If we base a legal brain death diagnosis and organ removal only on the wishes of persons in parental authority without the childs opinion, we are in danger of judging the death of the child and removing organs against the unexpressed wishes of the child. This is a violation of the childs human rights. Japanese law provides that persons in parental authority must protect their children. If a child has not expressed an opinion, persons in parental authority have an obligation to protect the childs living body from the invasion of transplantation. Under the current law, people without prior declarations are alive until their hearts stop beating. At younger ages, children may not be able to make valid declarations about brain death and organ donation. Hence, we have presented two proposals, namely, proposal a and Proposal.
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Perhaps these patients were undecided or had never had a clear answer to this matter. When brain-dead patients have said nothing, we must consider that these explanations may be possible. Hence, when brain-dead patients have said nothing, we must not remove writing their organs. All of us have the freedom to waver, to withhold our opinions, or to not decide on transplantation. We have the right to keep silent, to not be forced to express our ideas of life and death. (3) Children under 15, we should give children an opportunity to express their opinions on the idea of life and organ removal. Their expressions must be made voluntarily, not by force. Only when children have agreed to brain death and transplantation in written documents and when persons with parental authority consent, should we be allowed to make a legal brain death diagnosis and remove organs. The convention on the rights of the Child stipulates that all children have the right to express their opinions and that adults have the obligation to hear childrens voices. We must not ignore this treaty when revising the Organ Transplantation Law with regard to children.
While many japanese bioethicists doubt the concept of brain death, few doubt that heart-dead patients are dead. Therefore, we believe that, without a prior written statement otherwise, heart-death should be human death. In addition, we believe that, for those who consider brain death as human death, brain death should be human death. We are pleased that Japan has such a pluralistic law concerning human death. We believe that the framework of the current law should be maintained. (2) Transplantation, if the donors prior declaration is necessary for organ removal and organ removal against the donors wishes is prohibited, what should we do when brain-dead patients have not expressed their opinions? If we remove organs when brain-dead patients have said nothing, business we may cause a profound violation of human rights: the removal is a medical invasion of their bodies. We have to account for cases in which brain-dead patients have not written their wishes on donor cards.
The idea of life that answers the questions what is life? And what is death? Is very important. About 30 of the japanese people reject the idea that brain death is equivalent to human death. Similar percentages hold true in many foreign countries. We believe that the idea of rejecting brain death as a definition of death should be respected as well as the idea of affirming brain death as death. The law must not deny this idea 108/109 of life shared by 30 of the japanese people. Fortunately, we have a law, based on pluralism on human death, that allows us to choose beforehand whether to define brain death as human death.
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Explanations (1) Brain death, under the current law, each of us may choose in advance whether to define brain death as death. If we want to be an organ donor after we are brain dead, we write our wishes on a donor card or label. Then, we will be declared dead when brain death has been diagnosed. If we object to brain death, we do not fill out a donor card. Then, we will be alive until our hearts stop beating. Current Japanese law is based on pluralism on human death. New Jerseys brain death law, which is highly regarded by some American bioethicists, is another example of this pluralism.
Now, the japanese Organ Transplantation Law is attracting widespread attention. According to some bioethicists, true pluralistic and democratic countries must have laws that permit pluralism on human death within limits. Reconsideration of brain death has become a major topic in worldwide bioethics discussions. Not only ordinary people but also bioethicists in the United States have begun to doubt the concept. The hearts of many brain-dead patients can continue beating for more than a month,.5 years the longest; and brain-dead patients sometimes move their hands toward their chest automatically and show best a praying posture (lazarus sign). Alan Shewmons paper medically refuted premises that integrative function disappears from a brain dead body and that the heartbeat of a brain dead body stops shortly. With that paper, the opinion of the japanese medical Association and the majority opinion of the Prime ministers Special Committee on Brain death and Transplantation were also medically refuted.
In children under 12 years, neither a legal brain death diagnosis nor organ removal from brain dead donors is permitted. (2) Concerning organ removal from heart-dead* donors the permanent cessation of respiration and circulation). The same requirements as described above should be applied to organ removal from heart-dead donors. Words concerning brain death should be deleted from the text. Article 4 of the supplementary provision is abolished.
(3) Concerning organ removal from living donors. When an adult voluntarily requests the removal of one kidney, part of the liver, part of the small intestine, and/or part of lung, the excisions should be permitted, as long as organ removal does not harm his/her health. (A guideline that stipulates the possible organs for this provision will be written). Statements for the protection of the donors human rights and health should be included in the law. (4) Concerning the extraction of human tissue. The requirements for the extraction of human tissues from brain-dead patients, from heart-dead patients, and from living patients should be the same as those for organ removal from brain-dead patients, from heart-dead patients, and from living patients, respectively.
