this post was submitted on 12 Nov 2024
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We don’t get their consent to be buried or cremated or whatever else people do with the remaining bodies of their loved ones. It’s just opt out. Why should organ donation, which provides a societal and personal benefit be different?
I'm pretty sure people do make their wishes clear regarding their funeral preparations. You can put that kind of stuff in your last will and I would assume it holds some legal weight.
I actually agree that organ donation should be opt-out, but there is an unavoidable argument against that. Namely, the fact that people have the right to opt-out at all implies that you have a responsibility to verify their informed consent before enrolling them in the procedure. At least, that would be the conventional wisdom according to the field of medical ethics.
Yes, you can choose to lay out your wishes. Many do, just like opt in or opt out organ donation. However, if you don't lay out your wishes, you will still end up buried or cremated or something similar without consent.
I'm not saying that's wrong. We can't just leave dead bodies where they lie. It also provides comfort to families to practice burial rites. My point is that technically you are still making decisions about what to do with somebodies body parts without consent, as they can no longer consent. Is there really a difference? If they care that much, will they just opt out?
I know some countries, they used to let you specify which organs, but then people opted out of eyes. So they removed the option and it was just donor or not. People still consented, without opting out of eyes. Is that better, or is that manipulating consent?
That's a good point, you're right.
That's interesting about the eyes, I'm honestly not sure what to say about that.
In most (all) European states you actually get a state mandated ID card, which has an expiration date. So the consent can be formed while filling out the formular to get a new ID.