KMID : 0986720140220020141
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Korean Journal of Medicine and Law 2014 Volume.22 No. 2 p.141 ~ p.166
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Study on the autonomy of xenotransplantation clinical applications: talking point on public health vs. individual rights
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Mo Hyo-Jung
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Abstract
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Respecting autonomy is an essential element in medical practice because it means free self-regulation that begins with limiting and controlling those who interfere with other individuals¡¯ autonomous personal choices. However if there is a risk of danger to the general public as a result of an individual, then this individual¡¯s personal rights may be restricted. During xenotransplantation clinical applications, in the case of an outbreak of zoonotic diseases, it may be necessary to impose life-long surveillance, a waiver of right to withdraw, a post mortem, tissue donation, and isolation on human subjects. These types of measures are factors that violate the individual¡¯s autonomy.
Therefore, the restriction of individual rights for public health is becoming a justification for social justice and the pursuit of the public interest. However, the basis of a mutual agreement on this issue is still lacking. This thesis researches the infringement of human rights as well as the precautionary principle, informed consent, and relational autonomy in public health. In conclusion, the restriction of individual rights for public health needs to find a middle ground that balances the tension between an individual¡¯s freedom and the community¡¯s safety. The progress of life science technologies and the occurrence of new infectious diseases will cause an increasing need for ethical considerations related to public health.
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KEYWORD
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Xenotransplantation, Clinical applications, Autonomy, Public health, Individual right
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