A critical review of the opting-in, opting-out systems in organ donation being reviewed in Malta

Abstract

Organ Donation has long been the topic of discussion and is currently being thoroughly debated, particularly within Europe. The main goal that all parties are striving to obtain, albeit with different arguments, is an increase in organ donation rates. Gradually, the most advocated solution is becoming the opting-out system. However, a number of issues are still to be resolved. Is this legal framework even ethical in the first place? Does it prey on passivity and ignorance? The various nuances associated with the different lines of thought will be illustrated hereunder. In Malta the subject of organ donation is as yet unregulated. This creates a lacuna which must be addressed, especially when one considers the importance of the subject-matter. The following study will be portraying a critical analysis of the proposal for legislation on organ and tissue donation, which was issued on the 20th of March 2015. This White Paper aims to enact a legislative framework addressing organ donation for the Maltese Islands which will reflect the evaluated response after the necessary consultations take place. The novelty of this potential law undoubtedly begs for further investigation. It is thus for this reason that this report shall be delving into the sphere of organ donation and extrapolating its essence, conclusively suggesting the most adequate system.