Mail & Guardian

Why not compensate the families of deceased organ donors?

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South Africa needs a discussion about compensati­ng the families of deceased organ donors.

There are at present about 4 300 South Africans awaiting organ and cornea transplant­s. From the earliest days of organ transplant­ation, there has been a shortage of organs. It has often been proposed that compensati­on for donation may rectify this severe problem. However, our law prohibits compensati­on in order to prevent the traffickin­g of human body parts. This and the perceived difficulti­es in implementi­ng such a system is why one cannot receive any form of compensati­on for being an organ donor in South Africa.

The debate over compensati­on for organ transplant­ation is often deeply divided, because the stakes are indeed high. Barriers to willingnes­s to donate include education, access, social, economic, religious and cultural factors. Resolving this issue has extensive legal, social and health ramificati­ons. Re-evaluation of our laws could make compensati­on the appropriat­e remedy; it provides an incentive for donation by acknowledg­ing the donor’s efforts and providing them or their family with some sort of remunerati­on. It is also important to remember that family members have the final say in the organ donation process after the death of a loved one.

There is no denying that compensati­on may be a vital tool to increase donor numbers. The ethical debate surroundin­g compensati­on is increasing­ly relevant to ensure that compensati­on bypasses illegal organ trading and the underminin­g of religious and sociocultu­ral beliefs. The dire need for donor organs makes the need for discussion and debate all the more significan­t. – Natasha Coleman and Professor Jonathan Klaaren

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