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Posted on September 7, 2019 at 3:02 PM

In 1923, Dorothy L. Sayers published her first mystery featuring Lord Peter Wimsey, entitled Whose Body?  The concern was that an adult body, wearing only a pince-nez, had been found in someone’s bathtub. Whose body was this? Was it the body of a well-known financier, who had recently disappeared? Or was it the body of someone else? Whose deceased body was this?

Slightly less than one hundred years later, the nation that Sayers called home has answered that question. As of Spring, 2020, in England, and a few months later in Scotland, deceased adult bodies are the State’s for purposes of organ procurement – unless they are in an “excluded group” or have registered an “opt out” decision.  The public is currently being assured that organ procurement will not apply to all who die, but only to those whose organs would be in a “usable condition”—primarily those dying in intensive care units or accident and emergency departments.

The law of “deemed consent” applies to all but these excluded groups:

  • Those under the age of 18
  • People who lack the mental capacity to understand the new arrangements and take the necessary action
  • Visitors to England, and those not living here voluntarily
  • People who have lived in England for less than 12 months before their death

The language of “deemed consent” is the iron fist in a velvet glove. According to the National Health Services’ FAQ page:

 If you have not recorded a decision either way and you are not in an      excluded group, your family will be approached and asked if they have any information about your organ donation decision. If no information is available, it will be considered that you consent to donate your organs and your family would be expected to support this.

Although the language of donation is used, gifts are what is “given.” To call what is “taken” or “coerced” a gift is to contort language into misrepresentation.

It is a conundrum the government is trying to solve. Every day, some people needing organ transplants die. Every day, some people with potentially transplantable organs die. Inviting people to decide whether or not they want to be organ donors, and register that decision, seems a reasonable step. But deciding that the government has the right to take organs upon death is overreach. Human organs are not property. We do not “own” our organs. Whether one views human beings as ensouled bodies or embodied souls, human organs are integral to those bodies.  The government did not give the people organs; it is an injustice – to the language and the people – to take human organs and call such “donations.”

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