Ethics Unit













Archives: Issue of the Month Archives


February 2004
- Organ and Tissue Transplantation

Human organ and tissue transplantation is one of the great success stories of modern medicine. What were high-risk experimental procedures just three or four decades ago are now routine medical therapies. Innumerable lives are extended and improved through the replacement of diseased body parts - kidneys, hearts, lungs and the list continues to expand.

In one important sense, however, transplantation has been a victim of its own success. The number of available replacement organs is considerably less than what is needed to treat all the patients who can benefit from this therapy. Despite major efforts by medical associations, patient groups and governments to increase the supply of organs and tissues for transplantation, the waiting lists for these procedures continue to grow in many countries, and numerous patients die before they can be treated.

The shortage of organs, especially in countries where there are cultural or religious barriers to organ retrieval, has given rise to international trafficking in transplantable organs, primarily from living donors. This has been widely reported in the press (see, for example, www.guardian.co.uk/g2/story/0,3604,1099282,00.html), but despite condemnation from many quarters, it seems to be continuing.

In 1991 the World Health Assembly endorsed a set of Guiding Principles on Human
Organ Transplantation that emphasized voluntary donation, non-commercialization, genetic relation of recipients to donors and a preference for cadavers over living donors as sources. In May 2003 the WHO Executive Board reviewed a report that recommended updating of the Guiding Principles, and in October 2003 WHO sponsored a conference on "Ethics, access and safety in tissue and organ transplantation: Issues of global concern." The conference report can be viewed at www.who.int/ethics/topics/en/madrid_report_final.pdf. The May 2004 World Health Assembly will consider a resolution that includes recommendations on harmonizing global practices and collecting data on human organ and tissue transplantation around the world.

At its 2000 Assembly the WMA adopted a revised and updated policy on Human Organ and Tissue Donation and Transplantation. The WMA invites the WHO, other international organizations, national governments and non-governmental organizations involved in policy development on this issue to take note of the WMA policy, which was the result of long deliberation and widespread consultation.

January 2004 - Health Databases

During the past decade the traditional medical ethical principle of confidentiality, i.e., the physician's duty to protect the patient's personal health information, has come into increasing conflict with the perceived need for health information databases serving administrative and research purposes. Computerization has greatly facilitated the establishment and linking of such databases. In response, governments have adopted laws to regulate their operation. These laws have generated much controversy, with privacy advocates complaining that they are more about facilitating access to personal health information than protecting privacy, and administrators, researchers and some medical associations criticizing the bureaucratic requirements that the laws impose on routine medical and research practices.

Genetic databases and biobanks have been of particular concern because of the sensitive nature of personal genetic information as well as its commercial value.

Numerous national medical associations have been very active lobbying their governments for legislation and regulations that protect patient information while facilitating its exchange for patient care and legitimate administrative and research purposes.

To help their members interpret and implement the requirements of database legislation in their jurisdictions, several national medical associations have prepared guidance documents and related tools. To cite just a few:

At its 2002 Assembly in Washington, DC, the WMA adopted a landmark policy statement on health databases, the Declaration on Ethical Considerations Regarding Health Databases. The initial impetus for this policy was a request from the Icelandic Medical Association to support its opposition to certain aspects of proposed legislation on the creation of a genetic database in that country, particularly the provisions on consent and opting-out. Under the leadership of Dr. James Appleyard, then Chair of the WMA Medical Ethics Committee, a workgroup developed a draft statement and after extensive consultation and many revisions, the document was finalized and adopted as WMA policy. The consultation process included a joint WMA/WHO symposium on health databases held in conjunction with the WMA Council and Committee meetings in May 2000.

The WMA policy will be of interest to any individual or organization responsible for personal health information.


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