5

Planet Debate 2014
L-D Fall – Organs

Topic Wording 6

**DEFINITIONS** 7

Distinction Between Types of Consent 8

Presumed Consent =Opt-Out 9

Presumed Consent: Requires Proof that Deceased Would Have Consented 10

**ORGANS IMPACTS** 11

*Organ Shortage Now* 12

Organ Shortages Widespread and Increasing 13

AT: "New Technology Will Solve Organ Shortage" 15

AT: "New Policies Reducing Organ Shortage" 16

*Organ Shortage Now Answers* 17

US Supply Increasing: Breakthrough Collaborative 18

US Supply Increasing: 2006 UAGA Improvements 19

Current US Policy Increases Supply Without Compromising Principles 20

Family Veto Role Declining 21

*Organ Shortage Impact - General* 22

Consensus that Organ Transplantation is a Public Good 23

Organ Shortages Kill 24

*Organ Shortage Impact - Xenotransplantation Bad* 25

Organ Shortage Drives Xenotransplantation Research 26

Organ Supply Key - Banning Research Won't Solve 27

Xenotransplantation Impacts: Military Readiness 28

Xenotransplantation Impacts: Health Care Costs 29

Xenotransplantation Impacts: Disease Outbreaks/Extinction 32

Xenotransplantation Impacts: No Tech Solutions 37

*Organ Shortage Impact - Global Trafficking* 38

Link: Shortage Increases Trafficking 39

Organ Trafficking Exploits the Poor 40

Organ Trafficking Unjust 41

*Organ Shortage Impact Answers* 42

**AFFIRMATIVE** 43

*Presumed Consent Good* 44

Opt-In Systems Increase Organ Shortage 45

Generally Justified 46

Immoral Not to Adopt Presumed Consent 47

Justified Under Utilitarianism 48

Morally Justified : Better for the Family 49

Should Adopt Presumed Consent System 50

Presumed Consent Reduces Organ Trafficking 51

Presumed Consent Increases Organ Supply 52

Presumed Consent Causes More People to Choose Donation 55

Presumed Consent Decreases Family Opposition 56

Presumed Consent Effective: Empirical Evidence 57

Presumed Consent Effective: Spain Proves 58

Presumed Consent Effective: AT- "Family Veto Trumps" 59

Presumed Consent Effective: AT- "Undermines Trust in System" 60

Presumed Consent Solves Commodification 61

Many Countries Use Presumed Consent Systems 62

AT: "Presumed Consent Unethical" 63

AT: "Presumed Consent Violates Individual Autonomy" 64

AT: "Presumed Consent Coercive" 66

AT: "Presumed Consent Infringes on Religious Freedom" 67

*Mandated Choice Good* 68

Mandated Choice Best Option 69

Mandated Choice Solves Organ Supply While Avoiding Politics DAs 70

Mandated Choice Solves Organ Supply 71

Mandated Choice - Protects Autonomy 72

Illinois Proves Solvency 74

Education Solvency 75

Family Default Solvency 76

AT: "Prottas" 77

AT: Backlash 78

AT: Costly/Complicated 79

AT: Empirically Failed 80

AT: Registry Fails 82

Mandated Choice - What it Does 83

*Legal Organ Trade Bad* 84

Commodification K -- Shell 85

Commodification K -- Autonomy Link 88

Commodification K -- Bare Life Link 89

Commodification K -- Power Link 90

Commodification K -- Living Donors Link 92

Commodification K -- Organ Scarcity Link 93

Commodification K -- Impact 94

Commodification K -- Ethics Impact 95

Commodification K -- Imperialism Impact 96

Commodification K -- Turns the Case 97

Commodification K - Anthropology Alternative 99

Commodification K - Gift Alternative 100

Commodification K - Incentives Alternative 101

Commodification K - AT: "Commodification Good/Inevitable" 102

Commodification K - AT: "Capitalism Good" 103

Commodification K - AT: "Key to Autonomy" 104

Commodification K - AT: "Regulations Solve Abuse" 106

Commodification K - AT: "Incentives/Gifts Still Commodify" 108

*Alternatives Fail* 110

Incentives Fail- Turn: Undermines Trust in Organ System 111

Incentives Fail- Spain Prohibits Incentives 112

Incentives Bad: Fuels Trafficking/Coercive 113

Incentives Bad: Undermines Altruism 114

Incentives Bad: Priority Rule Allocation Problematic 115

Education Fails 117

Mandatory Consent Bad: Immoral 118

**NEGATIVE** 119

*Presumed Consent Bad* 120

Presumed Consent Unnecessary - Other Plans Available 121

Presumed Consent Fails: Turn- Undermines Public Support for Donations 122

Presumed Consent Fails: Turn- Increases Family Veto 124

Presumed Consent Fails: Respect for Individual Choice Key to Public Support 126

Presumed Consent Fails: Definitional Ambiguity 127

Presumed Consent Fails: No Empirical Support - Generally 128

Presumed Consent Fails: No Empirical Support - Spain 131

Presumed Consent Fails: No Empirical Support - Nordic Countries 132

Presumed Consent Fails: No Empirical Support - Chile 133

Presumed Consent Fails: No Empirical Support - Brazil 134

Presumed Consent Fails: Will Not Decrease Organ Shortage Even if it Increases Organ Donations 135

No Justification for Presumed Consent in Organ Donation 136

Presumed Consent Immoral 137

Presumed Consent Unethical 138

Presumed Consent Undermines Individual Choice 140

Presumed Consent Undermines Individual Choice: AT- "Individual Autonomy Bad/Communitarianism Good" 141

