A selection of constitutional perspectives on human kidney sales

Bonnie Venter*

*Corresponding author for this work

Research output: Contribution to journalArticle (Academic Journal)peer-review


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.

Original languageEnglish
Pages (from-to)351-403
Number of pages53
JournalPotchefstroom Electronic Law Journal
Issue number1
Publication statusPublished - 2013

Bibliographical note

Publisher Copyright:
© 2017, North-West Unversity. All rights reserved.

Copyright 2017 Elsevier B.V., All rights reserved.


  • Constitution
  • Healthcare
  • Human dignity
  • Human life
  • Kidney donation
  • Living donor
  • Organ sales
  • Privacy
  • Remuneration
  • Self-determination


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