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Legal Problem on the Organ Donation of the Intellectually Disabled - Focusing on the study about Human Tissue Act and Mental Capacity Act -

  • DONG-A LAW REVIEW
  • 2016, (72), pp.97-119
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

SONG YOUNGMIN 1

1동아대학교

Accredited

ABSTRACT

This study examined the legal structure on the organ transplant of the intellectually disabled in terms of their own consent. Self-determination of the intellectually disabled was examined as fundamental level whether the right of self-determination of the intellectually disabled exists or not. It should be understood as different level of problem between self- determination of the normal and the intellectually disabled person. The debate on the self-determination of the normal person should be focused on how much the self-determination on their bodies would be admitted, and it can be the issue how much the self-determination of individual would be admitted as social ethics like euthanasia, death with dignity, gene therapy, clone technology and so on. However, the intellectually disabled should be regarded as the individual to be protected, not the reasonable and liberal individual, thus, the problem of self-determination of the intellectually disabled is who and how to support the self- determination of the intellectually disabled on the assumption that the disabled person are also able to exercise their self-determination. Sometimes, the intellectually disabled are not easy to deal with information, or to use and decide information, or to communicate with other people due to disability, but it can be a differentiation problem to the individual in case that the intellectually disabled are regarded as if they are uniformly lack of self-determination. It is an important issue for the intellectually disabled to be guaranteed to have the opportunity of self-determination as an individual free from other people's pressure. Various problems related to the intellectual disabled like Artificial abortion, contraceptive operation, life prolonging treatment, and so on would occur with the development of biomedical science technology. I suppose this study would be the basic reference to secure their self-determination.

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