PHIL 386 Healthcare Ethics

A blog about ethical issues in healthcare from a philosophical perspective

The Dangers of Selling Human Organs

Introduction

In R. R. Kishore’s paper “Human Organs, Scarcities, and Sale: Morality Revisited,” arguments are made in favour of organ selling. Here, I will describe two of the arguments that Kishore makes in his work, namely i) that human dignity is not violated in organ sales, and ii) that many healthcare services today are already commercialized and disadvantage the poor—and therefore, that such an argument is not sufficient to reject organ selling. I will then present my objections to these claims. To the first, I will argue that while it may appear that human dignity is not violated when viewing the organ-selling transaction between a single donor and buyer, the collective effects of organ-selling in society will lead to a violation of human dignity, because the poor will likely become the greatest source of organs, and dehumanizing attitudes directed towards this population may follow accordingly. To the second, I will argue that just because other health services already disadvantage the poor does not mean that we should implement further practices that will further disadvantage the poor.

 

Definitions

Here, I will define some important terms that will be helpful for our understanding as we go along. Dignity can be defined as the qualities that make us human—i.e., those that are exclusive to humanity (Kishore 408). Such qualities include “…love, trust, righteousness, compassion, tolerance, fairness…” (Kishore 409). Therefore, when an action has “gone against” human dignity, we mean to say that such an action has disrespected these virtues. Furthermore, organ sales in the sense that Kishore is primarily focused on refers to the act of selling a human organ from one living person to another, where the donor survives the removal of the organ.

 

Kishore’s Position on Organ Selling

One argument which Kishore makes in favour of organ selling is that human dignity is not violated in organ sales—on the contrary, he argues that selling an organ is completely in line with human dignity (Kishore 409). Kishore argues that both the donor and the receiver of the organ benefit from the transaction in ways that align with the virtues listed above—for example, the donor may receive money to feed their family, while the recipient may receive the gift of a fuller, longer life—and thus, human dignity is not violated. On the other hand, Kishore believes that prohibitions against organ selling would prevent this (seemingly) beneficial transaction and would thus violate human dignity.

Another claim that Kishore makes in favour of organ selling is that many healthcare services are already commercialized and disadvantage the poor (Kishore 409). Following, he concludes that an argument against organ selling on the grounds that it will unfairly disadvantage the poor is insufficient to prohibit organ selling. To elaborate, he argues that our society is trending towards commercialization, and that a welfare-based healthcare system cannot be obtained; therefore, implementing practices (such as organ selling) which contributes to this overall commercialization is acceptable, as it is just “…part of this overall milieu” (Kishore 410).

 

My Current Position on Organ Selling

Here, I will argue against these two claims made by Kishore, starting with the first. Between a single donor and recipient, organ selling does in fact seem like a win-win situation, as the donor gets the money that she needs, and the recipient gets the organ that he needs. In particular, the virtues of compassion, fairness, and concern for the weak seem to play out very nicely, and human dignity seems to be preserved (Kishore 409). However, when such organ transactions occur on a societal level, we would begin to see that human dignity is not preserved at all. To elaborate, if organ sales are legalized, the poverty-stricken communities will be the first to sell their organs to obtain more resources for survival. If most organs on sale are from the poor societies in our world, then we may start viewing various impoverished populations as “organ reservoirs” (Kishore 408), which may produce the implicit, dehumanizing attitude that the bodies of these impoverished individuals are a sort of commodity (which thus violates their human dignity). Historical evidence in the form of slavery, concentration camps, and residential schools have already shown us the terrible effects of these dehumanizing attitudes, which I fear may repeat itself in a similar fashion if we legalize organ selling.

Let us now turn to Kishore’s second argument. Kishore argues that since we are at the point of no return from the growing commercialization of our healthcare system, we can continue to implement practices that would further such commercialization. However, I believe that we should be trying to resist such commercialization by taking little steps in the right direction, even if we cannot completely free ourselves from the inequalities that are currently embedded in our healthcare system. In other words, I believe that we should try to rework the policies which are unfairly disadvantaging the poor and refusing to adopt policies that will encourage us to further this commercialization and ensuing inequality (such as the legalization of organ selling), rather than accepting the situation and making no effort to change it.

In my view, the seemingly beneficial action of organ selling would not outweigh the significant potential harm inflicted if organ selling is legalized, because it will violate human dignity and perpetuate inequality in society; therefore, I will conclude that organ selling should not be legalized.