Presumed Consent Violates Religious Freedom 142

Presumed Consent Increases Biopower 143

Presumed Consent Coercive 145

Presumed Consent Commodifying 146

Presumed Consent Prone to Error 147

UK Has Rejected Presumed Consent 148

AT: "Presumed Consent Justified by Utilitarianism" 149

AT: "Presumed Consent Morally Justified" 150

*Solvency Arguments* 151

Healthy Lifestyle Turn 152

Family Veto Thwarts Solvency of All Proposals 153

Family Veto Not Justified 154

*Legal Organ Trade Good* 155

Gift Conception of Organ Transfer Bad 156

Legal Organ Trade Good Increasingly Accepted 157

Legal Organ Trade Justified on Autonomy Grounds 158

Legal Organ Trade Effective Way to Increase Supply 159

Legal Organ Trade Only Solution 162

Legal Organ Trade Solves Global Black Market 164

Ban on Sales Causes Shortages, Trafficking and Abuse 166

Regulated Market Solves Shortages And Avoids Abuses 168

Regulated Market Solves Abuses 170

Regulated Market Solves Exploitation of the Poor 172

Futures Market Avoids Solvency Arguments/DAs 173

Opposition to Legal Organ Sales Paternalistic 174

Market Inevitable -- Regulated Better than Unregulated 175

AT: "Legal Market Decreases Organ Supply" 177

AT: "Legal Market Destroys Altruism" 178

AT: "Legal Market Cheapens Individual Self-Worth" 179

AT: "Legal Market Unpopular" 180

*Commodification Answers* 181

Viewing Organ Market as Commodification Self Fulfilling 182

Legalization Doesn't Inevitably Link to Commodification 183

Organ Market Does Not Uniquely Lead to Commodification 184

Commodification Not Unique 185

Commodification of the Body Does Not Cause Commodification of the Person 188

No Morality Impact 189

No Slavery Impact 190

*Dehumanization Answers* 192

Not Unique 193

*Autonomy Answers* 194

No Link 195

Autonomy Does Not Survive Death 196

Respecting Autonomous Choice Has Immoral Consequences 197

Self Ownership Justifies Viewing People as Property -- Slavery 198

Self-Ownership Morally Unjust 199

Societal Interests Outweigh Autonomy Interests of the Dead 202

Self-Ownership Conception Traps People in Death Fear 204

Self-Ownership Conception Wrong 205

*Incentives Good* 207

Incentives Effective: Priority-Rule Allocation System Most Effective 208

Incentives Effective: Priority-Rule Allocation System Justified 209

Incentives Effective: Priority-Rule Allocation System Empirically Effective 210

Incentives Effective: Honor Roll 211

Incentives Effective: Opposition Declining 212

Incentives Promote Organ Donations From Deceased Donors 213

Incentives for Families Can Increase Donations 214

Institutional Incentives Important to Increase Donations 215

AT: "Incentives Unethical/Immoral" 216

AT: "Incentives Commodify Organs" 218

AT: "Family Incentives Violate Individual's Autonomy" 219

AT: "People Will Take the Incentive Without Giving the Organs" 220

*Education Effective* 221

Education Can Increase Supply 222

*UNOS Credibility* 223

Perception of Fairness Critical to Organ Donation 224

Perception of Commercialism Undermines Organ Donation 226

Perception of Racism Undermines Organ Donation 227

Executed Prisoner Organ Harvesting Doesn't Undermine Trust in Organ Donation 228

*Solvency Arguments* 229

Global Market Means Actions In One Country Not Key 230

*Organ Harvesting Not Immoral* 231

AT: "Organ Harvesting Violates Hippocratic Ethics" 232

AT: "Organ Harvesting from Executed Prisoners Proves Immorality" 236

AT: "Violation of Dead Donor Rule Immoral" 238

*Mandatory Consent Good* 239

Mandatory Consent Justified: Moral Responsibility to Donate Organs 240

