Memorandum by the British Sikh Consultative
Forum
The British Sikh Consultative Forum (BSCF) welcomes
this opportunity to contribute to the House of Lords European
Sub Committee G (Social Policy and Consumer Affairs) Inquiry on
the European Commission Communication on Organ Donation and Transplantation
COM (2007)0275.
BSCF welcomes the Commission's proposal that
European policy should concern itself primarily with guaranteeing
the quality and safety of transplants and with the organization
of cross-border cooperation. We welcome the recognition that the
procedures for organ donation should continue to be determined
by the Member States under domestic legislation. We also welcome
the fact the Commission is proposing to act under Article 154
of the Treaty rather than the internal market provisions of the
Treaty.
From a Sikh perspective the body after death
has to be respectfully handled as per Sikh customs and tradition
before cremation. Organ donation is permissible with the family's
consent if the deceased has not made a prior Will. The gift of
organs from living donors is also permitted with consent. Many
Sikhs may freely give consent for organ donation regarding it
as an act of mercy and compassion.
There can be no question of payments being made
to donors and families for this act of kindness. Organ trafficking
should remain illegal and we welcome the Commission's proposal
to target and stop the trade in organs. We endorse the draft report
of the European Parliament Committee on the Environment, Public
Health and Food Safety (2007/2210(INI) which insists that altruism
must be the guiding principle of organ donation and transplantation.
We have some reservations about a system of
presumed consent. We are uncomfortable with the underlying logic
of presumed consent which suggests that the individual and his/her
body belong to the state. We also strongly believe that a system
of presumed consent would only be acceptable to the extent it
does not undermine the principle of informed and freely given
consent. It would therefore be necessary to put in place sensitive
and confidential systems which would allow people to opt out without
being subject to any form of pressure or embarrassment. One possible
method of doing so would be for GPs to discuss the issue with
their patients and make a record of their decision on opting out.
BSCF's members believe that the major problem
behind the low level of organ donation is the lack of public understanding
of the issues involved, especially on the part of ethnic minorities.
A public information campaign targeted at ethnic minorities would
help to dispel fears and increase the level of organ donation
from those communities. Such a campaign, highlighting the contribution
of organ donation to society and encouraging the take-up of donor
cards or other methods by which individuals can make their wishes
known, would not be incompatible with the principles of Sikhi.
We hope this statement of views will be of value
to your Inquiry and will help to clarify the views of the Committee.
6 March 2008
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