Tag Archives: british politics

In Depth: Presuming Consent in Organ Donation- Part Two (Electric Boogaloo)

27 Nov
Here, at last, is the second part of this post. It was unavoidably delayed by a combination of sudden busyness and industry on my part, but I’m sure that wont be a problem in the future. This part carries directly on from the first, which can be found HERE. There, I looked at the normative ethics of presumed consent, and here, I’m going to look at the legal standpoints involved.

The last post brings me to address another contentious issue inherent to a policy of presumed consent for post-mortem organ donation, which is that to have any moral authority over the populace, legislation must assume that all those within its remit actively engage with it. Such a concept is enshrined in UK law through the Human Tissues Act (HTA) 2004, the “guidance [of which] is clear that consent is a positive rather than a passive process”. That is to say that in the milieu of the proposed system the term ‘presumed’ is perhaps inaccurate, and instead the system operates on the basis that “consent can be given implicitly, by one’s actions, so it is argued that the failure to register an objection (given certain background conditions) should itself be taken as sign of consent”, which maybe implies that inaction is itself a defined action. I’d venture, however, that this approach could be seen as objectionable and liable to meet with challenge by the public in the actual event of its invocation. Furthermore, in the instance of UK law, a proposal on this basis was thought to require definitive legislative change to elements of the then-recently passed HTA because:

[T]he change from opt in to opt out for transplant purposes could risk undermining the 2004 act’s consent provisions, which safeguard the rights of individuals or their families to be asked if tissue can be used for a variety of other purposes. Continue reading

Guest spot- Halfagiraffe

4 Oct
I believe one of the genuine success stories- for all its flaws- of this country to be the NHS. It is something of which we should be justly proud, an institution of a scale and purpose larger and more noble than any other I can think of. Forget all the argument about socialism- this is straight up goodness. The morally relative nature of taxpayer-funded healthcare is something to discuss at a later date,  but we can all agree that the NHS is something without which so many people would be sorely lost. To me, that seems fundamentally ethically sound. Please, support our NHS.
With that in mind, I reproduce here a piece I came across a couple of days ago through twitter. The more I read of this blogger, the more impressed I become. I want to share it with you, and hope that you appreciate its passion and purpose. You can read more by Becca at http://www.halfagiraffe.co.uk/ or on @halfabear , and you should also read her correspondence with her local MP on the matter at hand here.

NHS services being auctioned off on a massive scale.

I’d say I’m angry but anger doesn’t go far enough to describe what I’ve been feeling in recent months. I’m furious. You should be, too.

We love the NHS in Britain. It’s an institution which everyone has come to rely on at some time or another and it’s often hailed as one of our greatest achievements. Everyone has a right to be healthy, or as close to healthy as they can be. Whether rich or poor, you’re entitled to the same standard of care under the same schemes.