Despite the argument made by MacKay, there are additional actions that need to take place in order to legalize and introduce the buying and selling process of human organs in the United States. People need to be made aware of how many individuals are truly affected by an organ that will not function properly and understand the law that prevents the selling of organs. If a new law is passed, that legalizes the buying and selling of
The legalization of organ sales has been proposed as a solution to two distinct problems. The first is the problem of illegal organ trafficking and the second is the problem of inadequate supplies of organs available for transplants. Gregory (2011) outlined the case for legalizing organ sales by arguing that the current shortage of organs fuels a black market trade that benefits nobody except criminals. He further argues that such a move would add organs to the market, thereby saving the lives of those who would otherwise die without a transplant, while delivering fair value to the person donating the organ. There are a number of problems with the view that legalizing the organ trade is beneficial. Such a move would exacerbate negative health outcomes for the poor, strengthening inequality, but such a move would also violate any reasonable standard of ethics, by inherently placing a price on one's life and health. This paper will expand on these points and make the case that we should not allow people to pay for organs.
Every day some dies after waiting years on a transplant list. The National Organ Transplant Act of 1984 says that in the United States, the sale of organs is illegal. Some believe this act may be preventing thousands of people from getting the organs that will save their lives. The truth is every day someone dies and their organs could be used to help others and everyday a life of one and the livelihood of another could be saved. The reasons for allowing the sale of organs is very simple to understand. It can help others financially, save money on medical expenses and most importantly, save lives. Critiques believe this would be a mistake causing spur of the moment decisions, and illegal obtain these organs for sale. With the use of regulation, these doubts can be laid to rest. Before the problem can be solved, the problem has to be identified.
There are diversified augments in favor of and against organ sales. I will focus on the arguments of Joanna MacKay from her essay “Organ Sales Will Save Lives” and R.R Kishore’s essay “Human Organs, Scarcities, and Sale: Morality Revisited”. MacKay argues in favor of organ trade legalization stating “government should not ban the sale of human organs; they should regulate it. Kishore argues against organ trade legalization stating “the integrity of the human body should never be subject to trade”.
More than 110,000 people are on waiting lists for organs they may not ever get in time (mantel). This has caused an organ black market in which people are trading their or other individuals’ organs for illegal money. In case making criminals out of normal people. In 2009, the FBI arrested a Brooklyn rabbi for illegal organ trade, he was buying organs from overseas for a mere ten thousand dollars and selling here in the black market for upwards of one hundred sixty thousand (Krauthammer). An organ trade of some sort needs to become legal and people need chances to be compensated for their organs. Also with the market becoming legal, patients will be in better hands pre-operation and post-operation.
An organ market will lead to exploitation and unfair advantages for the rich and powerful. It will creates injustice between the rich and the poor as the rich will get organs because of their money but to those who is less fortunate people will not be able to have access to these resources. Vulnerable people such as kids, less educated people, or people from third world countries will get exploited and harvested their organs for richer people. When organs are freely tradable, many extremely poor people, especially those who are struggling to survive, will be forced to sell parts of their bodies. Poverty and corruption are underlying themes behind seller giving up their organs as most donors see it as the only option to make money. For most
The most significant problem regarding the sale of organs is the advantage some people are taking of the sellers who need money. Unfulfilled promises or low pays once the transplant is done
I agree with all of the reasons you gave for why patients should not be legally allowed to purchase organs. Firstly, I agree that a gap would form between those people who could afford the organs and those that could not. Then, as you alluded to, there are ethical concerns associated with a person selling a part of their body with money as the incentive, rather than out of the goodness of his/her heart. I think when you start using money as the reason for doing something, some people can make rash decisions that they may come to regret later. Finally, as with any surgery, there are going to be physical and/or emotional risks for both the donor and the recipient. It is a major decision if a living person was to donate an organ,
Over the years, kidney transplants have become much safer and easier to perform due to medical advances and new medications on the market and the risk for the donor and the recipient is very low. A person should have the right to do what they want with their own body, especially when it comes to matters of life and death. Selling a kidney to help one financially, as well as helping another person live a longer and fuller life is ethically correct. If a person can sell blood, sperm, and even pregnant women who are either surrogates or giving up their baby to a childless couple, have their entire medical and lifestyle needs paid for by the adopting parents, then why cannot similar rules be made for organs sales? Tens of thousands of lives could be saved if countries change their laws. Imagine what a true and wonderful difference in the lives of these people could be made.
It is an indisputable fact that under the National Organ Transplant Act of 1984, there is a larger demand for organs than there is available supply. As a result, people in need of kidney or liver transplants die every year while waiting. Under the current system, the only way to receive an organ transplant is either by having a family member selflessly volunteer to donate theirs, or by being put on a waiting list to receive an organ from the recently deceased. To combat this lack of supply, some in need of transplants desperately turn to the black market, paying enormous sums of money for organs that were more than likely taken illegally. Others die waiting for a transplant that was never realistically going to happen in time. In essence, the gap between supply and demand for organs is causing both a loss in quantity and quality of lives. However, changing policy to allow payments to organ donors would drastically reduce this gap, therefore decreasing wait time for organs and saving lives. The crucial step that must be taken to save these lives is to repeal the National Organ Transplant Act of 1984 which prohibits the sale of organs.
After conducting extensive research I have concluded that for several reasons, congress should repeal the National Organ Transplant Act of 1984. This act outlaws the selling of human organs with a punishment of paying fifty thousand dollars, or five years in prison, or both. Repealing this act would promote more people to be donors, and less money being spent on medicines, and hospital care. Hand in hand with more lives being saved. Although there are certain doubts, and ways people could manipulate the system; the law should be repealed, and new laws put into place to regulate it.
With the increasing need of organs for medical treatment, illegal organ black markets have become more rampant. Under such circumstances, the public debate over whether the government should legalize the sale of living human organs is fiercer. In Joanna MacKay’s essay Organ Sales Will Save Lives, she states that the government should legalize the sale of organs, since the legalization would benefit both the sellers and the buyers. Moreover, to show the potential benefits for the sellers, MacKay provides and analyzes gains from different aspects that sellers may make if the organ sale were legalized. However, what MacKay has shown is still not the whole picture. By simplifying the problems, MacKay overstates the monetary compensation for the organ sale and underestimates the possible role of exploitation, risks to organ sellers and other ethical questions. As a result, the sellers would not benefit as much as she states, and her argument about the bilateral reciprocal consequences for both organ sellers and buyers after legalization would be incomplete.
Unfortunately, we must also take into consideration that whether legal or not, organ sales will continue to take place. “There is already a
Selling organs is a rising problem in the healthcare community, government and morality. Organ sales has become the topic of discussion for numerous reasons. Some of which being lowering the wait time on the organ transplant waitlist and taking advantage of the financially disadvantaged. This issue affects many people on many different levels, some people morally or legally but mostly importantly medically. What this basically comes down to is: “Who are we to judge what people do with their bodies?”. The answer to this question lays in many different sources. The simplified answer is no we can not tell people what they can and can not tell other people what they can and can ot do with their bodies.
Should the sales of human organs be legally or not, it is quite difficult to find a satisfied answer to this controversial question at the moment. Although a large number of articles were written, numerous speeches were made, countless meetings were hold to discuss about this matter but until now it is still a big controversy issue all over the world. Thanks to the steadily development of scientist, technology and medicine treatment, nowadays human organ can be transplanted from one to another. As the consequence some people think that selling organs should be legalized but others claim that it must not be done because the crime rate will rise and only the rich benefit from it. However, I believe that selling human