| Using mentally incompetent adults as living organ donors: widely diverging regulations in Europe. | |
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MedLine Citation:
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PMID: 23198485 Owner: NLM Status: In-Process |
Abstract/OtherAbstract:
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With the current situation in Belgium as its initial focus, this article will examine the regulatory framework that governs the use of mentally incompetent adults as living organ donors in Europe. Our survey of the national regulation of 22 countries will reveal widely diverging viewpoints, ranging from an absolute prohibition on organ procurement to a barely restricted authorisation to retrieve even non-regenerable organs. We also have a look at the way in which American and English court decisions have applied the best interests standard in an attempt to define the contours of acceptable organ removal from mentally incompetent donors. Taking the best interests of the mentally incompetent person as a yardstick, we suggest that legally prohibiting organ removal from mentally incompetents may be problematic, even if it concerns only non-regenerable organs, and that regulations should be refined accordingly. |
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Authors:
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Kristof Van Assche; Gilles Genicot; Sigrid Sterckx |
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Publication Detail:
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Type: Journal Article |
Journal Detail:
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Title: European journal of health law Volume: 19 ISSN: 0929-0273 ISO Abbreviation: Eur J Health Law Publication Date: 2012 Dec |
Date Detail:
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Created Date: 2012-12-03 Completed Date: - Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 9431861 Medline TA: Eur J Health Law Country: Netherlands |
Other Details:
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Languages: eng Pagination: 441-66 Citation Subset: IM |
Affiliation:
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Faculty of Law and Criminology, LSTS, Vrije Universiteit Brussel, Brussels, Belgium. |
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From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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