PROMOTING ACCESS TO AFRICAN RESEARCH

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

Log in or Register to get access to full text downloads.

Remember me or Register



A Selection of Constitutional Perspectives on Human Kidney Sales

B Venter

Abstract


There are thousands of desperate people globally who need a kidney for
transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.

KEYWORDS: kidney donation; organ sales; Constitution; human life; human
dignity; self-determination; privacy; healthcare; living donor; remuneration.




http://dx.doi.org/10.4314/pelj.v16i1.11
AJOL African Journals Online