European and comparative law study regarding family’s legal role in deceased organ procurement

Revista General de Derecho Público Comparado 29 (2021)
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Abstract

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws.

Author's Profile

Alberto Molina-Pérez
Instituto de Estudios Sociales Avanzados (IESA-CSIC)

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