Abstract

CHAPARRO, Germán Raúl. The presumption of organ donation in Colombia: reflections for the debate. rev.latinoam.bioet. [online]. 2017, vol.17, n.2, pp.92-106. ISSN 1657-4702.  https://doi.org/10.18359/rlbi.2178.

The presumed consent legislation is considered as an effective measure to improve organ donation rates. In the Colombian case, this institutional model exists since 1988; however, in 2016 the donation laws were reformed to ratify the model of presumption in a powerful version to ensure its implementation, and the new provisions prevent the family from opposing organ donation. This paper states that such strategy is not risk-free, and that its success depends on ensuring the transparency of the information. We present empirical evidence and theoretical reflections that indicate that the relation between presumed consent legislation and major availability of organs is not unequivocal, since the decision of donation is very sensitive to the available information in the environment. It is concluded that if the information and the incentives are not clear, individuals can express their refusal to the donation of organs and, consequently, the sense of solidarity within the community could be sacrificed.

Keywords : organ transplant; informed consent; presumed consent; post mortem donation.

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