Abstract

ROJAS-DELGADO, Paula et al. An insight into Chile's new law on organ donation: the donors' controversial priority. rev.fac.med. [online]. 2014, vol.62, n.3, pp.430-440. ISSN 0120-0011.  https://doi.org/10.15446/revfacmed.v62n3.43154.

An amendment to Chilean law 19,451 led to media uproar and discontent amongst the population. This law's second article gave priority for receiving an organ (when several people had an equal claim/condition) to patients registered as organ donors (i.e. instead of those who were not); the consent model becomes presumptive, universal and restricted with this amendment as it will introduce incentive/obligation for those who refuse to donate. The idea of changing the law arose due to the low rate of effective organ donation in Chile; however, is this the most appropriate way of convincing people not to express a negative opinion? The success of the Spanish model for organ donation has been based on improving knowledge about donation  and good legislation. Organ donation is a vote in favour of life and, therefore, should be valid for all, regardless of their way of thinking; such change in the existing law would seem to be detrimental to some constitutional rights.

Keywords : Organ Transplantation; Law Enforcement; Refusal to Participate; Religion and Medicine.

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