БІОМЕДИЧНІ ТА ЕТИЧНІ ПРИНЦИПИ ТРАНСПЛАНТАЦІЇ В КОНТЕКСТІ ЗАХИСТУ ПРАВ ЛЮДИНИ ТА ЗАСТОСУВАННЯ КОНВЕНЦІЇ ОВ'ЄДО

The article examines the biomedical and ethical principles of transplantation in the context of the protection of human rights and the application of the Oviedo Convention. The Convention on Human Rights and Biomedicine established the basic principles of protection of living donors (Article 19 and Article 20), in particular directed against any financial or comparable benefit resulting from the use of the human body or body parts (Article 21). The additional protocol to the Convention extended their effect to all aspects of the transplantation process, in particular the procurement and distribution of organs and tissues and the technical and medical techniques used in this process. It is noted that the requirement for the transplantation system is to ensure the safety of potential recipients by guaranteed tracking of the origin of all organs, tissues or cells intended for transplantation. This requirement should not conflict with the need to protect the privacy and personal data of donors and recipients. Its ultimate goal, together with the requirement to comply with ethical standards, is to optimally use the available organs while simultaneously reducing the possibility of their unfair distribution and preventing the risk of trafficking in them. It was emphasized that the Additional Protocol establishes important requirements of transparency and fairness: the transplantation system created in the states must be well structured, take into account all available organs and follow the official sequence of their distribution (Article 3). The nature or organization of the transplantation system is not defined in the Additional Protocol itself, so whether to involve local, regional, national or international organizations in order to guarantee the functioning of such a system is up to each state to decide at its own discretion. Transplant candidates should be prioritized on a medical basis, and the persons or bodies responsible for deciding on the allocation of places in the queue should adhere to this framework. The transparency of the distribution system of donor materials is important in this aspect. This is stated, in particular, in Art. 3 of the Protocol, according to which the transplantation system itself exists to ensure fair access of patients to transplantation services. At the same time, organs and tissues «are distributed only among patients from the official waiting list according to transparent, objective and duly confirmed rules and medical indications», and the transplantation system «provides for the collection and recording of information that is necessary to ensure the tracking of organs and tissues» . [ABSTRACT FROM AUTHOR]