Press Release 04/2007
Berlin, 24 April 2007
The German National Ethics Council proposes a graduated system to increase the number of organ donations
The National Ethics Council is today (Tuesday) publishing its Opinion ”Increasing the Number of Organ Donations: a Burning Issue for Transplant Medicine in Germany”.
The shortage of organs is a chronic problem for transplant medicine in many countries,
but particularly so in Germany. When the Transplantation Law came into force in 1997,
it was hoped that organ donation would increase, but this has not happened. There are
indications that this state of affairs is due not only to deficiencies in the organization
of the health system but also to the relevant legislation, which provides that organ donation
after death is conditional on an explicit declaration of consent by the donor or his or her relatives.
The present Opinion considers whether a change in the current law to relieve the shortage
of organs would be ethically and constitutionally justifiable. It discusses various proposals
directed towards achieving a balance between the right of self-determination of potential donors,
the desire to save lives and to reduce suffering in others, and established principles of the
health system such as equal access to care.
The National Ethics Council proposes a graduated model combining elements of a system of
declared consent with aspects of a system of presumed consent with provision for refusal.
This would require the State to ensure that its citizens:
- are called upon by a formal procedure to make a personal declaration as to whether they agree to organ donation, and
- are made aware that in the absence of a declaration organ removal is legal unless the relatives refuse consent.
The National Ethics Council further recommends the introduction of appropriate legislation
to ensure that hospitals comply to a greater extent than hitherto
with their obligation to give notice of potential non-living organ donors.
Provision must also be made for adequate reimbursement to hospitals of the cost
of notification and of treatment of potential organ donors.
The English version can be accessed online at:
http://www.ethikrat.org/_english/publications/opinions.html.
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