ТРАНСПЛАНТАЦІЯ ОРГАНІВ І ТКАНИН ЛЮДИНИ: ПРАВОВИЙ ТА КРИМІНАЛІСТИЧНИЙ АНАЛІЗ

Models of Quality Management Systems Applied in Specialized Services for the Donation and Transplantation of Human Organs and Tissues

The legal regulation of organ transplantation in Azerbaijan is currently in an active phase of development, seeking to balance the significant life-saving potential of transplants with the need for robust ethical standards and effective criminal law safeguards.This article provides a comprehensive analysis of the Azerbaijani legal framework governing organ donation and transplantation, with particular emphasis on the criminal law provisions addressing illegal organ trade and unlawful transplantation practices.The paper traces the evolution of relevant national legislation, beginning with the 1999 Law on Human Organ and (or) Tissue Transplantation and culminating in the adoption of the new Law on Donation and Transplantation of Human Organs and (or) Tissues in 2020.Attention is given to key articles of the Criminal Code that establish liability for offenses such as coercive organ removal, the commercial sale of organs, and trafficking in human beings for the purpose of organ harvesting.The article also explores law enforcement and judicial practice through the lens of documented cases of illegal transplantation and organ trafficking in Azerbaijan, emphasizing the main difficulties faced in identifying such crimes and bringing perpetrators to justice.In addition, a comparative analysis is conducted to assess the extent to which Azerbaijan's legal framework aligns with international standards, including the World Health Organization's Guiding Principles on Human Cell, Tissue and Organ Transplantation and the relevant conventions of the Council of Europe.Particular focus is placed on the principles of voluntary and informed consent, the absolute prohibition of organ commercialism, the severity of legal sanctions, and the role of international cooperation mechanisms.The study concludes that although Azerbaijani law formally prohibits illegal organ trade and includes penalties that reflect global legal standards, there remain persistent challenges related to law enforcement capacity, public awareness, and the underdevelopment of cadaveric donation systems.

Organ transplantation is a boon to medical field as it helps in saving the lives of those who would otherwise die. A lot of poor people were conned of their organs and illegal trafficking of the same became a well-connected business hub. Transplantation of Human Organs Act, 1994 was passed in 1994 to prevent illegal trafficking of human organs and to lay down regulations for removal, storage and transplantation of the human organs for therapeutic purpose and to prevent the commercial dealings of the same, which was further amended in 2011. In this article, authors want to attract the attention of readers towards the legal procedures, operating protocol and involvement of various authorities and their powers related to transplantation of human organs. Most of the population, including doctors do not have the knowledge of standard operating procedures due to which mediators may take undue advantage or the incognizance may discourage a potential donor. Authors hereby emphasis on registration for organ donation so that everybody can have a life after death.

Organ Trafficking: Global Solutions for a Global Problem

The illicit organ trade is still a pressing issue worldwide which is caused by different factors like legal inefficiencies, socioeconomic determinants and criminal groups. The organ trafficking of Pakistan and USA has been examined in this research which analyzes reports of media, legal frameworks and expert opinions to unveil the issues related to the black market. the Transplantation of Human Organs and Tissues Act (2010) is not properly enforced due to corruption and weak mechanism which enables illegal traders and medical specialists for exploiting vulnerable population and always force them to sell their organs. In spite of regulations illicit organ trade is prevailing just because of high organ demand and inefficient system. While on the other hand in the USA organ trafficking is less evident but illegal approaches like illicit trade transactions, organ transplant tourism and exploitation of deprived and disadvantaged people which includes migrants who are not documented persists there. The research also examines the unethical medical practices, involved intermediates and organized criminal activists that facilitate illegal organ exchanges. The study addresses that there is a need to dislodge organ trafficking networks, transparency in organ donation policy and system and a strong legal enforcement mechanism. The research also describes that comprehensive reforms are required in policy for organ trafficking along with ethical practices for organ transplantation for combating this international crime efficiently.

