LEGAL REGIME APPLICABLE TO THE REMOVAL AND TRANSPLANTATION OF ORGANS, TISSUES AND CELLS OF HUMAN ORIGIN FOR THERAPEUTIC PURPOSES FROM THE LIVING DONOR
LEGAL REGIME APPLICABLE TO THE REMOVAL AND TRANSPLANTATION OF ORGANS, TISSUES AND CELLS OF HUMAN ORIGIN FOR THERAPEUTIC PURPOSES FROM THE LIVING DONOR

Summary/Abstract: Transplantation of organs, tissues and cells of human origin is considered to be the best and often the only form of treatment for patients with organ failure. Although the contribution of this medical intervention to saving human lives or to increasing the quality of life of sick people is undeniable, it also involves a number of dangers. Improper use of organs or tissues could prejudice fundamental human rights, such as the right to life, the right to physical and mental integrity or the right to dignity. Also, the insufficiency of available organs and the pressure to increase their number can favour the emergence and development of practices that go beyond ethical and legal limits. Beyond these possible dangers, the psychological and sociocultural implications inherent in carrying out such medical intervention that significantly and irreversibly affect the lives of the persons involved must be considered. Based on these considerations, this article examines the strengths and weaknesses of the legislation governing the transplantation of organs, tissues and cells of human origin in Romania. Finally, it advocates the existence of a firm and balanced legal framework through which to maximize the quality, safety of interventions, to guarantee the rights and freedoms of donors and recipients, without, however, representing an obstacle to medical progress.

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