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Robbing the Dead: Is Organ Conscription Ethical?
Nia B. Thompson
PHI-FPX3200
Ginger Raya
May 12, 2023
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Robbing the Dead: Is Organ Conscription Ethical?
Organ donation is where an individual receives an organ or tissue through a surgical process from another person. There are more than 100,000 people on the organ transplant waiting list and there’s a shortage of individuals who are considered organ donors. Because of this shortage,
close to 10,000 people die every year waiting on an organ. When considering the shortage of living donors and most people do not consent to being cadaveric donors, should organ conscription come into play? If so, what are the moral and ethical issues associated with this method? In this assessment, I will discuss what moral and ethical issues may arise with organ conscription ways to improve the acceptance of it, the fairness and justness of the organ conscription policy, the importance of organ donation, and what can be done to increase organ donor support. Moral and Ethical Concerns
The main moral and ethical concern surrounding organ conscription is the decision an individual has in regard to deciding the fate of what will happen with their own bodies. Although the number constantly rises for the need for organ donors, those who are actually organ
donors remains low. There are many individuals on the transplant list who die before they receive an organ. In the United States a person must register to become an organ donor. If this isn’t done, it is up to the family to make the decision to donate the organs upon their death. However, consent is neither required nor requested when it comes to organ conscription for the organs once a patient is deceased. This is no longer an autonomous decision for the patient or their family.
Organ conscription is not a practice that is widely accepted in the United States. Many people
who oppose organ conscription feel strongly that it is unethical to remove the organs from the
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deceased and give them to another person without the consent of the family. “The major benefit of conscription is that under this plan the efficiency of cadaveric organ procurement would approach 100%, which would increase dramatically the number of organs available for transplantation” (Spital, 2002). Still some see it as a method that would aid in helping many individuals who are on the transplant list and in turn cause a decrease in the number of deaths due to the organ shortage. While organ conscription is a benefit for those who are in need of an organ, it can be viewed as a violation of an individual’s autonomy. Fairness and Justness
The argument for organ conscription being fair and just is due to the shortage of organ donors. Some may view organ conscription as robbing the dead. When a person is deceased, the organs are considered of no value to the deceased, however, they are considered a precious and rare commodity for someone in need of an organ. “Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves” (Levin, 2019). Educating the public on organ donation would be the best method to increase the organ donor population. It will also bring awareness to those who are in need of organs. Should the family be allowed to opt-out of donation when someone isn’t able to consent to organ donation? The only fair thing to do is allow the family to make the decision to opt-in or opt-out of organ donation for their deceased family member. However, if the family is educated about the benefits of organ donation, I believe that they will have sympathy for those in need of organs and agree to the donation.
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Organ Conscription Consent
The consent of the patient is very important in all aspects of life and even in death, consent is
still important. It is also just as important to have the consent of the family members in the event
the patient is unable to make that decision for themselves. When I think of organ conscription, I
think of Henrietta Lacks. Henrietta Lacks was an African American young mother of five. In
1951, Henrietta Lacks died of cervical cancer. She was only 31 years old. “Without her
knowledge or consent, doctors removed a sample of cells from the tumor in her cervix” (Cramer,
2021). This sample was then given to researchers to try and figure out if the cells would survive.
They did survive and became known as HeLa cells. These cells were able to survive and
multiply. As a result of the cells multiplying, many vaccines and medications were created to
combat various diseases. Neither Henrietta Lacks or her family gave consent for the use of her
cervical cells. While they aren’t “organs” in the traditional sense, these cells were still taken and
used without her consent or her family’s consent. When organ donation consent is assumed, it
can cause resentment toward the practice altogether. If an individual is unable to give consent,
then there’s an opportunity for conscription due to no opt-out decision. Should the United States
adopt the practice of organ conscription, it would be imperative to also educate the public on the
importance of organ donation especially when it comes to the opt-in or opt-out option.
Improving Organ Donations
As of right now, the United States utilizes an opt-in method for organ donation. This is typically done when someone registers or renews their driver’s license. The problem with this method is that most of the time, the individual isn’t aware of all of the important facts of organ donation. Because of this, many people decide against being an organ donor. The option to be an organ donor should be discussed and offered for those who donate blood or plasma. When we
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donate blood or plasma, we are often offered an incentive. In the case of Henrietta Lacks, the medical field profited off the use of her cells for vaccines and other medicinal purposes. If her family had been aware of what had taken place, it’s possible they could have benefitted financially from this creation and discovery. While the individual donating the organ wouldn’t benefit it’s possible that the family may be able to. Conclusion
When someone makes a decision to be an organ donor, it is more than just checking a box on a form. A great deal of thought and consideration has to be taken when making that decision. I’m an organ donor and while I have an understanding of what that entails, there are many individuals who don’t. Organ conscription remains a controversial topic. Although I am an organ donor, I respect an individual’s autonomy to choose. In my opinion, ethically, it isn’t the right choice to take an individual’s organs without their consent or their family’s consent. However, considering the importance of organ donation and the national shortage, organ conscription would be beneficial for the greater good. Educating the public on the importance of
organ donation could possibly aid in increasing organ donors and that would help with the shortage.
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References
Spital, A. (April 5, 2002). Conscription of Cadaveric Organs: We Need to Start Talking About It.
https://onlinelibrary.wiley.com/doi/full/10.1111/j.1600-6143.2005.00820.x
Howard, R.J. & Cornell, D.L. (December 29, 2016). Ethical Issues in Organ Procurement and Transplantation
https://www.intechopen.com/chapters/52101
Levin, S.B. (2019). Why Organ Conscription Should be Off the Table: Extrapolation from Heidegger’s Being and Time
https://philpapers.org/rec/LEVWOC
Cramer, M. (October 13, 2021). Henrietta Lacks, Whose Cells were taken without her consent, is Honored by W.H.O.
https://www.nytimes.com/2021/10/13/science/henrietta-lacks-cells-
who.html#:~:text=Without%20her%20knowledge%20or%20consent,researchers
%20could%20experiment%20on%20them
.
Donate Life America. (2020). Organ Donation Statistics. Retrieved February 12, 2023
https://donatelife.net/donation/statistics/#:~:text=More%20than
%20100%2C000%20people%20are,the%20national%20transplant%20waiting%20list
.
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