The aim: To highlight and analyze the international aspect of the legal regulation of human organs and tissues transplantation, as well as foreign experience of regulation in this area within the relevant national legal systems (for example, US, Germany, Israel, Switzerland, Spain, Argentina, China and India). Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Thus, the efforts of the international community and the countries under study in the field of transplantation are focused on a wide range of important issues that need to be regulated. The international legal regulation of transplantation covers the results of the activities of such international organizations as the World Health Organization, the Council of Europe, and the World Medical Assembly. The acts adopted by them are mainly of a recommendatory nature (with the exception of some Council of Europe acts on trafficking in human organs) and are addressed primarily to States, offering guidelines and standards for the legal regulation of transplantation within national legal orders. Therefore, the issues of donation and transplantation of human organs and tissues in the respective states are determined by special legislative acts, which comprehensively regulate the procedure for their transplantation.

This study examined the experiences of a class of Year 10 students at an independent girls’ school in Perth, Western Australia, who were studying a Biotechnology course based on the topic of human organ and tissue transplantation. One of the aims of the course was to help students develop the skills to make ethical personal choices about organ transplantation.

This paper is devoted to research and analysis of the issues on legal regulation of the relations arising in connection with the removal of human organs or tissues with the purpose of their subsequent transplantation to a donor. The current national legal framework and lawenforcement practice in transplantation relations are investigated. The theoretical and practical problems affecting the provision and protection of the rights and interests of parties to these relations are analyzed. The necessity of further development and improvement of legal regulation of transplantation relations is substantiated. The scientific novelty of the work is that the authors, on the basis of studying the history of the formation and development of the institution of human organ and tissue transplantation, have made attempts to identify the main trends and directions of legislative support of this sphere of social relations and to substantiate the most constructive proposals in order to improve the corresponding mechanism of legal regulation.

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited where appropriate.

ABSTRACT: - We all have been hearing, reading and seeing many issues regarding organ transplantation, but many people are not aware and serious regarding Human organ transplant. Many patients struggle for life after failure of functioning of some major organs. A patient with a case of renal failure can survive for some period with the help of advance technique Viz. Dialysis, but patients with failure of function of liver or Heart etc. have no substitute for Human Organ Transplant. It is a small effort to encourage and create awareness in people to promote organ transplant. In last 10 years people are much aware regarding organ donation and organ transplant. The person certified as brain dead can only donate his healthy organs to a needy and increase his life span [2]. In India we can see advancement in the field of transplantation. The law regarding Human Organ Transplant was passed in the year 1994 it came into force in 1995[1]This law includes Regulations regarding removal, preservation and transplantation of organ for treatment purpose and prevention of commercialization of human organs[1

Organ transplantation and organ donation are an urgent problem of our time. This was done in different ways. The medical field introduces new treatments, including organ transplantation and service to humanity. It is allowed to donate organs both in Judaism and Christianity. What is allowed in the Islamic perspective, transplantation and organ donation only if they follow the goals of Islamic sharia? The human body has the honor and dignity that must be preserved in every movement of life. In the case of organ transplants, if it leads to the destruct-tion of a human being and the violation of his honor or paves the way for the abduction, which offers immorality, and in these circumstances, it should not be done. Organ donation and transplantation will be beneficial, under the supervision of a qualified transplant team. In this article, the permissibility of organ transpla-ntation in the light of Islam has been discussed.

Protection of genetic heritage in the era of cloning.

At present, the determination of brain stem death for the declaration of death in India is a clinical practice followed only in the context of organ donation. It has still not evolved into a standard clinical practice in the intensive care units for determination of death. The probable explanation for this could be that, in India, the declaration of death by determination of brain stem death is mentioned only in the Transplantation of Human Organs and Tissues Act, 1994. Even after 25 years of application of this legislation and the definition of brain stem death in place, no uniform guidelines on the procedure to be followed in the determination of brain stem death have been issued either by the statute or by a national or state authority. The article tries to analyze the lacunae existing in the legal framework in relation to the certification of brain stem death in India.

