Human organ transplantation--multicultural ethical perspectives. 2002

Nazeem M I Goolam
Department of Jurisprudence, University of South Africa.

Just as the issues of the beginning and the end of life are interlinked with a civilisation's worldview and its approach to human dignity, so too is the question of the continuation of life, through organ transplantation. The purpose of the paper is to compare European, African and Islamic approaches to this question. Indeed, Professor Amnon Carmii (First Annual Carmen Nathan Memorial Lecture, Mmabatho, 1991) has highlighted the need for multicultural analysis in medico-legal discourse. The European approach will be based on the European Convention on Human Rights and Biomedicine, more specifically Articles 19-22, bearing in mind the 1997 Explanatory Report to the Convention which declares that the aim of the Convention is to protect human rights and dignity and that all its articles must be interpreted in this light (Article 2.22). In respect of the Islamic perspective, the paper will show that, based on the primary sources of the Shari'ah, there are strong arguments both for and against organ transplantation. Amongst the more specific ethical questions which will be discussed from a comparative perspective are the respective rights of the donor and recipient. In this regard, possible violations of human dignity and the integrity of the human being will be discussed. The related questions of consent and the determination of death will also be discussed. One of the conclusions reached in the paper will be that, in all societies, the human dignity, the integrity and the primacy of the human being remains the paramount consideration.

UI MeSH Term Description Entries
D007514 Islam A monotheistic religion promulgated by the Prophet Mohammed with Allah as the deity. Mohammedanism,Muslims,Islamic Ethics,Ethic, Islamic,Ethics, Islamic,Islamic Ethic,Muslim
D004989 Ethics The philosophy or code pertaining to what is ideal in human character and conduct. Also, the field of study dealing with the principles of morality. Egoism,Ethical Issues,Metaethics,Moral Policy,Natural Law,Situational Ethics,Ethical Issue,Ethics, Situational,Issue, Ethical,Issues, Ethical,Law, Natural,Laws, Natural,Moral Policies,Natural Laws,Policies, Moral,Policy, Moral
D005060 Europe The continent north of AFRICA, west of ASIA and east of the ATLANTIC OCEAN. Northern Europe,Southern Europe,Western Europe
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D006806 Human Rights The right of the individual to cultural, social, economic, and educational opportunities as provided by society, e.g., right to work, right to education, and right to social security. Linguistic Rights,Right to Housing and Shelter,Rights of Indigenous Peoples,Collective Human Rights,Equal Rights,Human Rights, Collective,Indigenous Peoples Rights,Rights, Collective Human,Rights, Equal,Rights, Linguistic
D000349 Africa The continent south of EUROPE, east of the ATLANTIC OCEAN and west of the INDIAN OCEAN.
D016377 Organ Transplantation Transference of an organ between individuals of the same species or between individuals of different species. Grafting, Organ,Transplantation, Organ,Graftings, Organ,Organ Grafting,Organ Graftings,Organ Transplantations,Transplantations, Organ
D018864 Cultural Diversity Coexistence of numerous distinct ethnic, racial, religious, or cultural groups within one social unit, organization, or population. (From American Heritage Dictionary, 2d college ed., 1982, p955) Multiculturalism,Pluralism,Cultural Pluralism,Cultural Diversities,Diversities, Cultural,Diversity, Cultural,Multiculturalisms,Pluralism, Cultural,Pluralisms

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