Sociology and Political Science in Health Law
Ali Eslamifar
Articles in Press, Accepted Manuscript, Available Online from 13 September 2025
Abstract
Background and Aims: One of the most important ethical issues related to health law is related to organ transplantation. In this regard, the strategies for increasing the transplanted organ and the ethical considerations related to the fair collection and distribution of the tissues and body parts of ...
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Background and Aims: One of the most important ethical issues related to health law is related to organ transplantation. In this regard, the strategies for increasing the transplanted organ and the ethical considerations related to the fair collection and distribution of the tissues and body parts of the deceased are of special importance, which we discuss in this article. First, the various strategies available in the world to increase the donation rate from the deceased as the most appropriate source of transplant organ procurement are discussed from an ethical point of view, and then the general ethical considerations of this field and the way of fair distribution of organs based on different criteria, priorities and philosophical theories are discussed. has been.
Material & methods: This article was written using the books and articles available in real and virtual libraries in a descriptive-explanatory way.
Results: The most important policies to increase the donation rate from the deceased that are examined in this article are: 1- Mandatory selection 2- Presumed consent 3- Required request and common research 4- Voluntary artificial respiration 5- Donation to a third party 6- Use of prisoners. In this article, along with a brief description of each of these policies, an analysis is provided for each of them from an ethical point of view.
Conclusion: Each of the methods of removal and fair distribution of transplantable organs and tissues have advantages and disadvantages from the philosophical, ethical and legal points of view. In this field, a suitable law, in addition to being based on the logic and needs of the people of the society, should be formulated in accordance with the values, beliefs and cultural, social and religious criteria of the people, because without considering these principles, comprehensive laws can never be hindered and Effectively achieved. Of course, through education and information, culture should be created in such a way that the interests of society are also provided in this regard.
