The German Parliament discusses amending the organ donation system

In a debate based in some aspects on personal stories and experiences, the German parliament, the Bundestag, discussed reorganizing the decision-making mechanism regarding organ donation.

Under the proposed "objection system", every adult who did not explicitly object to organ donation would automatically be considered a donor after being found to be brain dead. According to the current system, it is not permissible to take organs unless there is explicit approval to do so.

On the other hand, another group of representatives categorically rejects this system and presented a counter-proposal.

Supporters want to make donating the norm

The German public news website "Tagesschau" quoted the group supporting the proposal, which consists of representatives belonging to the Christian Democratic Union, the Christian Social Union, the Social Democratic Party, the Left Party, and the Green Party, as saying that the many improvements introduced over the past years have not led to a decisive increase in the number of donors. Therefore, according to the group, organ donation should “become the norm.”

Accordingly, organ harvesting from adults capable of giving consent will be permissible in the future even if they “did not object” to this. The project also stipulates the intensification of awareness campaigns.

How do opponents justify their position?

A second group of MPs also wants to increase the number of organ donation cases, but through more awareness and encouraging citizens to make an explicit decision. This group categorically rejects the objection system. One of her most prominent arguments is that “silence may not be interpreted as consent.”

Through a proposal it submitted, the group aims, among other things, to require all citizens in Germany “as soon as” after reaching the age of eighteen to choose a position on organ donation and document their will. The options will not be limited to yes and no, but there will also be an "I haven't decided yet" option.

Turning the body into “collective property”?

Michael Brand of the Christian Democrats says positive and explicit consent is required in all areas. He explained that there are many practical measures through which lives can be saved, noting that to date there is no appropriate electronic campaign to raise awareness and persuade people.

Representative Christina Baum and Representative Martin Zeichert from the Alternative for Germany party also fear excessive state interference in citizens’ right to self-determination. She says the objection system “simply contradicts the German Basic Law (the German Constitution).”

As for Green Party MP Sven Lehmann, he said that there is indeed a need for more donors. But he stressed that an issue of this sensitivity should "remain a decision to which a person must actively consent." He added that the objection system means “in essence, turning the body into collective property.”

What are the chances of the project being approved?

The bill supporting the “veto system,” when introduced, had the support of 254 deputies. The proposal opposing this system was initially supported by 58 deputies. But it is not yet clear what form the majority will eventually be formed within the Federal Parliament, which includes a total of 630 deputies. It is expected that the balance of power will become clear in the coming months.

The next step is to refer the initiatives to parliamentary committees for discussion, before they later move to a vote in the plenary session.

As often happens in complex ethical issues, it is expected that the vote will take place without the usual party commitment, meaning that MPs will be able to vote according to their personal convictions rather than adhering to the position of their parliamentary bloc.

8,200 people are on waiting lists

Organs such as kidneys, liver and heart are urgently needed to treat seriously ill patients. During the past year, 985 people allowed themselves to donate one or several organs to others after their death, according to the German Foundation for Organ Transplantation, which is responsible for coordinating donation operations. This was the highest number since 2012.