Organ conscription implies taking the organ of a dead person in all suitable circumstances without considering the objection of the deceased or their family. Stammers (2017) describe the case of an American Amy Ranger Corporal Ben Kopp who had been wounded to death when fighting against the Taliban. Not only did Kopp save the life of the six soldiers he had released from the bandits, but he also could have saved the lives of 70 other people through his consent into becoming an organ donor. Judy Meikle, a fortunate beefier of Kopp's heart paid a tribute to Kopp and his mother for the generous gesture that made it possible for Kopp's hear to continue beating inside of her.
Although organ donation stands out as a great act of heroism, most Americans do not consent to donate their organs when they pass on. The United States Department of Health and Human Services noted that only about 0.33% of people who die each year have consented to organ donation. According to Stammers (2017), the low number does not match the number dying every year in the organ transplant waiting list. Whereas only 8019 bodies are available for organ donation, each year more than 110,000 individuals wait in the list for a chance of receiving an organ transplant. About 18 people die every day as they wait for a transplant. Often, other patients are excluded from the waiting list following their severely deteriorated condition to the levels where organ transplant would not save their life. Stammers observed that a person is likely to wait for ten years before they receive an organ transplant.
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Segal and Robert (2017) regard the lack as partly due to the Uniform Anatomical Gift Act, as well as the National Organ Transplant Act that outlaws the buying and selling of body parts for valuable considerations. Segal and Robert maintain that the act has played a big role in discouraging donations by taking away an individual's basic property right to sell their organs for valuable consideration. Apart from the Acts, Stammers (2017) also regards the deficit to generate from the American's lack of knowledge on ways of becoming organ donors following the failure of the present system of voluntary donation. Stammers further maintain that when the government of Israel realized that is a system for voluntary organ donation was not working, they abandoned it and provided monetary compensation to relatives of deceased organ donors to cater to their memorial preparations.
According to Ahmad et al (2019), mandatory organ conscription sounds great in reducing deaths related to organ transplants. One of the benefits of the approach is that a country can achieve up to 100 percent organ acquisition; thus increasing the number amount of organs on hand for the much-needed transplant procedures. Unlike purchasing organs from living donor the program seems more promising as it would not only avail kidneys, but also other cadaveric organs. Similarly, conscription would not require expensive programs for public education, or those aimed at training requesters. There will be no need to keep donor registries, neither will there be issues related to commoditization as well as the abuse of the human body. The system will relieve the family of the responsibility of having to decide on whether to allow or decline organ donation from their loved one, along with the risky delays that often result from waiting upon the family of the deceased to decide on organ donation. Conscription is likely to attain distributive justice; since everyone would expect their body to be taken through the same process after they have passed on. As such there would be no instances of individuals who are not willing to donate their organs but would like to receive other people's organs.
However, the moral and ethical concerns of conscription relate to the violation of human autonomy. According to Prabhu (2019), the principle of consent is crucial as it not only demonstrate but also safeguards an individual's autonomy. Prabhu further regards consent not only as a protection of human’s moral autonomy but also as a barrier to their harm and exploitation. As such, organ conscription raises serious difficult ethical questions on wither human should be allowed to determine the course of their bodies both before and after they have passed on. Molina-Pérez et al (2018) note that despite the fact the living's claims over their bodies; in terms of choices and integrity are widely accepted, it is unfortunate that their claim over their dead bodies is less regarded by the principles underlying conscription. Molina-Pérez and colleagues attribute the claims of the living on the integrity of their bodies after they pass on to safeguarding interests, concerns, and fears they held when they were still alive. The work further argues against conscription by holding that the anticipation a living person might have that their organs would be removed against their wishes may be damaging for a living person. Moreover, Ahmad et al (2019) hold that the remaining members of the family of the deceased could suffer psychological harm; especially when after they have consented in a situation where the deceased had not made a clear choice.
A government system for the organ donation that compensates the relative of organ donors seems like the best possible means of saving tens of thousands of lives those waiting in the queue; without violating the requirements of the Fifth Amendment rights. Although it might sound like an extreme measure by the government, a mandatory and compensatory system of organ donation will succeed by providing a means of receiving the much-needed organs without casting an undue burden to the donor.
Reference
Ahmad, M. U., Hanna, A., Mohamed, A. Z., Schlindwein, A., Pley, C., Bahner, I., ... & Jarmi, T. (2019). A systematic review of opt-out versus opt-in consent on deceased organ donation and transplantation (2006–2016). World journal of surgery , 43 (12), 3161-3171.
Molina-Pérez, A., Rodríguez-Arias, D., Delgado-Rodríguez, J., Morgan, M., Frunza, M., Randhawa, G., ... & Schicktanz, S. (2018). Public knowledge and attitudes towards consent policies for organ donation in Europe: a systematic review. Transplantation Reviews .
Prabhu, P. K. (2019). Is presumed consent an ethically acceptable way of obtaining organs for transplant?. Journal of the Intensive Care Society , 20 (2), 92-97.
Segal, J. B., & ROBERT, D. (2017). Options for Increasing the Supply of Transplantable Organs.
Stammers, T. (2017). ‘A last act of grace’? Organ donation and euthanasia in Belgium.
