The Constitutional Influence on Organ Transplants with Specific Reference to Organ Procurement
KeywordsOrgan procurement methods; organ transplants; organ shortage; opting-in; presumed consent; required request; required response; the sale of organs; organ procurement from prisoners; Constitution; Bill of Rights; constitutional values; interpretation; limitation; national legislation; case law; bioethics; equality; autonomy; dignity; privacy.
Law in general. Comparative and uniform law. Jurisprudence
Full recordShow full item record
AbstractThis article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a system of opting-in, presumed consent, required request, required response, the sale of organs, and organ procurement from prisoners. It is argued, in view of the acute shortage of organs, that the various organ procurement methods are in need of review in the context of the question of whether they are acceptable and sustainable within the constitutional framework. To this end, the article deals with the application, limitation and interpretation of the rights in the Bill of Rights and its interface with the various organ procurement methods in the context of a discussion of applicable legislation and relevant case law. It is argued that a constitutional analysis of the topic is indicative that the State has indeed failed to provide a proper or satisfactory legislative and regulatory framework to relieve the critical shortage of human organs available for transplantation, by ultimately failing to uphold the applicable constitutional rights and values as discussed.
Showing items related by title, author, creator and subject.
Analyzing Community Responses to HIV and AIDS : Operational Framework and TypologyWodon, Quentin; N'Jie, N'Della; Rodriguez-García, Rosalía; Bonnel, Réne; Olivier, Jill; Pascual, F. Brian (2012-03-19)This paper presents a framework for analyzing the community response to HIV and AIDS. On the basis of a review of the literature, six criteria are proposed for characterizing such community responses: (1) the types of organizations and structures implementing the response, (2) the types of activities or services implemented and the beneficiaries of these, (3) the actors involved in and driving community responses, (4) the contextual factors that influence community responses, (5) the extent of community involvement in the response, and (6) the extent to which community responses involve wider partnerships and collaboration.
Invasion possibility and potential effects of Rhus typhina on beijing municipalityWang, Guangmei; Jiang, Gaoming; Yu, Shunli; Li, Yinghao; Liu, Hui (2008)Rhus typhina, an alien species introduced from North America, was identified as a main afforestation species in Beijing municipality. However, its invasiveness is still at odds. To clarify this problem, we applied the North American Screening System and the Australian Screening System to preliminarily predict its invasion possibility. Both screening systems gave the same recommendation to "reject". The geographical distribution was surveyed, with the population features of R. typhina against the native plant communities being assessed. With anthropogenic assistance, R. typhina has been scattered on almost all habitats from downtown to mountains, including roadsides, farmlands and protected areas. As a clonal shrub, R. typhina possessed a high spreading rate, varying from 6.3 m/3 years at sterile habitats to 6.7 m/3 years at fertile ones. Significantly lower species richness, individual density and diversity were observed in the R. typhina community than those of the native Vitex negundo Linn.var. heterophylla (Franch.) Rehd. community at both sterile and fertile habitats. Continual wide plantation of R. typhina may further foster its population expansion, which helps the species to overcome spatial isolation. The fact that each root fragment can develop into a new individual makes R. typhina very difficult to be eradicated once established. From a biological point of view, we believe that R. typhina is a plant invader in Beijing. We therefore suggest the government should remove the name of R. typhina from the main tree species list in afforesting Beijing.
Effects of mixing pine and broadleaved tree/shrub litter on decomposition and N dynamics in laboratory microcosmsLi, W; Pan, KW; Wu, N; Wang, JC; Han, CM; Liang, XL (2009)This study was carried out to compare the ecological function of exotic pine (Pinus radiata-Pr) and native pine (Pinus tabulaeformis-Pt) in terms of litter decomposition and its related N dynamics and to evaluate if the presence of broad-leaved tree species (Cercidiphyllum japonicum-Cj) or shrub species (Ostryopsis davidiana-Od) litter would promote the decomposition of pine needles and N cycling. Mass remaining, N release of the four single-species litters and mixed-species (Pt + Cj; Pr + Cj; Pt + Od; Pr + Od) litters and soil N dynamics were measured at microcosm scale during an 84-day incubation period. The Pt and Pr litter, with poorer substrate quality, indicated slower decomposition rates than did the Cj and Od litter. Due to their high C/N ratios, the N mass of Pt and Pr litter continuously increased during the early stage of decomposition, which showed that Pt and Pr litter immobilized exogenous N by microbes. No significant differences of soil inorganic, dissolved organic and microbial biomass N were found between the Pt and Pr microcosm at each sampling. The results showed that the exotic Pr performed similar ecological function to the native Pt in terms of litter decomposition and N dynamics during the early stage. The presence of Cj or Od litter increased the decomposition rates of pine needle litter and also dramatically increased soil N availability. So it is feasible for plantation managers to consider the use of Cj as an ameliorative species or to retain Od in pine plantations to promote the decomposition of pine litter and increase nutrient circulation. The results also suggested that different species litters induced different soil dissolved organic nitrogen (DON). As a major soluble N pool in soil, DON developed a different changing tendency over time compared with inorganic N, and should be included into soil N dynamic under the condition of our study.