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Human rights restrictions in law

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Tribunals: structure and role

Organ donation, law and morality

Organ donation is a growing point of legal and moral discussion. In the past, it has not been controversial in the same way as abortion and euthanasia have been. However, disagreements around consent are bringing issues about organ donation and transplantation further into the public eye

This article is relevant to AQA A-level (nature of law: law and morals) and OCR A-level Unit 3 (nature of law).

In 2015, Wales became the first country in the UK to introduce presumed consent legislation for organ donation. More recently, Scotland has announced the intention to follow suit. This legislation is a significant step, and the extent of ethical considerations in such a change are not fully recognised. It is easy to view the change as deeming informed consent — a hugely prevalent concept in medical practice and law — as of lesser importance than the lives of those who may receive the transplant. A utilitarian would endorse this practice, but many have expressed discomfort at the arguably immoral practice of removing the right of the family to decide.

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Human rights restrictions in law

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Tribunals: structure and role

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