Should there be a legal for profit capitalist market in human kidneys

Document Type:Essay

Subject Area:Philosophy

Document 1

Recently cases of organ transplantation have greatly increased and have become a subject of discussion by many countries across the world. The common organs transplanted include kidneys, livers, hearts, intestines, and lungs. This paper seeks to explain the arguments for the legalization of the human kidney trade as well as address the views of those against the legalization (Greasley,pp52). The shortage of organs available to patients who are in dire need has prompted such problems. The numbers of individuals who need organ transplantation are very many compared to the number of organs available. This has necessitated the trade where willing sellers and willing buyers agree to transact the organ transplantation trade (Greasley,pp52). The sellers are normally poor people who sell their organs to enhance their economic status. This has elicited a lot of reactions from different people. Different countries have different views concerning the matter, and this has led some countries to burn the legality of the organ transplant whereas others have made it legal. A few other countries are still in a dilemma on whether to legalize or not. A considerable number of people around the world die as a result of the shortage of kidneys for transplantation. These patients could be saved if the kidneys were easily accessible through a consenting willing seller and a willing buyer in the market. Although there are several shortcomings for this trade, for instance, a crime such as human trafficking, I believe a well-regulated market will best suit the problem. Many authors who have written on the concept of free market trade on human kidneys have explained the act of illegalizing the human kidney market trade as bound to fail.

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This is because many people’s lives are at stake for lack of human kidney. According to their findings, approximately ten people lose their lives daily due to kidney failure in the United States of America. It was discovered that the patients affected are for the legalization of kidney transplantation. More than half of the country’s population who are unaffected supports the move to save lives so long as it’s done in a regulated market. This means that the seller has to be a consenting adult. This move will help decrease the number of deaths occurring daily around the world. Another factor is greed for money; this has led many poor people as well as the middle class to trade their kidneys for monetary gains. An addressing the issue of safety, there have been many proposals in a place to conduct pilot studies that will help in compensating the people that have donated their kidneys.

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Healthcare personnel should conduct researches geared towards establishing a safe procedure undertaken during the process of kidney transplantation. Research has indicated that screened donors have lived long lives compared to those people with two kidneys. For success to be achieved regarding safety, people need to use legitimate kidney markets. Those opposed to the free capitalist kidney trade say that there is a very high possibility of those who are financially capable of manipulating the poor. This practice can also encourage human trafficking and inhuman donations. The available evidence indicates that about five percent of the people that received the kidney organs in the year 2005 once engaged in donating their organs. Therefore recurring transplants are dangerous hence it is right to advocate against organ transplantation. Commercialization of kidney organs has resulted in criminal motives, for instance, the number of people being kidnapped has increased.

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The most targeted groups are the teenagers and children. Poverty is the main reason for the existence of the red market. Red markets are characterized by dangerous risks of organ selling being undertaken by individuals in unauthorized health facilities. Kidney transplants are the most common organ transplant happening globally more so in red markets. Some countries have made attempts to legalize the kidney transplant market. This is a measure made to restrict tourism transplant. Organs are only transplanted between the citizens of the country of Iran while healthcare personnel and the patients are not supposed to receive any payments or incur charges during the act respectively. The market transplant system in Iran is entirely charity and volunteer based. People are responsible for their choices and thus are the one to make decisions regarding whether or not to donate their kidneys.

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I ran been able to avoid kidney problems through the restriction of foreign organ trade. This support was regarding giving kidney transplant packages that were sold for about twenty-five thousand dollars. In March 2008, The Philippine government termed the trade illegal hence not allowed going on. This resulted in a quick decline (Taylor,pp320). Conclusion In conclusion, Implementation of laws and advancement in medicine has been fronted as the only two ways to decrease the cases of red markets. Kidney transplantation has been regarded the crucial issue that affects the whole. “Imposing Options on People in Poverty”, Journal of Medical Ethics, 40: 145– 150 Malmqvist, E. “Are bans on kidney sales unjustifiably paternalistic?”, Bioethics, 28: 110– 118. –––, 2015, “Kidney Sales and The Analogy with Dangerous Employment”, Health Care Analysis, 23: 107–121. Taylor, J. S.

