Abstract
In recent years, some countries have changed the law of deceased organ donation, changing the original informed consent to presumed consent. However, presumed consent law is not necessarily effective and ethically flawless. The international empirical effects of presumed consent law are divergent or ambivalent. There is no objective consensus solution to related ethical disputes. Presumed consent legislation may violate the principle of proportionality in constitutional law. In Taiwan, the current deceased organ donation practice is an informed consent system. Will Taiwan need to adopt a presumed consent system in the future? This article proposes: Taiwan can first implement mandated choice to support the existing informed consent rule, and only consider whether to adopt a presumed consent rule based on future implementation experience and democratic deliberation.
| Translated title of the contribution | Presumed Consent for Deceased Organ Donation: Ethical Principles|Legal Theories and International Experiences |
|---|---|
| Original language | Chinese (Traditional) |
| Pages (from-to) | 7-19 |
| Number of pages | 13 |
| Journal | 月旦醫事法報告 |
| Issue number | 55 |
| DOIs | |
| Publication status | Published - May 2021 |
Keywords
- bodily autonomy
- informed consent
- presumed consent
- organ transplantation
- medical ethics