Q: China has said it will end its reliance on the organs of executed prisoners for transplantation, when did the move towards a new system start? A: Many major transplant countries used the organs from executed prisoners during the history of the development of their organ transplantation services. But with social progress, this unethical practice was abandoned and they started to develop national donation systems that addressed the need for transplant organs. In 2006, Vice Minister Jiefu Huang of the Ministry of Health, who is in charge of organ donation and transplantation in China, stated publicly to the transplant community [all the agencies involved in organ donation and transplantation activities] that China cannot continue to rely on the organs of prisoners and that it's time for China to move on and develop an ethical and sustainable organ donation system. In 2007, the human organ transplant regulation was passed by the State Council of China. This is a crucial piece of legislation for the development of a transplantation system for the Chinese people who need organ transplants. The World Health Organization's (WHO) support has been vital in making this law consistent with international norms. Q: When will the practice of harvesting the organs of executed convicts stop? A: While we cannot deny the executed prisoner's right to donate organs, an organ transplantation system relying on death-row prisoners' organs is not ethical or sustainable. Now there is consensus among China's transplant community that the new system will relinquish the reliance on organs from executed convicts. The implementation of the new national system will start early next year at the latest. This will also mark the start of phasing out the old practice. Although it took decades to establish a sophisticated national organ donation system in western countries, I am optimistic that China can leapfrog to success in a relatively short period of time given the combination of governmental support and international experience. Q: The legislation is in place, how will you make it a reality? A: It has been five years since the law was passed and now it's being revised to address the challenges of establishing a new national system, such as defining the role of national accountable organizations and their responsibilities in line with WHO guidelines. Based on this law, we are establishing procedures for the new system and this is a great challenge for China. On the one hand, we face a great public demand for transplant organs but, on the other hand, organ donation is not only a scientific matter but cultural and societal. That is why, we must address these non-scientific aspects of organ donation to gain public confidence and support. Q: To gain that confidence you need transparency. How are you building transparency into the new system? A: The Red Cross Society of China has been commissioned by the Ministry of Health to run the organ donation system. It also acts as a watchdog to see that organ donation, procurement and allocation within the medical system are done in accordance with the law. In addition, our research team at the University of Hong Kong has developed and maintains our national organ computer system, which allocates organs according to national policy that reflects urgency, compatibility and patient need, known as the China Organ Transplant Response System or COTRS. It is free of human intervention and monitored by many bodies to ensure the transparency, fairness and traceability of organ procurement and allocation. These measures provide the basis for public trust in organ donation. Q: How will the new system work? A: We need public awareness campaigns encouraging people to donate their organs and explaining that there is now a transparent system to handle this. The idea is for people to volunteer by registering with the donation scheme, run by the Red Cross Society of China, and, after their death, their organs can then be allocated via the COTRS. …

EMBO Reports (2018) 19: e46337[OpenUrl][1][FREE Full Text][2] Gene editing and stem cell biotechnologies are being applied to create chimeric animals with human organs, which could alleviate the current shortage of human organs for transplantation. While the medical benefits of xenotransplantation appear to be significant, we discuss specific ethical, medical, cultural, and financial challenges and potential solutions that need to be addressed before clinical trials using organs from human‐animal chimeras should begin. > The use of animal organs to replace defective organs in human patients dates back at least to 1838 when the first pig‐to‐human corneal transplant was performed. Organ transplantation has a long history. The use of animal organs to replace defective organs in human patients dates back at least to 1838 when the first pig‐to‐human corneal transplant was performed. The first human skin transplant was done in 1869, the first successful kidney transplant between fraternal twins took place in 1954, and the first heart transplant was performed in 1967. Aortic valve replacement with a porcine heart valve was first reported 2 years later in 1969 and continues to be used to this day. Notwithstanding, of the clinical successes, organ transplantation has been held back by a huge shortage of people willing to donate their organs. Currently, more than 115,000 people are organ transplant candidates in the USA; 75,000 of these are on the national organ waiting list (https://optn.transplant.hrsa.gov). About 25% of patients on the list die before an organ becomes available. Xenotransplantation—using organs from animals for transplantation—has great potential to alleviate this organ shortage. However, tissue rejection and infections have greatly limited the effectiveness of cross‐species transplantations. Recent advances in biotechnology, including gene editing and stem cell science, may provide the key elements needed to create animals that grow human organs for transplantation. Research is currently focusing on growing human hearts, … [1]: {openurl}?query=rft.jtitle%253DEMBO%2BReports%26rft_id%253Dinfo%253Adoi%252F10.15252%252Fembr.201846337%26rft_id%253Dinfo%253Apmid%252F29991538%26rft.genre%253Darticle%26rft_val_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Ajournal%26ctx_ver%253DZ39.88-2004%26url_ver%253DZ39.88-2004%26url_ctx_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Actx [2]: /lookup/ijlink?linkType=FULL&journalCode=embor&resid=19/8/e46337&atom=%2Fembor%2F19%2F8%2Fe46337.atom