20 January 2010
WHO welcomes Egyptian organ transplant law
The World Health Organization today welcomes the new Egyptian law that has been initially approved by the Parliament to regulate organ transplant. Dr Hussein A. Gezairy, WHO Regional Director for the Eastern Mediterranean said: “The approval of this law is a wonderful step that creates hope for thousands of patients who have been waiting a long time for live-saving transplant operations”. He added, “It is also a significant step towards ending illegal organ trafficking, which usually results in operations conducted under unsafe conditions and harms both donor and patient.
Eight years after the Doctors’ Syndicate first proposed a draft law to regulate organ transplants and after two years of discussions, the Egyptian parliament has finally signed off on the controversial law to the relief of thousands of desperate patients, and has opened a window of hope for ending organ trafficking.
The absence of appropriate legislation has, over the years, given rise to a thriving illegal organ trade business in Egypt, which has become a hub for regional trafficking. The new legislation bans remunerated trafficking of organs.
The main bone of contention in the bill was agreeing on a definition of death. Although the global medical profession has defined death as brain stem death, many MPs argued that death must involve the arrest of both the brain and the heart. The new legislation does not define death but refers cases of potential organ donation from deceased persons to a panel of three experts, who must reach consensus on whether or not the potential donor is dead. The Higher Committee for Organ Transplants, a Ministry of Health-affiliated body that will be established according to the new law, will appoint the experts in conjunction with the Ministry of Health.
According to the new law, any decision to remove organs before the panel’s approval would be considered first-degree murder and punishable by death. The law also stipulates that organ donations from live donors will be restricted to family members of the fourth degree.
Transplant procedures for low-income patients will be financed by the State, according to the new law. Operations would be conducted according to case urgency, with a specialized committee in place to decide on priority cases.
Individuals who remove or implant human organs shall be penalized by life imprisonment and a fine ranging from 100 000 LE to 300 000 LE.
The Parliament discussions highlighted the necessity of establishing a proper organ waiting list، with provisions that would seriously penalize anyone who tries to cheat their way onto the list. It is hoped that the law will come into force as soon as possible to end illegal organ trafficking in Egypt. The Doctors’ Syndicate first proposed the organ donation law in Egypt eight years ago, to combat illegal trafficking and to help the estimated 42,000 people in Egypt in need of transplants.