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Information about the revision of the law is found on the page;. Outline of the Proposal (1) Concerning the donors prior declaration principle and online organ removal from children under 15 years (revision of Article 6 of the current law). With respect to organ removal from brain-dead donors, (i) the current rules should be applied for organ removal from brain-dead donors 15 years and older (the words, the body of a brain-dead person, and the definitions of these words should continue to be used and. Proposal A : In children between 12 and 15 years, before a legal brain death diagnosis and organ removal from brain-dead donors can occur, written statements of the donors prior declaration and of the prior consent of persons in legs parental authority, as well. In children between 6 and 12 years, in addition to the above conditions, the hospitals ethics committee or the court must confirm that there was no sign of child abuse and that the childs prior declaration was made of his/her own free will and without. In children under 6 years, neither a legal brain death diagnosis nor organ removal from brain dead donors is permitted. Proposal B : In children between 12 and 15 years, before a legal brain death diagnosis and organ removal from brain-dead donors can occur, written statements of the donors prior declaration and of the prior consent of persons in parental authority, as well.
Note: Japanese Organ Transplantation Law was established in 1997. Under this law before a legal brain death diagnosis and organ removal can occur, both the donors prior declaration and family consent must be plan obtained. While agreeing that the law allows a choice in defining when death begins, critics argue that the donors prior declaration principle is too strict. Moreover, donations by brain dead children under 15 years are prohibited. As required by a supplementary provision, the law began to be reconsidered in October 2000. Since then, several revisions have been proposed and have caused heated debates. The areas of greatest concern are the donors prior declaration principle and organ donations by children. An unprecedented bioethics debate is occurring in Japan. The following is an English translation of the proposal for revision of the Organ Transplantation Law by masahiro morioka and Tateo sugimoto, announced on February 14, 2001.
law 2 law: bill draft, draft legislation, draft of legislation, legislative draft, legislative proposal, pending legislation, proposal, proposed statute, prospective legislation, draft law, proposed amendment 3 economy: draft bill 4 politics: legislature, law-in-draft. A Proposal for revision of the Organ Transplantation Law Based on a child Donors Prior Declaration. Masahiro morioka and Tateo sugimoto - eubios journal of Asian and International bioethics 11 (2001 108-110, pdf, this is the translation of the so-called Morioka sugimoto proposal on brain death and transplantation. We proposed that the prior declaration of a brain dead child should be respected, and that when the child does not have a donor card the organ removal should be prohibited. Important material for understanding an unprecedented bioethics debate now occurring in Japan. Page numbers in the original are marked by (preceding page) / (following page).
Γιώργου περδίκη βουλευτή του Κινήματος paper οικολόγων περιβαλοντιστών). El, law proposal aiming at prohibiting exit polls during election days and their dissemination on radio and television (Official gazette (Επίσημη Εφημερίδα 7/08/2013,. View a list of countries recognizing the Armenian Genocide. May 28, 1998, adopted Text. 140 "Small law national Assembly, october 4, 1958 Constitution. Eleventh Legislature, ordinary session of, may 29, 1998. Law Proposal, adopted in first reading by the national Assembly relating to recognition of the Armenian genocide of 1915. The national Assembly adopted the law proposal, the content of which follows: see numbers: 895 and 925.
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In June 2013, a deputy of the cypriot party Κίνημα οικολόγων περιβαλοντιστών (koπ - ecological and Environmental movement) submitted a law proposal to the cyprian Parliament aiming at prohibiting exit polls during election days and their dissemination on radio and television. The prohibition on exit polls and their coverage applies to all elections, be they at municipal, national or European level. The public broadcaster and all other radio and television broadcasters are banned from screening or transmitting the results of any exit polls that directly or indirectly refer to elections. Offenders risk a fine of up to eur 1,000, imprisonment of up to six months, or both. According to the explanatory memorandum attached to the proposal, exit polls and their media coverage are considered problematic in view of undue influence as could be seen in particular after the closing of the ballots in the presidential elections of 17 February 2013. They proved unreliable because they diverged from the actual results of the ballot, while partial results of the exit polls were used during the election by campaign teams in order to influence the will of the electorate, claims the deputy of the koπ faction, which. References, summary o περί της Απαγόρευσης διεξαγωγής και προβολής δημοσκοπήσεων Εξόδου (Exit Poll) νόμος του 2013. (πρόταση νόμου του.