Conditions, Preferences and Race in Organ Donation

Abstract

Acts of gift giving or donation carry the possibility of being inclusive as well as exclusive in terms of effects and agency. In this paper, I will discuss the problem that arises when an agent stipulates certain conditions on organ donation, such as race. In such a case, the general act of donation may be commendable, but the conditions stipulated as to the nature of the recipient may be subject to criticism. This is a problematic issue in the difference between stipulating obligations to humanity as a whole, and identifying particular communities according to features such as race, culture nationality and religious belief. Questions such as whether or not a donor can place restrictions on the nature of the recipient or whether the hospital as an institution should accept a donation with conditions attached present challenges to current legislation in the UK on conditional donation. This is further complicated where there is a greater need for organs in particular ethnic groups, and that although race and ethnicity do not pose barriers to transplant success, tissue type matches are better suited to those of similar ethnic background. I will address whether such limits of a person or group's ability to be altruistic is morally acceptable and whether conditions put on gift giving can be legitimately rejected through law.