The Legal Framework Regulating Illicit Human Organ Transplant and Donation in Uganda
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Date
2024-06-11
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Uganda Christian University
Abstract
The study aimed at assessing the existing legal framework regulating illicit human organ transplant
and donation in Uganda. The study objectives were: to ascertain the rationale behind the illicit human
organ trafficking/ harvesting and transplant donation, to assess the impact of Illicit human organ
harvesting/ trafficking on victims and their relatives, to discover the impact of the national
legislations Uganda Human Organ Donation and Transplant Act in minimising illicit human organ
harvesting and transplant, and to identify the gaps in the existing legal framework regulating human
organ transplant and donation. The study employed a descriptive research design with majorly
qualitative aspect. The study was majorly desktop research. Data was analysed qualitatively. The
stud findings revealed that adequate legislation, ethical frameworks, regulatory oversight and
governance are essential for the legal and ethical practice of tissue and organ procurement for
transplants in order to meet the needs of recipients, protect donors and ensuring the dignity of
everyone involved in the process. Uganda has legal framework regulating illicit human organ
transplant and donations, mainly the Uganda Human Organ and Transplant Act, 2022; and the
Declaration of Istanbul on Organ Trafficking and Transplant Tourism, 2008. It is revealed that the
existing legal framework has helped to minimize on the human organ trafficking and regulating the
transplant tourism. It also regulates the conduct of donation and transplant activities, with the
establishment of the Uganda Organ and Transplant Council to oversee organ and cell donation as
well as transplantation of organs. In Uganda, having designated Mulago National Referral Hospital
as transplant centre, the national programs donation and transplantation of organs, cells and tissues
is not consolidated. Indeed, these programs gad generally inadequate infrastructures, lack of
technical expertise, including competent human resources, insufficient institutional support, and
technology. Furthermore, the lack of public education, awareness and motivation for organ donation
in Uganda especially barriers of cultural, religious and social traditions create barriers limiting access
to donation and transplantation services.
The study recommended that organ trafficking and
transplant tourism violate the principles of equity, justice and respect for human dignity, and should
be prohibited; and areas of further research were suggested.