 

Works Cited

Kishore R. R. “Human Organs, Scarcities, and Sale: Morality Revisited.” Biomedical Ethics: A Canadian Focus,” edited by Johnna Fisher, J.S. Russell, Alister Browne, and Leslie Burkholder, Oxford UP, 2018, pp. 407-412.

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1 Comment

  1. makenzeehce

    Hi Karen,

    Thank you so much for your insightful post. Your thoughts are clearly articulated, and your post is very well written. I really liked how you started your post by presenting Kishore’s arguments and your counterarguments. This gives the reader a clear indication of the direction your post is headed in. You also did a great job of defining key terms so that this post could be readily understood by a general audience. Finally, the arguments you made were valid, sound and well-thought-out, and I very much agree with them.

    I agree with your claim that while human dignity may not be violated when organ-selling occurs between a single vendor and buyer, that society-wide selling of human organs will lead to a violation of human dignity. I, too, can only imagine the harsh realities that would result from the commodification of human organs. The poor and those struggling financially will likely be the only ones to sell their organs, and the wealthy will be the main buyers. This will create a further divide between social classes and will perpetuate stigma; as you said, impoverished populations will likely become viewed as “organ reservoirs” (Kishore 408). A black market for organs will, undoubtedly, be created, and more homicides will likely occur as people start killing for organs. Kishore believes tight regulation is the answer (411), however, the sale of drugs is tightly regulated, but a black market still exists. As you said, dehumanizing attitudes are responsible for some of the worst atrocities in history, including many genocides, and there is a chance that dehumanizing attitudes toward the impoverished could become so extreme that these atrocities repeat themselves. Treating people and their body parts as a commodity is certainly a violation of their human dignity, as they are not being valued nor respected, but are being treated as means to an end.

    I also completely agree with your second claim. Just because there are healthcare services that already disadvantage the poor does not justify creating further inequalities within the healthcare system. This is a ridiculous argument. We should be doing everything in our power to provide equal access to healthcare, not simply using the current inequalities as an excuse to further perpetuate these inequalities. Commercialization of healthcare is unavoidable; however, we can still put in our best effort to make healthcare services freely and equally accessible. I believe permitting the sale of organs will only push us in the wrong direction. Would people still donate their organs if they could receive money for them? Likely not many would. This means that, rich or poor, you would be responsible for covering the cost of an organ that you desperately needed. This would leave a lot of low-income people scrambling to find the funds during an already difficult time. It is not just, as there would still likely be fewer organs than demand, however, those with money would be able to secure them faster, and thus, the wealthy ones in the population would end up with most of the organs. This leaves the others not only financially unstable, but also medically unstable. How is this just?

    Furthermore, as you stated, Kishore argues that selling an organ is consistent with human dignity since both the vendor and receiver of the organ benefit from the transaction (409). However, he fails to realize that the transaction may not always be beneficial for both parties. A poor vendor may immediately benefit from the sale of his organ by receiving money, however, what happens when down the road, the vendor suffers from kidney failure and now only has one kidney? If the vendor dies prematurely from kidney failure because he cannot afford to purchase an organ, then has the sale of his kidney really benefited him at all? He would have been better off had he kept his other kidney. This is a real possibility, as “the risk of short and long-term morbidity and mortality in live kidney donation is low; but it is not zero” (Glannon 432). Given the poor living conditions and often poor health that comes with living in poverty, the risk of mortality through live donation may be even higher for the impoverished. If only the receiver truly benefits from the transaction, this violates the virtue of fairness and beneficence, and undermines human dignity.

    All in all, I agree that while organ selling may seem beneficial, significant harm could result if it were permitted. Commodifying human organs makes me feel very uncomfortable, and many ethical issues would surely arise from it. Human dignity would be violated as certain populations are degraded to being mere “organ reservoirs” (Kishore 408), and inequality in society would be perpetuated, as the poor would be the vendors and the rich, the buyers. Implementing an opt-out or priority points system would be a much better approach to increase the supply of organs within the population.

    Thank you again for your very engaging post. You made some great points and I enjoyed exploring them further. I hope you have a great rest of the semester!

    Take care,
    Makenzee

    References

    Glannon, Walter. “Free Riding and Organ Donation.” Biomedical ethics : a Canadian focus, edited by Johanna Fisher, J.S. Russell, Alister Browne, and Leslie Burkholder, 3rd ed., Oxford UP, 2018, pp. 431-434.

    Kishore, R. R. “Human Organs, Scarcities, and Sale: Morality Revisited.” Biomedical ethics : a Canadian focus, edited by Johanna Fisher, J.S. Russell, Alister Browne, and Leslie Burkholder, 3rd ed., Oxford UP, 2018, pp. 407-412.

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