Em Osaka, apresentei a seguinte Conferência (abstract) no dia 2 de Setembro.
The solidarity of the human cadaver in Portugal
In this paper three interrelated issues will be analysed: the laws concerning (1) collection of human tissues and organs for transplantation, (2) research and teaching with the human cadaver and (3) the legislation concerning forensic autopsies.
The scope of this paper is to analyse the interests and values that are beyond these laws and to determine whether there is some internal coherence in the Portuguese legal system concerning the cadaver. Other European jurisdictions and the law of the Council of Europe will also be taken into consideration.
The legal regulation of collection of tissues or organs for human transplant adopts a strict opting-out system, recommended by the Council of Europe. If the person does not want to be considered as a donor, he/ she must declare it in a written document and inscribe it at a National Registry of Non-donors.
Such system is not in violation of human rights. One should compare this law with the law on forensic autopsies and the law on research and teaching with tissues and organs of human origin, which protect interests of inferior ranking than the preservation of human life.
The human cadaver plays a capital role in each culture. Portuguese law seems to accept an extensive use of the human body after death, as long as the person had not opposed such acts. In that case, criminal law and civil law may apply to protect the respect for the will of the deceased.
In this paper three interrelated issues will be analysed: the laws concerning (1) collection of human tissues and organs for transplantation, (2) research and teaching with the human cadaver and (3) the legislation concerning forensic autopsies.
The scope of this paper is to analyse the interests and values that are beyond these laws and to determine whether there is some internal coherence in the Portuguese legal system concerning the cadaver. Other European jurisdictions and the law of the Council of Europe will also be taken into consideration.
The legal regulation of collection of tissues or organs for human transplant adopts a strict opting-out system, recommended by the Council of Europe. If the person does not want to be considered as a donor, he/ she must declare it in a written document and inscribe it at a National Registry of Non-donors.
Such system is not in violation of human rights. One should compare this law with the law on forensic autopsies and the law on research and teaching with tissues and organs of human origin, which protect interests of inferior ranking than the preservation of human life.
The human cadaver plays a capital role in each culture. Portuguese law seems to accept an extensive use of the human body after death, as long as the person had not opposed such acts. In that case, criminal law and civil law may apply to protect the respect for the will of the deceased.
