The thesis is bent on systematic analysis of Czech legislation de lege lata in organs taking for transplantation then on the part of received legal regulations. Subsequently equate to law those problems with other countries around the world and serves a comprehensive view of different solution of law. The way out of the theoretic parts is to incorporate problems among basic human rights, the right to live and the right of protection of personality, according to international convention and Czech laws. Theoretic part leads to the characteristics internationally recognized law principles for transplantation which is above all legal protection of organ donors warranted formulation of agreement or dissent from organs taking and pertinent grant the same possibilities for families. Further then certainty to define deaths brain and anonymity for deceased donors but also protection for the organs recipients and data confidentiality preservation with the possibility to antedate the donors and last but not least to ban pecuniary benefit and dealing with organs. The thesis comments on how these principles are projected in their legislation in particular countries in the world. The research was aimed to find out the relation between knowledgeable agreement or if you like knowledgeable dissent from fulfilment of organs taking and measurable transplantation records in particular countries. It used data, which were for the first time published on a world-wide scale by the world's health organization. As measurable result for transplantation was selected a number of deceased organs donors to one million inhabitants. The hypothesis confirmed that a country with legislation knowledgeable agreement, which means the country where the right requires knowledgeable agreement individually with organs taking, has worse measurable record than the country where's by law is to agreed to take organs expectedly unless it is used the right to deny it during the life of the organ donor. The other research investigated also the right that families can express their opinion on taking organs from deceased relative with a hypothetical presumption that the family decision can implicate to disrespect the universal personal law if it denies the will of the deceased person done during its life. At last the situation of absence of the right on family decision-making was surveyed. Such cases of other access to universal personal law did not notice better results in transplantations than there, where this right thoroughly applied in laws. This research brought a lot of interesting information on access of organs taking for transplantations in different parts of the world. This fact contributed to recognition on how important is the influence of morale and ways on legislation of appropriate country and how legislation influences results of transplantation in creditable life-saving process.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:54091 |
| Date | January 2011 |
| Creators | ESCOBAR CASTILLO, Javier Jesus |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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