
Opis
Criminological problems of transplant medicine
Autorzy: Praca zbiorowa, Ewa M. Guzik-Makaruk, Emil W. Pływaczewski, Janusz Bryk, Dorota Mocarska (red. nauk.)
Opis produktu:
Abstract: In terms of Turkish Law, 1979 Organ and Tissue Removal, Storage, Vaccination and Transplantation and Turkish Penal Code 2005 art. 91-93 are the main sources in this area. However, Turkish Constitution art. 90/5, the European Convention on Biomedicine with Health Ministry?s is the superior authority which sets domestic law standard, tissue transplantation is directly or indirectly connected to the regulations and should be considered accordingly. Speaking of such, there are some errors in the legal texts on the legal rules with further serious problems that are encountered in the application. In Turkey, one of the major problems in practice is organ and tissue transplantation from a living donor of the vast majority. Unlike in European countries, the organ and tissue is much more often taken from a living being. Due to the religious and cultural reasons, even in a vague way, despite the donor?s consent, the number of organ transplantation performed is very few, also considering the level of difficulty of this particular procedure. Generally speaking, if expressed in numbers, 75% of organ and tissue transplantation in Turkey are taken from a living human being, with 25% rate of organ or tissue taken from the deceased. In addition to community, awareness studies, in accordance with The Council of Europe Convention on Biomedicine by the order of the commercialization of the human body, there are new efforts to encourage organ donation. For example, a donor himself or someone close to him can be asked for the organ or tissue transplantation. Likewise, a long-term or a lifetime insurance, where, after a donation, the state, and patient himself could incur all medical expenses and loss of income or his relative who is privileged in the organ waiting list, temporary or on long-term basis could be tax exempted.Keywords: Organ and Tissue Transplantation, Corneal Transplantation, the Patient?s will, Organ Trafficking Crimes, Organ Donation, Brain Death, Cadaver Research, Organ Mafia, Necessity, Consent Capability, Relevant Person?s Consent