The body as a resource? Samaritan donation and the market for organs, between the Nice Charter and the Italian Constitution

Author/s Lorena Forni
Publishing Year 2012 Issue 2012/1
Language Italian Pages 30 P. 7-36 File size 191 KB
DOI 10.3280/SD2012-001001
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Starting from the document drawn up on 23 April 2010 by the Italian National Bioethics Committee, favouring the practice known as "Samaritan donation", this article focuses on the existence of valid reasons that justify not only such Samaritan donations, but also specific hypotheses of non-gratuitous donations. The analysis sets out to illustrate the reasons that might argue in favour of enshrining such practices in the Italian legal system. In particular, it focuses on the "availability of the body" for transplants, in the light of the safeguards and the restrictions set both by Italy’s constitutional order and by European legislation, in an attempt to achieve an equitable balance between different interests and needs, between the freedom to conduct scientific research and the inviolable rights of the individual.

Keywords: Organ transplants - Samaritan donation - Market for organs - Philosophy of law - Bioethics

Lorena Forni, Il corpo come risorsa? Donazione samaritana e mercato degli organi tra carta di Nizza e Costituzione in "SOCIOLOGIA DEL DIRITTO " 1/2012, pp 7-36, DOI: 10.3280/SD2012-001001