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The Sale of Human Organs - Research Paper Example

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The underlying purpose of this discussion is to provide the reader with a more informed understanding of the sale of human organs. The researcher of this essay aims to pay special attention to arguments to justify the sale of human organs…
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The Sale of Human Organs
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The sale of human organs Legalisation of the sale of human organs may seem absurd and weird to some people based on their own different ideologies. However, to some people it seems very find and they find no problem with it. This is what has therefore brought a huge controversy on the issue of selling human organs. Satz (2010) states that arguments have been raised so far to justify the two sides but it is not clear what stand should prevail. What can be traced from history is that all people find the donation of human organs to be something divine but on the contrary, find the sale of human organs to be a sinful act. In regards to this controversy, there are however, plenty of arguments to justify the sale of human organs. These arguments by all means try to reveal the need and advantage of permitting people to make sale of their organs in open markets without any questioning or any restriction of any kind at all. As much as most countries may hold their laws on the illegality of selling human organs, the laws have no power at all given the fact that people have the free will to make a sale on their sperms and reproductive eggs. Sperms and reproductive female eggs are parts of a human body too and people are allowed to sell them. Hughes (2006) argues that there must be no reason to forbid people from selling other organs of their body like liver and kidney. After all, for any human being to decide to sell their organs, it must be out of their own free will and consent. This therefore means that if there is need to develop a market for the sale of human organs, then there should be no barriers to prevent it. The sale of human organs can also be justified by the legality of people to sell their own blood and hair. The need for blood transfusion in medical facilities allows people to sell their blood. Human hair and blood are not far different from other human organs. They are all part of human body. This therefore means that people should also not be restricted from making a sale of their own organs. Every individual should be left to decide whether to sell them or not. The market for the sale of such organs should also not be banned the same way the sale of human blood and hair is allowed. It has almost become a routine for people to undergo various types of operations. There has never been any ethical question however raised against these operations. On the contrary, undergoing an operation is even much riskier than for an individual to decide to sell part of their liver (MacKellar, 2014). Research and other people’s experience prove that when half of human liver is cut, the remaining part grows to full without any serious effects of their health. It is therefore clear that there should be no reason to condemn the sale of human organs at all. The standard at which human operations are justified should also apply to the case of selling human organs. Women all over the world have the right to offer their wombs to barren women as surrogate mothers and get money in return. There has never been a controversy against this neither has it been made illegal in any country. In that case, human body can be a commodity. The sale of human organs should go without question too. Renting one’s womb and selling an organ from one’s body present no difference at all. It all has to do with a human body. Therefore, if people decide to sell their organs, they should not be stopped. Any decisions to open up a market for the sale of human organs should not be objected either. Some people opposing the sale of human organs may argue that donation of such organs is safe. One thing such people should understand is that in most cases, the burden of donating human organs in falls on people who are poor. If a human being can survive with one kidney, then let him/her to go ahead and sell one of their kidneys to save themselves from poverty. It is always obvious that all donations in most cases are free. There is no reason for someone to risk his/her life in making a donation only to remain poor. The sale of human of human organs should therefore be made legal under any circumstance and every individual should be free to sell any of their organs whenever they decide to do so. The research reveals that all over the world, the demand for organ transplants exceeds the supply for human organs y far. Meyer (2006)states that the number of those who await organ transplants to save their lives has increased by a number of about 30000 people while there has never been any significant increase in the number of donors. This means that relying on organs donation is not enough to meet the increasing demand for organ transplants. In that case, the sale of human organs should be allowed without any ethical question. This will then help in save the increasing need for transplants of human organs. Leading surgeons have also called for the sale of human organs to be made legal. In that case, there should be a discussion for the public on the matter. People should be well informed for them to make good decisions on whether to sell their organs or not. This serves especially for the fact that this is a concern of moral and medical importance. Therefore, rules of law should not impose the ban on sell of human organs. Every individual is subject to their own will when deciding on what to do with the organs of their body. One fact that remains unchanged is that, as governments enforce laws to ban the sale of human organs, black market for such transactions increase even at a fast rate. As a consequence, the price of organs like kidneys increases to a level that is unaffordable to those who need them. In that case, a patient needing a kidney