finally, what are the rules governing the legal obligation to enlighten and acquire acceptance regarding organs transplant from incapacitated and minor persons?