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Document 2

Statistics indicate that only one in every four candidates can access it every year. It means that the other people have to be sustained by dialysis until it’s their turn. Others develop complications and pass on while still waiting. The case would be different if more Americans signed organ donation cards; if families gave consent to donate their loved one’s organs; if the medical personnel approached their potential donors more often. The purchase and sale of human organs are illegal in the world which led to the creation of the black market to sustain the demand. The black market is made up of rich patients from the developed countries purchasing the kidneys from poor people in underdeveloped countries. This paper will argue that the solution to black market is to come up with a legalized and regulated market of human kidneys. This system will assist in catering for the shortage of organs while at the same time minimizing the opportunities for exploitation and corruption within the black market. The legalization of profit capital market in the selling of human kidneys or human organs may be viewed from the perspective of the theoretical perspectives of philosophy. Most of these philosophies assess a situation based on its outcome, and in this case, the outcome of legalizing of profit capitalist market within the world would be the main point of focus. As stated earlier, the number of people that require organs would reduce as people would at will to share any organ that they deem fit only on the condition that the ones that they will be left with won’t affect their operation or any other physiological process in that matter.

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As such, the outcome, in this case, would be on the number of people who do not die when the capitalist market in human kidneys is legalized. The altruism approach which is defined by the acting concerned for the well-being of others may be used in this scenario (Wilkinson). In addition, by utilizing the ethical and moral theories, on is presented with a chance of evaluating the actions as well as the concept. Altruism is based on two approaches, one is on the concept being extrinsically good and contrasted with morally bad characteristics and based on the notion that altruism is good due to the good and positive effects it will have on the person to whom the deed is directed to (Wilkinson). Therefore, based on this two perspectives, the second one may be applicable in this case as the larger picture, which is the impact that the legalization of the for-profit capital market would bring about.

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More people would be saved, and despite their being those that benefit from the action, it will still have a great impact on the community and the health field at large. Organs would be available for anyone to have access to due to the increase in the number of people that donate and also, additionally, poor people would also benefit from this transactions. Looking at the altruism, it is a positive concept that would work to the benefit of the masses at large as it puts forth a positive approach towards the solving of the problem. It is not only organs that are looked at keenly from the perspective of an altruist. On the other hand, the Kantian Universalists ideologies may also be used in this scenario, for example, in this instance, the moral universalism of the legalization of this acts ought to be looked at in order to determine whether it is worth following and based on the perspective of the approach, it may be considered as being moral as it will help in saving of lives (Saenz 263-277) Currently, the demand for kidneys is beyond the available supply.

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For instance, there are 40,000 patients on the kidney waiting list for a kidney transplant; However, only 1 out of 4 patients will receive the organ. It is an indication that most of the patients will die before they get the transplant. A study carried out in 2001inidcated that 15 patients pass on every day in the united states while they wait for an organ transplant. Medical practitioners also indicate also indicated that organ transplant from living donors is preferable over those belonging to deceased people (“Chapter 7”). It has been noted that the legal market will help in increasing the supply of the organ. Legitimizing the ethical and regulatory concerns, the commercial scheme must be set up in a way that it safeguards the involved parties form exploitation and be concerned about the vulnerable. It must also account justice and equity considerations.

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The system should also be made up of one purchaser who could be a government agency and should define the penalties to prevent abuse. Some arguments are in favor of the law and regulations for the human kidney trade. Therefore, the legalization of the trade is rather a creation of an illusion of an ethical choice within an unethical context (“Chapter 7”). Other people have argued that the legalization while enhancing the discrimination between the rich and the poor because the opportunity for those who can’t afford to purchase the kidneys will be eliminated. Underneath all that, there is a possibility that the poor as well the rich patients will benefit from the legalized system of kidney purchase because, for every successful kidney transplant, valuable hours will be spared for the dialysis machine.

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It has also been indicated that it is patronizing for to assume that the individual donors cannot make a reasonable decision on whether to sell their kidneys. Some opponents of the legalized organ selling would also deprive the donors’ psychological benefits they accrue as voluntary donors. Based on the ethical issue, the black market indicates that the buying and selling of organs will carry on despite the illegality of the issues. Therefore, it would be a better idea to regulate the practice with the donors being compensated fairly and the corrupt nature of the black market will be removed. In conclusion, the critical problem is that the demand for human kidneys is greater than the existing supply. It has resulted in a black market in which poor people are desperate enough to give up their kidneys and other organs at a lower price than the actual market value.

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The most appropriate solution is to come up with a legalized and regulated market which is set up with protections.  Plato. stanford. edu. N. P.

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