Alternative option for resistance - Schleswig-Holstein Signs Up for Program
The northern German state of Schleswig-Holstein has joined a Bundesrat initiative from North Rhine-Westphalia to introduce the resolution of objections in organ donation. The proposed law states that all individuals in Germany will be considered organ donors by default unless they express their objection. Health Minister Kerstin von der Decken (CDU) announced this decision on Monday, citing the scarcity of donated organs as the reason. "There are too many people in Germany waiting for a donor organ because there aren't enough donated organs," she explained on Tuesday. At present, 394 people in Schleswig-Holstein are waiting for a suitable transplant.
Minister von der Decken assured that no one would be coerced into becoming an organ donor. However, it would be necessary to explicitly object if someone did not wish to be one. According to the draft law, objections could be recorded in the Organ Donation Register, an Organ Donation Card, a patient directive, or in any other written form. Alternatively, individuals could verbally express their objection to their family members. No justification is needed for such an objection. Under the proposed law, organ donation will not be allowed in the case of the deceased who did not fully understand the importance of organ donation and therefore did not provide their consent.
As per the existing legal situation, organs and tissues can only be removed following death if the deceased person had agreed to it while they were alive. In the absence of any decision, relatives are consulted for their opinion. In 2020, the Bundestag voted against the resolution of objections.
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- The Federal Council initiative, led by North Rhine-Westphalia, aims to introduce a resolution of objections in organ donation across Germany, making individuals organ donors by default unless they opt out.
- Opposition to organ donation can be recorded in various ways, such as the Organ Donation Register, an Organ Donation Card, a patient directive, or in any other written form, or verbally expressed to family members.
- Germany's Health Minister Kerstin von der Decken, who belongs to the CDU party, announced that Schleswig-Holstein has signed up for this initiative due to the shortage of donated organs, affecting over 394 individuals in the state.
- The CDU-led federal government, however, faced opposition in 2020 when the Bundestag voted against the resolution of objections in organ donation.
- The initiative could help alleviate the demand for donor organs, as according to the existing law, organs can only be harvested with the deceased's consent, which has often been lacking due to the stigma surrounding the topic and lack of awareness about organ donation.
