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KMID : 1011120080020010045
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Bioethics Policy Studies
2008 Volume.2 No. 1 p.45 ~ p.64
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Legal Problems of Xenotransplantation and Regulation
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Park Soo-Hun
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Abstract
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Transplantation of organs has been one of the remarkable success of modern medicine in the last half century. As more and more patients have benefited from organs received from either recently deceased or living organ donors, the demand for more organs has grown much faster than the supply. In order to supply enough organs to the patients waiting for transplantation, the researchers in the field of transplantation were stimulated to return to the notion that perhaps organs from other species can substitute for human organs. However, xenotransplantation has several critical problems including legal aspects. There"s also no individual statute governing xenotransplantation. In this article, I examine some legal aspects of xenotransplantation at first. It is divided into three categories-domestic, human rights related, and international legal problems of xenotransplantation. Most of all, informed consent by the patient, monitoring mechanism, animal rights, and cooperation among countries are regarded as the salient and important aspects to be considered and to be solved. Then, I suggest in this article that an individual statute governing xenotransplantation be enacted. Even though several guidances exist as a way to regulate xenotransplantation, it is much more necessary to regulate xenotransplantation with an individual statute because the issues such as human dignity, human rights, privacy etc. are governed by constitutional law and statutes in our legal system. When an individual statute governing xenotransplanation would be enacted, it must consider the scope of regulation, cooperation among agencies, international legal principles like trusteeship and precautionary principle, risk-benefit analysis, and penalties. Legal decisions and the introduction of new laws will be influenced by the public attitude toward this from of therapy, and will depend to a great degree on whether society embraces it wholeheartedly or not.
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KEYWORD
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Xenotransplantation, Informed consent, Trusteeship principle, Precautionary principle, Animal rights
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