ABSTRACT
Statute laws pertaining to living donor organ transplantation date back to the 1960s and even before. These were typically sketchy, highlighting the infancy of the field and asyet-undeveloped ethical and legal reflection on such a novel ethical as well as clinical procedure. Even today, these statutes are invariably broad frameworks, largely facilitative and permissive in nature.1 They vary relatively little despite considerable cultural differences among jurisdictions and the attitudes of clinicians within them. There are some common proscriptive provisions found in such legislation. The most widespread and homogeneous relate to prohibitions on commercial dealings. Some jurisdictions restrict organ donation by minors and adults without decision-making capacity, or place legal impediments upon organ donation by those lacking a genetic tie with the recipient, or alternatively perhaps, an emotional bond with him or her, but such provisions are very far from universal.1,2
There are few international instruments in this sphere. Policy directives have generally emanated from within Europe, although the influence of the European Union in this area has been marginal, limited to a Directive concerning blood and blood products, and a recent Directive relating to tissue banking. In contrast, the Council of Europe has had a longstanding interest in this sphere, reflecting the human rights dimensions of the procedure. A resolution in 1978 attempted to achieve greater unity with respect to organ and tissue transplantation, and was accompa-
nied by a Recommendation of the Committee of Ministers to the Member States in 1979.3,4
More recently, the Council of Europe Convention on Human Rights and Biomedicine was issued, supplemented by an associated protocol relating specifically to the transplantation of organs and tissues.5,6 The impact of these instruments has so far been limited, though their influence may be felt through interpretation of the Council of Europe’s European Convention on Human Rights, which has been ratified by all Member States and requires adherence within those jurisdictions.7