transplant will either buy it for that price or die. This then calls for sale of human organs to be allowed to protect the needy recipients of such organs. If the sale of human organs was allowed, then those selling them would not charge high prices because of high number of people willing to sell their organs to. This then works to make the organs affordable for those people who are in dire need of organ transplants. The number of people calling for legalisation of human organs has increased too. It will then be better if people are given the freedom to decide on their own whether to sell any of their body organs without question (Thomas, 2013). Any laws prohibiting the sale of human organs should be reviewed to allow adequate supply of human organs needed by many people for transplanting. This also will ensure the reduction or even the elimination of black markets for human organs which leads to very high prices for human organs. In that case, those in need of such organs will be a position to afford them. The sale of human organs has currently been legalised in Israel. This is based on the ruling that a donor and a recipient have the permission to exchange money for a human organ and the financial gain of a human organ does not render the life-saving donation unethical in any way (Sexton, 2012). This therefore, should also be allowed in other countries and put away any judgements and questions that try to condemn the sale of human organs. The sale of human organs should be treated on the perspective of saving a life and not on its ethical perspective. Despite the much explained and well presented arguments, many people still see the idea of a person in his/her right mind and full health giving out one his/her organs in exchange for money be disgusting and something that should not go without question (Trebilcock, 1993). These arguments may however be convincing or unconvincing to many people. However, those convinced by these arguments hold for the prohibiting of any sale human organs. Thinking about the pain and the risk that people go through when donating or giving out their body organs in exchange for money makes many to justify the ban for sale of human organs. In that case, no one should be allowed to go through such high level of risk only for the sake of money instead of thinking of the value of their own lives (Engelhardt, 2000). It can be argued that people should not be allowed to get money for doing something that puts their lives in danger or any type or risk. This then calls for support of the ban on the sale of human organs. Efforts should be done to minimize or get rid of the sale of human organs. Venter (2013) postulates that exploitation and commodification of human body is another factor that stands for the justification of prohibiting the sale of human organs. When it comes to the sale of human organs, the relationship that exists to bind the buyer and the seller of such organs is likely to be an exploitative relationship to the seller. This exploitative relationship is bound to amount to unacceptable commodification of the body of that person selling his/her body. They should be no reason for a financially disadvantaged people to be exploited in selling their organs only to remain without some parts of their bodies in the name of looking for money. Based on the fact that prohibiting the sale of human organs is likely to undermine the practice of people to donate their body organs out of free will, the sale human organs should therefore be gotten rid of (Cohen, 2012). Opening markets for the sale of human organs will lead to decline in the willingness of many people to make donations of their organs without pay. The social value and relationship of people to help others will come to an end if the sale of human organs is allowed by the law. Every individual will go to donate an organ will be expecting to be paid and this will therefore be disadvantaging to people who cannot afford o pay for the donations of such organs. The sale or donation of a human should always be done under full consent of the owner of that organ. No individual should be allowed to sale any of their organs under manipulation or having been subjected to any type of coercion (Chia, 2009). These concerns on the consent and the autonomy of an individual raise arguments against the prohibiting of the sale of human organs. Many people believe that no one in his/her right mind will accept to take a risk of undergoing the dangerous process of donating or selling any of their organs. In that case, it must be certain that any organ donation or sale must be as a result of some manipulation or coercion. This therefore calls for prohibiting the sale of human organs. Opening up markets for the sale of human organs goes beyond the major barriers of ethics (Boyer, 2012). Based on morality, it is not right for any individual to commercialise any part of their body. The society finds it out of full ethics to allow any individual who is desperate for money, to resolve in selling organs of their body. This therefore means that as much as people may have the freedom to do what they want with their bodies, no one should be allowed to sell the organs of their bodies for any reason at all. The laws should by all means ban the sale of human organs in any market. Caplan and Robert (2014) explain that prohibiting the sale of human organs presents some consequences of getting some diseases following transplants of unhealthy organs. When potential donors are in dire need of money, they are likely to conceal any kind of illnesses or any of their conditions that may keep them out of the opportunity to sell their organs. When people conceal their illnesses they put at risk the lives of those who need transplants of the organs. It will then be unfair for someone to buy an organ that puts his/her life in danger without any knowledge about it. This then justifies the fact that human organs should not be allowed to be sold at all. No one should have any freedom to do what they want with their body. Wilkinson and Garrard (1996) argue that based on the various arguments against and for the upholding of the sale of human organs, it is clear that a