this post was submitted on 12 Nov 2024
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I think it's interesting to ask whether people in the opt-out countries are really consenting. Can you really say someone has consented if you never actually made the request?
We don’t get their consent to be buried or cremated or whatever else people do with the remaining bodies of their loved ones. It’s just opt out. Why should organ donation, which provides a societal and personal benefit be different?
I'm pretty sure people do make their wishes clear regarding their funeral preparations. You can put that kind of stuff in your last will and I would assume it holds some legal weight.
I actually agree that organ donation should be opt-out, but there is an unavoidable argument against that. Namely, the fact that people have the right to opt-out at all implies that you have a responsibility to verify their informed consent before enrolling them in the procedure. At least, that would be the conventional wisdom according to the field of medical ethics.
In most (all) European states you actually get a state mandated ID card, which has an expiration date. So the consent can be formed while filling out the formular to get a new ID.