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A selection of constitutional perspectives on human kidney sales

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

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.

Original languageEnglish
Pages (from-to)351-403
Number of pages53
JournalPotchefstroom Electronic Law Journal
Volume16
Issue number1
DOIs
Publication statusPublished - 2013

Bibliographical note

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

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

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 3 - Good Health and Well-being
    SDG 3 Good Health and Well-being

Keywords

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

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