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Anyone who does not explicitly say no should be considered an organ donor in the future. On the other hand, the referendum was successfully held.
Last year 462 people received an organ from a deceased person. Three times as many were waiting for a transplant in 2021, sometimes for months or even years. That should change with the contradiction solution.
It should ensure more donors, says Minister of Health Alain Berset: “This important step is there to improve the chances of everyone who is waiting for an organ. Organ donation can extend lifespan and even save lives.”
This important step is there to improve the chances of everyone waiting for an organ.
Instead of having to actively say yes, as is the case today, one would now have to actively say no if one does not want one’s own organs to be donated. That’s a mistake, say those fighting the bill. One of them is the co-president of the No Committee, Susanne Claus. “An unspoken yes or no automatically becomes a yes.”
Violation of the Constitution?
Opponents see even more problems in resolving contradictions. In their opinion, the new law violates the constitution. Specifically against the right to self-determination and the right to physical integrity.
In addition, this solution would disadvantage the socially weakest because they would not be able to obtain adequate information, says Susanne Clauss: “There are people who cannot read or write, who do not speak the language. We assume that this is illusory or simply not possible to adequately enlighten all of these people. » And that they would then be eligible for organ donation by law is not fair.
We assume that this is illusory or simply not possible to adequately enlighten all of these people.
The Federal Council believes that the relatives could still defend themselves here. Because – as it says in the template – if there is no documented will, they will be questioned. Alain Berset says that if relatives know or suspect that a person does not want to donate their organs, this does not have to happen.
For the opponents of the contradiction solution, this variant increases the pressure on relatives: “Such legislation will certainly bring about a change in social, moral and ethical basic values. People will assume even more that it is clear that one is donating organs.”
The relatives would have to credibly demonstrate that this patient really did not want to donate any organs, Clauss continued. And that is more difficult with the new law. The referendum on the contradiction solution is on May 15th.