On the Implementation of the WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation

Abstract

Consideration of the Law of Ukraine «On the use of transplantation of anatomical materials to humans» № 2427-VIII through the prism of the Guidelines allows to demonstrate their genetic links, and thus opens the logic of the historical development of transplantation legislation in Ukraine. A comparative analysis of the text of the Guiding Principles and the Law gives grounds to claim that a set of legal means was used for the implementation of the former by the legislator, namely various forms of transformation and reception. It should be noted that the implementation of the Guidelines has not been fully implemented due to the national legislator's rejection of the idea of emotional connection between donor and recipient as a basis that legitimizes medical intervention. The rest of the provisions of the Law provide a level of guarantees that meet, and in part exceed, that set out in the Guidelines.