Mandatory Consent Necessary to Solve Organ Shortage 241

Mandatory Consent Better than Presumed Consent 243

Mandatory Consent Solves Exploitation of the Poor 244

Mandatory Consent Popular 245

AT: "Mandatory Consent Violates Autonomy" 246

AT: "Mandatory Consent Violates Religious Beliefs" 247

*Mandated Choice Bad* 248

Mandated Choice Generally Bad 249

*Politics* 250

Uniqueness: Current US Policy Increases Supply Effective and Popular 251

*Federalism* 252


Topic Wording

2014 September/October Topic
Resolved: A just society ought to presume consent for organ procurement from the deceased.


**DEFINITIONS**


Distinction Between Types of Consent

DIFFERENCES BETWEEN PRESUMED CONSENT AND OPT-IN LAWS

Joseph L. Verheijde, Bioethics, Policy and Law Program-Arizona State University, 2009, "Enforcement of presumed-consent policy and willingness to donate organs identified in the EU survey", Health Policy, 90 (2009) 26-31, p. 26-7

To increase the supply of transplantable organs, several countries in the European Union (EU) have implemented and are enforcing presumed consent policies for organ donation[1,2]. In countries with informed consent or opt-in legislation, such as the United Kingdom, Germany, and Sweden, individuals or their family members must give explicit permission for organ removal. In countries with presumed consent, such, as Spain, Portugal, and Austria, universal consent without explicit registration is assumed. Enforced presumed consent means that individuals who have not opted out of organ donation will automatically donate their organs at the time of death if their organs are in a suitable clinical condition. Unenforced presumed consent allows people to refuse their relatives' organ donation even though the relative has not explicitly opted out of donation.


Presumed Consent =Opt-Out

PRESUMED CONSENT SYNONYMOUS WITH "OPT-OUT"

I. Kennedy, et al, School of Public Policy-University College London, 1998, "The case for 'presumed consent' in organ donation," The Lancet, V. 351, Issue 9116, May 30, pp. 1650-1652

Is there a moral case for changing the law regulating organ donation from a system of "contracting in" to "contracting out" or "presumed consent" in those countries that have not yet done so? Contracting in refers to a system in which the law requires that donors and/or relatives must positively indicate their willingness for organs to be removed for transplantation. In a contracting out system, organs may be removed after death unless individuals positively indicate during their lifetimes that they did not wish this to be done, a system also known as presumed consent.


Presumed Consent: Requires Proof that Deceased Would Have Consented

PRESUMED CONSENT: REQUIRES PROOF THAT THE DECEASED WOULD HAVE CONSENTED

T. Tottoczko, Medical Professor-Warsaw Medical University, 2003, "Presumed Consent: What Does it Mean?", Transplantation Proceedings, 35, 1195-1197, p. 1195-6

The notion of “presumption” refers to an attitude or belief based on reasonable evidence or grounds that have been already proven, but that have no value of explicit evidence. It refers to an idea that is taken to be true, although it is not known for certain. Accordingly, convincing, indirect evidence (proof by assumption) to confirm that consent has been given is a prerequisite for “presumed consent.” If, while alive, the deceased consented to donate organs, but did not register his or her will to do so, or if such will can be demonstrated to be in keeping with his or her views, then consent can be recognized as "presumed."

