The question we will address“What are the legal principles governing the modalities of organ donation in Egypt? »

 

           Organ donation in Egyptian law is defined as the provision of one or more parts of a person's body, by themselves or their relatives, for transplantation into another person. of the donated organ(s). (Organ harvesting).

           To contextualize organ donation in Egypt, many Arab countries have initiated the legalization of organ donation and the Kingdom of Saudi Arabia was one of the first Islamic countries to legalize organ donation. As she founded The Saudi Center for Organ Donation, which was established by a decree in 1983, when the first organ donation operation from a deceased person was carried out in 1984. In April 2021, the Council Saudi ministers approved organ donation system.

           In principle, the human body is inviolable, non-transferable and unavailable. Successive laws, notably those of bioethics, have the essential purpose of determining a legal status of the human body and its elements within the framework of which the limits to their use are redefined. In 2009, the Academy of Islamic Research (Al Azhar) issued a fatwa which inspired the development of the 2010 law. This sets out the admissibility of organ donation from a religious point of view. The Fatwa emphasized the legal permissibility of organ donation between relatives, but on a conditional basis. The issue of organ donation is also raised by articles 60 and 61 of the Egyptian constitution which prohibit organ trafficking but admit consensual organ donation following the terms specified by law. It is allowed to donate organs during a person's life or after his death, but only on condition of his consent or the presence of a will. In addition, the organ transplantation law “Law N.5 of 2010” and its regulatory provisions establish the conditions for admissibility of organ donation, as well as the organization of this procedure. This law also sets out sanctions and prohibitions. - Article 2 indicates the pathological state of the recipient can only be remedied by the donation of an organ either from a deceased or a living person, It is prohibited to transplant into the genital organs of the body in order to prevent genealogical mixing. - In article 3, it is prohibited to transplant the organs of Egyptians to foreigners, with the exception of spouses (over 3 years old). - According to article 4, it indicates that organ donation is permitted between Egyptian relatives of the family. But we can exceptionally admit the donation between non-relatives if the recipient is in an emergency situation of need for an organ, it will require the agreement of a specific commission appointed by a decree issued by the Minister of the health. - Article 5 indicates the conditions of the donation, that the donation must be made of a free will, free from defects of consent, and proven in writing. Also, the donor must have legal capacity. In this regard, minors and the incapable will not be able to volunteer for organ donation. - According to article 6 it is prohibited to trade, sell or purchase all organs of the human body, any part of it, or any of its tissues in sight. - And article 8 indicates that it is permissible to preserve the life of a person or to treat him in case of necessity to remove organs from a deceased person. But the latter must provide in a will or in an official document that he accepts the donation of these organs after his death. Organ donation allows you to save the life of another person or even to make them live without suffering. Supporting this idea will increase cases that can be saved and reduce waiting lists in need of a life-saving donation. Several measures can be taken to ensure that the law regulating organ donation and transfer comes into force. The most important of these is to raise awareness, in the Egyptian streets, of the benefit gained by society from the application of this law. 3 years ago, a number of young people who believed in the importance of organ donation formed a virtual group that seeks to spread the culture of organ donation and change societal concepts through social media and the Facebook site. In fact, they have issued an organ donation recognition form after death, which can be registered in one of the branches of the Egyptian real estate registry, and becomes enforceable after death, and this document is an authorization to dispose of the donor organs after death, without material or moral compensation. Despite the law enacted in 2011 regulating organ transplantation by documenting donation declarations, many notaries refused to carry out their tasks, and disrupted procedures instead of facilitating them. The Real Estate Registration Authority also published a periodic book in which it stated that anyone who disrupts the documentation procedures for organ donation disrupts public work, to address notaries who refused to perform their duties and disrupt procedures instead of facilitating them. Muhammad Awad Taj El-Din, advisor to the Egyptian president for health and prevention affairs, also announced the intention to study the addition of the choice of organ donation in the national identity card, as is is the case in many countries after death.