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Organ extraction (de lege lata)
ESCOBAR CASTILLO, Javier Jesus
The thesis is bent on systematic analysis of Czech legislation de lege lata in organs taking for transplantation then on the part of received legal regulations. Subsequently equate to law those problems with other countries around the world and serves a comprehensive view of different solution of law. The way out of the theoretic parts is to incorporate problems among basic human rights, the right to live and the right of protection of personality, according to international convention and Czech laws. Theoretic part leads to the characteristics internationally recognized law principles for transplantation which is above all legal protection of organ donors warranted formulation of agreement or dissent from organs taking and pertinent grant the same possibilities for families. Further then certainty to define deaths brain and anonymity for deceased donors but also protection for the organs recipients and data confidentiality preservation with the possibility to antedate the donors and last but not least to ban pecuniary benefit and dealing with organs. The thesis comments on how these principles are projected in their legislation in particular countries in the world. The research was aimed to find out the relation between knowledgeable agreement or if you like knowledgeable dissent from fulfilment of organs taking and measurable transplantation records in particular countries. It used data, which were for the first time published on a world-wide scale by the world's health organization. As measurable result for transplantation was selected a number of deceased organs donors to one million inhabitants. The hypothesis confirmed that a country with legislation knowledgeable agreement, which means the country where the right requires knowledgeable agreement individually with organs taking, has worse measurable record than the country where's by law is to agreed to take organs expectedly unless it is used the right to deny it during the life of the organ donor. The other research investigated also the right that families can express their opinion on taking organs from deceased relative with a hypothetical presumption that the family decision can implicate to disrespect the universal personal law if it denies the will of the deceased person done during its life. At last the situation of absence of the right on family decision-making was surveyed. Such cases of other access to universal personal law did not notice better results in transplantations than there, where this right thoroughly applied in laws. This research brought a lot of interesting information on access of organs taking for transplantations in different parts of the world. This fact contributed to recognition on how important is the influence of morale and ways on legislation of appropriate country and how legislation influences results of transplantation in creditable life-saving process.
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Ethical problems in organ´s extraction towards transplantation
ESCOBAR CASTILLO, Javier Jesus
The present bachelor thesis is concerned with organ transplantation with the view to the associated ethic problems. The theoretical part consists of the introduction into the problems of this fast developing medical field, and refers to the legislative treatment of organ transplantation in the Czech Republic. The outlined transplantation process as a medical branch is the basis from which a number of social issues arise {--} issues related to morals, the law, and human relations and similar. The conclusion of the theoretical part formulates the aforesaid issues as the principal ethic problems: the subject of death, a consent or refusal with the post-mortem organ donation, organ trade and the selection of transplant candidates in the register. Moreover, the theoretical part compares different approaches to organ transplantations adopted in other countries, together with recommendations of the European Union. The thesis emphasizes the fact that to comprehend these sensitive ethic issues the public need to be informed, so the social consensus can be reached. The aim of the thesis is to determine the predispositions of the students of the Faculty of Health and Social Studies to donate organs, or their willingness to accept organs in the role of ill recipients. The adopted working hypotheses lay in such assumptions that on the one hand, students{\crq} approach to organ donation tends to be negative should they become donors; and, on the other hand, their approach is positive should they become recipients themselves. Another hypothesis assumed a certain lack of knowledge of the organ transplantation problems on the students{\crq} part, the fact of which renders the distribution of important information among the public virtually impossible. The research was conducted by means of questionnaires. The research results acquired from students were compared with the latest nationwide survey carried out by Factum Invenio, the marketing service company which is professionally concerned with such surveys. Needless to say, the abovementioned hypotheses were not confirmed by our research. On the contrary, the research ascertained high altruism and revealed a relatively good grasp of the organ transplant problems in most of the respondents. These facts are even more noticeable when compared with the nationwide research. Our research proved that students neither have ethic problems with the organ donation itself, nor with the ethically controversial and legislatively established strategy of obtaining organs: the strategy that saves human lives. Apparently, our respondents{\crq} moral standards of social justice are higher than those of the public as a whole. If our respondents spread their awareness of the problems among the public in concert with their viewpoints, they could contribute to the hope for a meaningful life with a transplanted organ of a diseased person on the waiting list.
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