"Presumed" consent must be based on the proof or well-founded assumption that the person had been properly informed about the consequences of his or her decision. As such it is "presumed informed" consent. Consent can be "presumed" only when people were properly informed and also given a genuine opportunity to opt out. When a prospective donor was not properly informed or there is no evidence of his or her will to donate, his or her hypothetical agreement cannot be recognized as presumed consent. The procurement practices must meet stringent, rigorous, widely known criteria of "presumed informed consent" accepted by the ethics committee, which is an independent body, not linked to the procurement and transplantation teams. When express consent is missing, these criteria should differentiate between "implicit consent," which indicates the will to donate organs for transplantation surgery in the event of a potential donor's death, and "implicit lack of consent' or even "implicit refusal." One should add that the criteria should be inflexible and must not be dictated by current needs and circumstance.

PRESUMED CONSENT DISTINCT FROM "GUESSED" CONSENT

T. Tottoczko, Medical Professor-Warsaw Medical University, 2003, "Presumed Consent: What Does it Mean?", Transplantation Proceedings, 35, 1195-1197, p. 1196

When there is no direct or indirect evidence, one may only guess whether the deceased would or would not have given his or her consent to use his or her organs for transplantation surgery. "To guess," however, is not the same as "to presume." A presumption is based on the validity of arguments and evidence, which support it, whereas guesswork is a "hit and miss" affair.
"Presumed consent" when not based on widely known and accepted criteria means free choice in interpretation and decision making. That is why, in the event of the death of an individual who has not been registered as a potential donor, the absence of "express consent" does not necessarily mean "implicit consent." The very fact of death does not automatically give us the right to harvest organs from the deceased because that would be based on "guessed consent."


**ORGANS IMPACTS**


*Organ Shortage Now*


Organ Shortages Widespread and Increasing

ORGAN SUPPLY AT CRISIS LEVEL GLOBALLY

Anne-Maree Farrell, David Price and Muireann Quigley, Ethics Professors, U. Manchester, De Montfort U., & U. Manchester, 2011, Organ Shortage: Ethics, Law and Pragmatism, ed. A. Farrell, D. Price, M. Quigley, p. 4

Numbers of heart-beating donors have reduced as a result of fewer younger people dying of severe head injury or catastrophic cerebrovascular events, such as road-traffic accidents. Changes in the diagnosis and management of severe brain injuries also now result in fewer critically ill patients fuflilling brain stem death testing criteria. The general decline in heart-beating donation represents a major problem with regard to addressing the problem of organ shortage. These trends are not just confined to the UK, but can be observed in most other countries with developed organ donation and transplantation systems. To a very significant extent, all such countries are in some form of crisis in terms of meeting the demand for organs, and those working in the field all largely share common concerns, anxieties and issues.

ORGAN SHORTAGE HIGH AND GROWING -- KILLS 18 PEOPLE A DAY

Alberto Abadie & Sebastien Gay, Harvard-Kennedy School & U. Chicago Economics Professor, 2006, "The impact of presumed consent legislation on cadaveric organ donation: A cross-country study," Journal of Health Economics, Vol 25, Issue 4, July, p. 599-620

In 2002, 6679 patients died on the U.S. organ waiting lists before an organ became available, roughly 18 per day (OPTN, 2003). In spite of media campaigns and other attempts to promote donation, the supply of organs cannot keep up with the demand, and the number of patients on waiting lists has been growing steadily during the last decade (see Fig. 1). One of the most frequently quoted explanations of the gap between the supply and demand of organs is that the number of families that refuse to grant consent to donation is still large. Approximately half of the families that are approached to request donation refuse it in the U.S. and Great Britain, compared to around 20% in Spain and around 30% in France.3 The U.S. and Great Britain are informed consent countries; Spain and France are presumed consent countries.