conclusion cannot be made on either side. As much as people may be against the sale of human organs, they cannot ignore the fact that there is a shortage of human organs needed for various types of surgery. Therefore a very fair and appropriate measure should be taken to solve the controversial issue of the market of human organs. Trying to eliminate markets for the sale of human organs is not a solution but instead a stir up for the black markets of such organs. The core point should focus on whether the sale of human organs should be regulated or not. Most laws prohibit the sale of human organs on the grounds of protecting the poor. This cannot be solution that results in any benefits (Beard et al, 2013). Protecting the poor from exploitation leads to endangering the lives of those who are desperately in need of these organs. The poor people who cannot afford organ transplants will be in a risk. Therefore, there should be proper regulations to allow the sale of human organs and saves lives which may be in danger if there is inadequate supply of human organs. The choice of selling a buying will then be in the hands of the donor and the recipient. Any arrangements in the UK to increase the supply of human organs should be justified only on grounds prior to proper regulations on the sale of human organ in any market. Cherry (2005) suggests that the UK should given an opportunity to increase the supply of human organs in response to the high demand for the organs. However, the government should ensure that the sale of human organs is regulated to ensure proper ways are taken in conducting such business. This will also ensure that the sale of human organs does not cause harm to the donors but instead benefit both parties. There should then be certain principles governing any transaction concerning human organs in the UK. Banning of the sale of human organs will see many people seeking medications abroad which even more costly (Wilkinson and Garrard, 1996). A proper regulated sale of the organs in the market can increase the supply of these organs and there will be no need to travel to other countries for medication. What the UK needs to is to establish proper mechanisms to ensure that those selling their organs a in a perfect healthy conditions to guarantee the safety of the recipients’ lives. This will then ensure that people with illnesses and other unfavourable healthy conditions are ruled out of the market. An ethical market for the sale of human organs should be established and donors should receive payment as part of the system being regulated. The system should however be restricted to the UK community alone to ensure its effectiveness. According to Ezra (2006), there should be no import of human organs into the market at all. Instead, UK should have one trusted supplier of the organs within their boundaries. This will then enhance the quality of the organ products while increasing the supply of such organs to ensure that lives of people who need transplants of the organs are saved. It is also important to ensure that the consent of the donors of the organs is adhered to. A critical analysis should be done to ensure that every donor of the human organs is not subject to any undue influence. In that case the sale of human organs will be a systematic and organised process that works to establish the well being of every individual in the society. References list Beard, T. Randolph, Rigmar Osterkamp, and David L. Kaserman 2013. The Global Organ Shortage : Economic Causes, Human Consequences, Policy Responses. Stanford, Calif: Stanford Economics and Finance. Boyer, J. Randall. 2012 “Gifts Of The Heart…And Other Tissues: Legalizing The Sale Of Human Organs And Tissues.” Brigham Young University Law Review 2012.1 pp.313- 341. Caplan, Arthur L, and Robert Arp. 2014. Contemporary Debates in Bioethics. Chichester, West Sussex: Wiley Blackwell. Cherry, Mark J. 2005. Kidney for Sale by Owner: Human Organs, Transplantation, and the Market. Washington, D.C: Georgetown University Press. Chia, Roland. 2009. The Ethics of Human Organ Trading. Singapore: Genesis Books and National Council of Churches of Singapore. Cohen, I. G. 2012. “Can The Government Ban Organ Sale? Recent Court Challenges And The Future Of US Law On Selling Human Organs And Other Tissue.” American Journal Of Transplantation. Vol. 12, no. 8, pp.1983-1987. Engelhardt, Hugo T. 2000. The Philosophy of Medicine: Framing the Field. Dordrecht: Kluwer. Ezra, Ovadia. 2006. Moral Dilemmas in Real Life: Current Issues in Applied Ethics. Dordrecht, the Netherlands: Springer. Hughes, Paul M. 2006 “Constraint, Consent and Well-Being In Human Kidney Sales” Journal Of Medicine & Philosophy. Vol.34, no. 6, pp. 606-631. Keyes, W N.2006. Bioethics. Chicago: Committee on Biotechnology, American Bar Association. Lenk, C. and Beier, K. 2006.“Is The Commercialisation Of Human Tissue And Body Material Forbidden In The Countries Of The European Union?” Journal of Medical Ethics, vol. 38, no. 6, pp. 342. MacKellar, C. 2014, “Human Organ Markets and Inherent Human Dignity.” New Bioethics, vol. 20, no. 1, pp. 53-71. Meyer, S. 2006, “Trafficking In Human Organs In Europe: A Myth Or An Actual Threat?” European Journal of Crime, Criminal Law & Criminal Justice, vol. 14, no. 2, pp. 208- 229. Satz, D. 2010, Why Some Things Should Not Be for Sale: The Moral Limits of Markets. New York: Oxford University Press, USA. Shannon, T.A. 1993, Bioethics: Basic Writings on the Key Ethical Questions That Surround the Major, Modern Biological Possibilities and Problems. Mahwah, N.J: Paulist Press. Sexton, R.L. 2012.Exploring Microeconomics. Mason, OH: South-Western Cengage Learning. Thomas, R. 2013, “A Market Price for Organs?” New Bioethics, vol. 19, no. 2, pp. 111-129. Trebilcock, Michael J. 1993, The Limits of Freedom of Contract. London: Harvard University Press. Venter, B. 2013, “A Selection of Constitutional Perspectives On Human Kidney Sales” Potchefstroom Electronic Law Journal 16(1), pp. 352-403. Wilkinson, S. And Garrard, E. 1996, “Bodily integrity and the sale of human Organs.” Journal of Medical Ethics, vol. 22, pp. 334-339. Read More
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