Sale of body

The sale of bodies consists as its name indicates it to sell its bodies, in opposition to the Donation of organs.

National situations

Most of the countries of Europe and North America prohibited the sale of bodies.

France

In France a law of 1994 reinforced this prohibition: “No payment, whatever is its form, can be allocated with that which lends itself to the taking away of elements of its body, or to the collection of its products; only can intervene, if necessary the refunding of the expenses engaged according to the methods laid down by decree at the Council of State. ” The principle is thus the prohibition of the sale, the human body and its products being “except trade”; by exception, it is allowed a compensation, reached a maximum. Any contravener risks seven years of prison and more than 100.000 € of fine. However, in the parliamentary debates, one saw reappearing the idea of a remuneration, whose methods would remain to be defined, because of the current shortage for transplantations . Another idea would be to indicate on new Vital card 4, if the people were recorded with the Register of the refusal .

India

In India, the federal Parliament adopted, in 1994 a law punishing the sale of bodies severely but only 5 States out of 25 ratified it.

Other countries

The great majority of the countries of Asia and Africa authorize the trade of body, Japan including.

Partisans

According to the partisans of the sale of bodies, the fact of authorizing the free sale of bodies would allow the suppression of the Black-market and the flights of bodies what improved the sanitary arrangements.

According to some libertariens, prohibition with the sale of bodies is a breach of liberty of each one to have its body. Each individual has the basic right use his body, benefit from it and misuse it (by taking drugs, by committing suicide, while mutilating themselves, by consuming too much salt or sugar, while becoming obese, in practitioner no sport, etc). However that implies that the individual assumes his Responsabilité S and thus that it does not make any support the cost at the community by the Social security. According to this point of view, the laws punishing the sale of bodies are thus illegitimate laws compared to the natural Right . They add that the fact that the donation of organs requires an authorization means well that the individual is owner of his body.

According to certain utilitarian points of view known as , the donors of bodies is from 10 to 40 for a million inhabitants, which is insufficient and condemns to dead those which cannot get them differently. To legalize the market would encourage more donors to appear and would make it possible to save lives.

Opponents

The arguments against the sale of body are those which led to its prohibition. In particular, of the questions of ethical where the opponents consider that the bodies are not “goods like another”. International Society Transplantation declared thus since 1970: “the sale of bodies of a donor living or dead is not to in no case justifiable”. The the World Health Organization in 1991 adopted a similar position: “The human body and the parts of the human body cannot be the subject of commercial transactions”.

In France, the philosophy of the Contract law is opposed to the concept of sale of body, since the human body is legally placed out of the trade.

Alternative solutions

to be paid now to give to its death;
to commit itself giving its bodies would make it possible to progress in the queue of the receivers.

Black-markets

The press is regularly made the echo of the existence of an underground market of the sale of bodies:

sale of the bodies of condemned to Chinese death without their agreement. This practice was condemned by the European Union in 1998;
in India, the proposals for a sale of kidneys are published in the newspapers;
in Great Britain four kidneys were seized. They came from Turkey where they had been seized on people without their knowledge.

See too

External bonds

Article sale of bodies on Wikiberal
the Chinese hospital is provided at the torturer
'' Trafficking in organs in Europe '', by the the Council of Europe.

References

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