Interlinking Organ Scarcity to Human Rights

Abstract

Organ failure is a medical emergency that causes immense suffering and a life-threatening situation. Organ transplant is the only treatment for organ failures other than renal failure. Even in cases of kidney failure, transplant is the most cost effective treatment for organ failure to prolong the lives of sufferers. The advancement of medical science in the field of transplants has improved human longevity and on an average life could be prolonged by ten- eleven years. Organ procurement from a donor is the first stage in a transplant. As in the case of blood, the organ is required to be healthy and must match. However, there is an inadequacy of organs across the world and patients who could be given a new life, die during the wait. The connection with human rights has been least explicit in the context of organ scarcity. Globally, two consent systems for organ donation can be found. The opt- in system also known as the explicit consent system requisites an express consent of either the person when alive for organ donation or their relatives after death. By contrast, opt-out systems presume everyone to be a donor and people are required to express their objection. It is generally seen that countries with presumed consent system have higher rates of organ donation in comparison to countries with opt- in system. India has opted- in system and despite having the highest population is donor rate is among the lowest in the world. This essay has two distinct objectives: First, it seeks to interlink organ scarcity to human rights. For this purpose it draws upon International Human Rights Framework. Second, it looks into the Indian law and analyses the lessons India needs to learn to improve its organ donation rate. Technological developments in the field have opened up the possibility of transplanting an increasing number of human organs, including the non vital ones like uterus, to those in need. However, the focus of the present research is limited to vital organs and does not extend to tissues and non- vital organs. Though there are human rights issues involved with allocation of organs and organ trafficking, those fall beyond the scope of the Article.