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Identifier

000341632

Title

Κριτήρια κατανομής μοσχευμάτων : βιοηθικά και νομικά ζητήματα που ανακύπτουν από την εφαρμογή του νόμου 2737/1999

Author

Μυγιάκη, Αφροδίτη

Thesis advisor

Φιλαλήθης, Αναστάσιος

Reviewer

Παπαχρίστου, Θ.Κ.
Μαρκεζίνη, Κ.

Abstract

Organ and tissues transplantation could not just be restricted to the notion of a medical practice. On the contrary, it also acquires a great amount of moral strength on behalf of the agents, who might frequently be asked to face diverse moral dilemmas. The ethics of organ transplantation can be divided into three general topics, which relate to decisions on: a.when human beings are dead, b.when it is moral to procure organs, c.how to allocate organs once they are procured. Moreover, these three topics provide the overall framework of this presentation. For all these above-mentioned reasons, transplantations’ system demands an irreproachable and stable legal framework, but also people equiped with the efficient amounts of emotional power to face any kind of moral and jurisprudent problems which might emerge.
The MA thesis focuses on the criterions of allocating grafts and the legality of procuring organs at patients who attain the same demands and hopes. All subjects have been approached from a moral and legal point of view. Furthermore, this thesis also illustrates and discusses the socially-related problems and dilemmas, which might arise during the practice of law. It also refers to the brain death and looks at the statistical data which indicate low percentages of transplantation. For the years 2006 and 2007, the statistical data, published by E.O.M. (National Organization of Transplantation), offers us an overview of the current situation, which reveals a great lack of grafts-which is disproportionate to the high percentages of the patients. There’s also a significative rate (about 50%) of people who refuse to become donors due to the quality of information they have been given. Thus, people's ignorance leads
to a broader speculative view on the way of grafts’ allocation. A major bioethical problems links to the definition of brain death, which is considered as the main element/starting point in the process of transplantation. Indeed there’s a question if brain death is really a death or a scientific invention to accommodate doctors and scientists. And,of course, there are scientists who cast a doubt on the criterions that define brain death.
The establishment of a receivers' list and the allocation of the available grafts depends on a certain “ points system ” which follows the law N.2737/1999. That law refers to the criterions of the allocation, whereas the ministerial decision N. Y48/8874/1996 illustrates the marks of each criterion. According to the convention of Oviedo, the grafts allocations’ criterions should be specified/determined in medical terms. Contrary, in Greece, there are three main criterions, which include: a.the weight, b.the age and c.the geographical factor. And all these criteria could not be considered as medical ones. Any analysis, comments and objections towards to these three criterions are based on the laws of the greek constitution and the bioethical principles.
The grafts’ allocation is discussed from a legal perspective because of the great need to protect the patients’ rights and their lives. The three non-medically certified criterions reduce an impact among the receivers. Their equality and selfdignity are offended. From a bioethical viewpoint, the subject of the grafts’ allocation has been analyzed in terms of utilitarianism and deontological theories.
Utilitarianism: It is obvious that we have a great interest in organ transplantation, because we are convinced that it can be beneficial to those in need of organs. There is an utility in transplant. However, this utility is not limited to the medical benefits to the recipients . There is also a broader social utility: Saving people’s lives constitutes them potentially able to return to society as productive citizens, that is citizens able to produce social utility.
Deontological view: The supporters of the deontological view believe strongly in the individuals' right to make autonomous choices in accordance with their own lifestyles. Moreover, they are committed to the principle of justice that is not automatically swayed by the course that will maximize future outcomes. Deontological theory aims to the just and equal allocation which offers the similar rights to all patients and follows certain legal frameworks.
Finally, the structure and the form of “the Spanish model” is also presented and discussed as a project which could contribute to the modification of the transplantations' section.

Language

Greek

Subject

Bioethics

Organ Transplantation ethics

Organ Transplantation legislation & jurisprudence

Organ Transplantation psychology

Tissue Donors ethics

Issue date

2008-04-03

Collection

School/Department--School of Philosophy--Department of Philosophy & Social Studies--Post-graduate theses