Will the Bundestag push through a new organ donation law?
Around 220 members of the Bundestag have presented a cross-party draft law on organ donation. The paper proposes introducing an opt-out rule, according to which anyone who does not explicitly object will become an organ donor. Accordingly, an opt-out must be "reliable and discoverable at any time", which guarantees the right of self-determination. This should be ensured by the organ donation register.
The wishes of the relatives do not play a role, but they will be asked about the wishes of the organ donor. "In order to clarify the willingness to donate, the next of kin must be asked whether he or she is aware of a written objection or a will of the potential organ or tissue donor that opposes the removal of organs or tissue," the draft states.
Relatives are sent ahead
There is to be a further exception in the case where the organ donor is not capable of making a decision. If the donor is unable to give consent for a "considerable period of time before the death is confirmed", organs may no longer be removed. However, this would be possible for a "short period of time". What is meant by "considerable" and "short" is not defined more precisely. "Overall, the regulations therefore help to relieve the burden on the next of kin, who are no longer expected to make such a difficult decision in such a stressful situation, as was previously the case, and also relieve the burden on doctors," it continues.
According to the draft, the reason for the planned change in the law is the shortage of donated organs, despite increasing numbers. While there were only 869 organ donors in 2022, organs from 965 deceased people were donated this year - a ten-year high. This is an increase of around eleven percent.
According to the draft, the reason for the planned change in the law is the shortage of donated organs. There are currently 8,400 patients on the waiting list across Germany: "The number of organ donors is still far from sufficient to cover the demand for donor organs." Another reason given for the draft is the high willingness of the German population to donate. Although around 84 percent of the German population are positive about donation, previous changes "have unfortunately not yet led to the desired substantial improvement in organ donation numbers in Germany."
There is to be a further exception in the case where the organ donor is not capable of making a decision. If the donor is unable to give consent for a "considerable period of time before the death is confirmed", organs may no longer be removed. However, this would be possible for a "short period of time". What is meant by "considerable" and "short" is not defined more precisely. "Overall, the regulations therefore help to relieve the burden on the next of kin, who are no longer expected to make such a difficult decision in such a stressful situation, as was previously the case, and also relieve the burden on doctors," it continues.
According to the draft, the reason for the planned change in the law is the shortage of donated organs, despite increasing numbers. While there were only 869 organ donors in 2022, organs from 965 deceased people were donated this year - a ten-year high. This is an increase of around eleven percent.
According to the draft, the reason for the planned change in the law is the shortage of donated organs. There are currently 8,400 patients on the waiting list across Germany: "The number of organ donors is still far from sufficient to cover the demand for donor organs." Another reason given for the draft is the high willingness of the German population to donate. Although around 84 percent of the German population are positive about donation, previous changes "have unfortunately not yet led to the desired substantial improvement in organ donation numbers in Germany."
Chancellor supports new organ donation law
Chancellor Olaf Scholz (SPD) and Karl Lauterbach (SPD) as well as Gregor Gysi (Left Party) were among those who took part in the draft. CDU MPs, including former Health Minister Jens Spahn, also took part in the vote despite the incompatibility resolution with the Left Party. According to this, cooperation with the Left Party is out of the question.
The Bundestag voted on a similar draft in 2020. However, it only received 43 percent approval . At the time, Spahn, who supported the draft, described it as "a not insignificant intervention by the state in the freedom of the individual." Ultimately, the counter-draft, according to which active consent is necessary, prevailed with 65 percent of the votes.
Chancellor Olaf Scholz (SPD) and Karl Lauterbach (SPD) as well as Gregor Gysi (Left Party) were among those who took part in the draft. CDU MPs, including former Health Minister Jens Spahn, also took part in the vote despite the incompatibility resolution with the Left Party. According to this, cooperation with the Left Party is out of the question.
The Bundestag voted on a similar draft in 2020. However, it only received 43 percent approval . At the time, Spahn, who supported the draft, described it as "a not insignificant intervention by the state in the freedom of the individual." Ultimately, the counter-draft, according to which active consent is necessary, prevailed with 65 percent of the votes.
Source: Junge Freiheit
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