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:: Volume 8, Issue 28 (7-2020) ::
3 2020, 8(28): 11-38 العودة إلى قائمة الأعداد السابقة
Donation of organs of those sentenced to death: Legislative requirements and human rights considerations
Abstract:   (519 Views)
One of the issues raised about those sentenced to death is the issue of execution through organ transfer. In this way, the life of the convicted person is ended by dismembering the transferable organs of body. In this article, the mentioned issue has been studied from two perspectives. First, what necessaries must be observed by the legislature if it intends to issue a legal permit for execution through the transfer of an organ and What issues should be clarified? Therefore, determining the nature of the transfer[1], voluntariness, determining the boundaries of recipients and beneficiaries, the condition of execution, regulatory mechanisms and how to reprimand breaches of legal obligation, are discussed under the legislative requirements. In the second part, the human rights considerations of "execution through donation" are examined under the headings of respect for human dignity, the issue of commercialization, discrimination, condition of age and the issue of citizenship. According to the findings of this paper, due to the high probability of deviation of the execution process through organ donation or sale, the legislator or judges must strongly avoid this issue. In case of non-acceptance of this opinion, it is necessary to pay attention to the requirements examined in this article and to have a strict and multi-layered supervision over their proper implementation and application.
 
[1] . Donation or sale   
Keywords: Organ donation, legislator, human rights, legislative requirements, judicial oversight
Full-Text [PDF 359 kb]   (مرة تنزيل)    
Type of Study: Research | موضوع البحث: Political Fiqh & Public Law
Received: 2021/04/13 | Accepted: 2021/04/13 | Published: 2021/04/13
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Donation of organs of those sentenced to death: Legislative requirements and human rights considerations. 3. 2020; 8 (28) :11-38
URL: http://2.188.15.35/article-1-286-en.html


Volume 8, Issue 28 (7-2020) العودة إلى قائمة الأعداد السابقة
فصلنامه دین و قانون Quarterly Journal Religion and Law
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