OPINION> FROM THE CHINESE PRESS
Kidney donation is a humane act
(China Daily)
Updated: 2009-06-05 07:52

The authorities should consider the case of the prisoner wanting to donate his kidney to his dying brother from the viewpoint of both law and humanity, says an article in China Youth Daily. Excerpts:

It is reported that Ma Qizheng, a prisoner who is serving his sentences in Hubei province, applied to the prison for permission to donate his kidney to his brother, who is dying of uremia.

However, the prison authorities rejected his application on the ground that there is no legal basis for his plea. The Bureau of Prison Administration has reported the matter to the Ministry of Justice, and it is still under consideration.

When it comes to the question of whether an inmate should be allowed to donate his kidney to his brother, we need to take into consideration both the relevant legal codes and the humanitarian aspects. Neither the Prison Law nor the Organ Donation Law has a specific rule referring to the situation of an inmate donating organs.

From the viewpoint of personal rights, behavior not forbidden by the law is permissible. By the same logic, there seems to be no law standing in the way of the voluntary kidney donation of Ma Qizheng.

However, the donor is a prisoner under the control of the local prison. Prison is an instrument that exercises the function of criminal punishment on behalf of the State. When it comes to the authority of the State, it is understandable that the prison cannot allow the prisoner to donate his kidney without being authorized by law.

Given that the basic aim of Prison Law is to help the prisoners reform themselves, it is reasonable to grant permission to the applicant for donation of his kidney.

Moreover, giving the green signal to the donor conforms not only to the aim of Prison Law but also to social ethics.

(China Daily 06/05/2009 page8)